Can Illinois Suspend My Driver’s License for Non-Payment of Child Support if I’m Receiving VA Disability Compensation?

Question from Kiki, Can Illinois Suspend My Driver’s License for Non-Payment of Child Support if I’m Receiving VA Disability Compensation?

Answer from AI:

In general, states, including Illinois, have the authority to suspend or revoke your driver’s license if you fail to pay child support. This is part of a broader set of enforcement tools that states can use to ensure child support is paid. However, the specifics of your situation, including your receipt of VA disability compensation, may affect how these rules apply to you.

Child Support Enforcement in Illinois

Under Illinois law, the Department of Healthcare and Family Services (HFS) Division of Child Support Services (DCSS) can take enforcement actions against parents who owe past-due child support. These actions can include:

• Income withholding
• Liens on property
• Revocation of licenses, including driver’s licenses
• Interception of tax refunds

The DCSS can request the Secretary of State to suspend or revoke your driver’s license if you owe more than $2500 in past-due child support. However, before this happens, you should receive a notice and have an opportunity to arrange payment.

VA Disability Compensation and Child Support

VA disability compensation is a benefit paid to veterans because of injuries or diseases that happened while on active duty, or were made worse by their military service. This compensation is generally considered income for the purpose of calculating child support.

However, VA disability compensation is protected from garnishment, attachment, and other legal process under federal law. This means that while your VA disability compensation can be considered when determining your child support obligation, it cannot be directly seized by creditors, including for child support arrears.

Seeking Legal Advice

If you’re facing the suspension of your driver’s license due to non-payment of child support, it’s important to seek legal advice. A lawyer can help you understand your rights and options, and may be able to help you negotiate a payment plan or other arrangement to avoid license suspension.

You may also want to consult with a lawyer if you believe your child support obligation should be modified due to changes in your income or other circumstances. The DCSS can review and modify child support orders if a significant change in circumstances has occurred.

Remember, this information is a general guide and may not apply to your specific situation. Always consult with a legal professional for personalized advice.

For more information, you can visit the Illinois Department of Healthcare and Family Services website and the U.S. Department of Veterans Affairs website.