Showing posts with label Franchise Tax Board. Show all posts
Showing posts with label Franchise Tax Board. Show all posts

Tuesday, November 18, 2008

VIOLATING A COURT ORDER FOR CHILD SUPPORT... EQUALS... NO DRIVER’S LICENSE AND/OR PROFESSIONAL LICENSE

Don’t be a Dead Beat Parent:


Do not let this happen to you. If you fall into one of any of the following categories, we can help you:




  • If you are falling behind in child support because your pay/ wages have changed since your last order, then we can help you obtain a guideline child support order that reflects your current pay so that you do not lose your license!



  • If you are paying too much for child support because you now have primary custody of your children, or have been spending more time with your children then you were when the child support was issued, then we can help you obtain a guideline support that reflects the current child custody/visitation agreement that you are exercising so that you do not lose your license!



  • If you have been awarded child support, but have not been able to enforce, we can help you enforce it, and make sure that the parent is paying their share of child support!


The truth is that pursuant to California Family Code 17520, a local child support agency has the power of suspending a persons driving and/or professional licenses, such as attorney’s license and real estate license. They also may levy your bank account and/or the Franchise Tax Board may intervene a tax refund.


If you are NOT paying your child support, you may lose your driving privileges and working privileges. As we all know, it is difficult to impossible to maintain a job without a driver’s license. Or worse, it is difficult to impossible to maintain a job, if you lose your professional license in the field you are trained in.

The local agency has the power to send you a service of notice of suspension once you are 30 days late in your child support payment, which states that it will suspend your license indefinitely unless you pay your child support or make payment arrangements.

If you obtain this Notice, Do NOT IGNORE IT! If you fail to obtain a release from the local child support agency, the Department of Motor Vehicles and/or other licensing board will suspend your license(s) after 150 days of being delinquent.

You may challenge this suspension by first requesting an internal review in writing. If the local agency still refuses to lift the suspension, you may make a motion to the Court for a Conditional Release. We can help you bring forth this motion!



Do NOT lose your driver’s license and/or professional licenses. Contact an attorney before it is too late!



CALIFORNIA CHILD SUPPORT, CHILD CUSTODY, MODIFICATIONS & THE DEPARTMENT OF CHILD SUPPORT SERVICES

The payment of child support is a serious matter that can have very serious ramification for non-payment. For example, the local department of child support services could seek to enforce the current monthly child support order by taking any of the following steps:



1. Suspend any and all state issued licenses such as

  • Driver’s license

  • Professional licenses


If this occurs you can either retain a family law attorney to negotiate with the

Department of Child Support Services or file a motion to request Judicial

Release of any and all state licenses that have been or will be suspended.

The Department of Motor Vehicles can charge a fee to reinstate your license.

The fee can be around $15.00 in California. The California Department of Real
Estate Charges around $85.00 dollars to reinstate a license. It can take up to

7 to 10 days to obtain the release of any state issued licenses.

If by court order it can take up to three (3) days. If your license is suspended

By the Department of motor vehicles a temporary license can be issued for a

Period of 150 days which will then terminate at the end of the 150 days unless

Released.



2. Bank Levy/ FTB Collection program

The State Department of Child Support Services can levy your accounts

And have the Franchise Tax Board intercept income tax refunds IF you are

past due in the payment of your child support by $100.00 dollars or more.

The Franchise Tax Board runs an asset search and issues a levy if

there are any assets available for levy. The first $3500.00 can be

Exempt or you can hire a family law attorney to file a motion to request

Additional exemptions due to a factual hardship.



3. Denial of Passport

The Department of State can refuse to issue a passport to any person who

Owes $2500.00 or more in child Support payments. A notice will be sent

To by the State Department.



4. Child Support Services can report you to the Credit Reporting Agencies

Your payment or non payment can be reported on a monthly basis to

All credit reporting agencies such as TransUnion, Experian, Equifax and

Inovis.