Family Financial Responsibility Law and Relief Available Lawyer Manual

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Family financial responsibility law

The license may be suspended for non-payment of child support where the obligor is more than 90 days delinquent. There must be an adjudication of arrears and a finding of contempt by court or certification by the Illinois Department of Healthcare and Family Services (HFS).

Driving relief available

Since the intent of the law is to obtain support, an obligor may obtain a permit to drive to work, to medical appointments or drug treatment for self or family. The obligor must prove to the satisfaction of the court that no alternative means of transportation are reasonably available. No family financial responsibility driving permit may be issued for operation of a commercial motor vehicle.

Termination of suspension

The SOS will require a form report from the circuit court clerk or HFS that the obligor has complied with the order of support before the license will be restored. Reinstatement after a Family Responsibility Suspension will cost $70.

Administrative hearing

A driver may request a formal hearing with the secretary of state under 625 ILCS 5/2-118. The scope of the hearing will be limited to:

• Whether the driver is the actual obligor
• Whether the obligor is 90 days delinquent and in contempt
• Whether a superseding order of support has been entered

Court hearing

An obligor may request a hearing in court to contest the claim of non-compliance with a support order and suspension of driver's license. The hearing will be limited to:

• Whether obligor is required to pay child support
• Whether obligor is 90 days delinquent
• The reasonableness of a payment plan based on obligor's current financial situation