In Florida specifically: will a driver license suspension due to delinquent child support payments not occur if the parent filed for bankruptcy? This appears to be a loophole useful to deadbeat parents who have no intention to support their children. If so, it would protect their privilege to drive, rather than coerce them to make badly needed child support payments, as was intended by the suspension of DL for unpaid child support initially.

We are not lawyers so we are not familiar with all aspects of the laws surrounding child support payments and bankruptcy filings however we do know that child support payments and arrearages cannot be discharged through filing for bankruptcy.

Federal laws state that back child support cannot be canceled in bankruptcy proceedings. Once child support payments are owed, they will always be owed, until paid. This rule is meant to discourage those obligated to pay child support from using bankruptcy to get out of having to pay.

From the information we have read not only are child support payments non-dischargeable but actually receive priority status in bankruptcy proceedings. Support obligations must be satisfied before the bankruptcy trustee can distribute any funds to unsecured creditors and are given priority in payment over other unsecured debts and tax obligations.

Obligations for alimony, maintenance, and support of a spouse or child are automatically excepted from discharge in Chapter 7, 11, 12, and 13 cases as long as the debt is owed to a spouse, former spouse, or child of the debtor, for alimony to, maintenance in connection with a separation agreement, divorce decree, or other order of a court.

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So court-ordered spousal or child support payments are protected by law from being discharged in a bankruptcy. Support payments that are being made without a court order can be terminated in a bankruptcy proceeding. Child support arrearage or college expenses for grown children are also non-dischargeable.

Florida law mandates only a 30-day arrearage before suspending a driver's license, but directs that suspension of other licenses should be used only as a last resort if all other enforcement mechanisms have failed.

Normally for the FL HSMV to suspend a person's license due to delinquent child support payments the Obligee will need to send a written request to the clerk of the court who will verify delinquency on the account and send a Notice of Intent to Suspend the Obligor. The notice is sent by regular mail to the Obligor's address listed with the HSMV. This is provided under FL Statutes 61.13016 and 322.245.

The FL Department of Highway Safety and Motor Vehicles states that if you are delinquent in child support payments then you will get an indefinite suspension of your driver license. The individual must present an affidavit, Form # DHSMV 73986, from the child support agency, depository or the clerk of the court to get their license reinstated.

The affidavit must be dated within 30 days of the reinstatement to be honored. No exam is required, but a $47.50 fee is required to reinstate the driver license. If the affidavit is dated before the suspension date, then the suspension is deleted and no fee is required.

Since child support payments or arrearages cannot be discharged in bankruptcy procedures it would not appear that it could keep a person's license from being suspended however we would suggest that you contact the FL HSMV or Florida legislation to find out if this loophole does exist and if so what can be done by the state to close it.