A few years ago I wasn't able to pay child support for a couple months and my ex petitioned to have my DL suspended. I've been paying as agreed ever since (about 2.5 years), with an additional but small amount extra going towards the arrearage. I do still owe a couple thousand and can't pay that all in one lump sum. I need to get my license back due to a change at work. I need to know specifically what steps I need to take to get my license back (what to file, etc.), what the chances are of the judge saying it's okay even though I can't pay the balance off all at once, and what would influence his decision one way or the other.
After almost three years of calling and asking the clerk's office AND several free consultations with attorneys, the last one asking me when the judge ordered my license to be suspended. I couldn't find that particular order in any of my paperwork, just a notice from the Clerk's office of their intent to initiate suspension. Upon calling the clerk's office to inquire I was notified that the judge didn't ever order it and didn't need to as the clerk's office itself had the power to order it suspended. All that I needed to have my license reinstated was a simple form they could have filled out and faxed in to the DMV THREE YEARS AGO. It's called an "Affidavit of Compliance". It would have sure been helpful to know that simple procedure.
The applicable statutory section is: Section 61.13015 (4), Fla. Stat.
(4) If the court denies or suspends a license or certificate and the obligor subsequently pays the delinquency or reaches an agreement with the obligee to settle the delinquency and makes the first payment required by the agreement, the license or certificate shall be issued or reinstated upon written proof to the court that the obligor has complied with the court order. Proof of payment shall consist of a certified copy of the payment record issued by the depository. The court shall order the appropriate department or licensing board to issue or reinstate the license or certificate without additional charge to the obligor." (The Florida Statutes may be found at: http://www.leg.state.fl.us/statutes/ - Title VI, Chap.61)
You would have to provide proof that you and the obligee have reached an agreement and that you are paying as agreed. It would be most helpful to the Judge if the obligee would sign a document to the effect that you are paying as agreed. As the letter of the statute states, you would also need a certified copy of your payment record.
I agree that a lawyer would be best able to handle this for you, but - as long as you have the backing of the obligee - you may be successful on your own.
Send a copy of the petition for reinstatement to the obligee. The Family Law forms have a request for a hearing form and a notice of hearing form.
Good luck with this.
I agree with counsel. We cannot offer step-by-step instructions within the parameters of this site. You would be well served to contact an attorney who will handle this for you, if retained. Good luck.
