Physicians and Licensing Issues in Divorce

Divorce not only affects the parties emotionally and financially, but can also affect a party’s livelihood. Physicians in Minnesota who divorce should be particularly diligent about adhering to the terms of their divorce. Those who neglect them do so at their peril.

For example, Minnesota law allows for the court to suspend a physician’s license when they fall three months behind in child support payments or spousal support payments or both. Failure to comply with a written payment agreement approved by the court or the child support agency will cause a great deal of professional troubles. Banas Family Law, P.A. has worked with physicians to address these concerns.

What this means is that if a physician fails to comply with a written order, the court can enforce the suspension which will keep the physician from practicing their profession. This will cause problems not only in court, but also in the workplace.

A physician may have their license reinstated by adhering to conditions in a payment agreement. The agreement could include a plan where the responsible party would pay the arrearage in addition to the original monthly obligation for child support or spousal maintenance. The current support must be paid in full each month, as well. The additional amount may not be less than 20% of the original monthly amount.

There are exceptions. The responsible party may keep their license from suspension if they meet the following criteria:

• There is a mistake of fact and you are not at least three months behind in child support payments;
• You receive public assistance;
• The amount due is not required to be paid, as where there is a court order for paying the expenses for the birth of a child, but the court has reserved that payment;
• There is a modification pending on both arrears and current support;
• You have filed for bankruptcy.

If you find that your physician’s license is in danger of being suspended, it is imperative that you contact St. Paul divorce attorney Chris Banas who will work with you and the court in order to have the suspension removed.