Can You Have Your Driver's License Suspended for Failure To Pay Child Support?

If you fall behind on child support payments, the state can take away your driving privileges. Without a driver’s license, you may have trouble getting to work or earning money to pay child support. You can avoid a suspended license by keeping up with your current support payments. You may also be able to make payment arrangements to keep your license.

License suspension and other administrative penalties vary by state. For legal advice about penalties for child support debts and how to keep your license, talk to a local child support lawyer.

Administrative Penalties for Unpaid Child Support

There are various penalties for failure to comply with child support orders. States can issue administrative, civil, and criminal penalties for unpaid child support. The family court can find a parent in contempt for disregarding child support orders. Unpaid support can also include penalties and interest. In some cases, a parent can face jail time for unpaid child support. Possible penalties for unpaid child support include:

• Department of Motor Vehicles (DMV) license suspension
• Suspended professional license
• Suspended recreational licenses
• Suspended business licenses
• Withholding passport privileges
• Credit bureau reporting
• Fines and interest penalties

Federal Law for Driver’s License Suspensions

Federal law requires states to have procedures for suspending a parent’s driver’s license for child support arrears. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 is a welfare reform law. The law has child support enforcement measures to help custodial parents get back child support payments.

Enforcement penalties include revoking a parent’s license for delinquent child support. Licenses up for suspension or revocation include driver’s, recreational, professional, and occupational licenses. However, each state establishes its own license suspension policies and practices.

When States Suspend a Driver’s License for Child Support Obligations

All states provide for administrative license suspension for child support arrearages. When the state will suspend a driver’s license depends on the state. Generally, a state will suspend a driver’s license if you fall behind by a certain amount of time or dollar amount. States can also suspend a driver’s license for failure to provide medical insurance.

Most states also have a general provision to suspend a driver’s license for failure to comply with a warrant, summons, or court order. The following is a list of states and when they can suspend a driver’s license for unpaid child support.

New State Laws Limiting License Suspension

In 2021, Michigan passed ‘Clean Slate to Drive’ laws that ended license suspensions for unpaid traffic tickets and court fees. This legislation did not remove the state’s ability to suspend licenses for unpaid child support. However, a judge can still suspend a driver’s license for failure to comply with court orders.

Avoiding a Suspended License for Child Support Debt

You can avoid a license suspension by complying with child support orders. If you need your vehicle for work, you can request a restricted license from the court. A restricted or temporary license still allows you to drive to work and medical appointments. However, some states also suspend commercial driver’s licenses for nonpayment of child support.

Generally, the state sends you notice of an administrative license suspension and gives you time to respond. Within that time, you can request a hearing to challenge the suspension. You can generally get your license reinstated if you make up your child support arrears or the court approves a payment plan. If you have your license suspended, check with your state about reinstatement procedures.

Collecting Child Support Payments

If you are a custodial parent, you can take enforcement actions to collect unpaid child support. Contact your state child support agency to find out about enforcement actions. Enforcement options include garnishing wages, intercepting tax refunds, or levying the parent’s bank account.

An attorney or your state child support services can get a wage withholding order for the noncustodial parent’s employer. This requires the employer to take out a certain amount from their paycheck and send it to the child support agency. Child support services then distribute the money to you.

Legal Actions to Keep Your Driver’s License

The family law courts take child support obligations very seriously. Child support payments provide for the child’s needs. The family law court makes child support determinations based on the best interests of the child. If you get notice of a driver’s license suspension, talk to a child support attorney about your legal options.