Kavadas v. Martinez challenges the automatic suspension of driver’s licenses for nonpayment of child support without a reasonably recent hearing to determine if a default was willful. It does not challenge the ability of a court to suspend a license where there has been a recent showing that it would serve a legitimate, coercive effect.
The suit also seeks to have counsel appointed as the New Jersey Supreme Court has determined a license suspension to be a “consequence of magnitude” mandating this protection. Finally, plaintiffs seek to end the practice whereby the MVC suspends an obligor’s license but does not inform them of the suspension until afterwards (in violation of a specific statute mandating that suspensions are to be effective 20 days after imposed). A more complete write-up is here.
Ongoing case: All pleadings, documents, and information