Per the National Child Support Enforcement program and an amended version of the Social Security Act, noncustodial parents with child support payments in arrears are subject to federally mandated state laws that suspend, restrict, or withhold the driver’s license of noncustodial parents with delinquent child support payments. Drivers’ license suspension stemming from delinquent child support payments, per the U.S. General Accounting Office and the original intent of the laws and federal program, is an effective means of tracking income and assets of noncustodial parents, as well as enforcing payment of support owed.
Options for Non-Custodial Parents
For starters, prompt payment of child support owed will prevent license suspension. However, once a license has been suspended by the state motor vehicle administration, a noncustodial parent faces an uphill battle in reinstating his or her license.
- Noncustodial parents, who have incurred license suspension based on erroneous statements of delinquent child support owed, should consult with the Child Support Administration in their state to confirm payment of support owed and facilitate reinstatement of their license.
- In the same vein, any noncustodial parent with delinquent support owed, but with ability to repay support owed, can attempt to reinstate their license through repayment to the state Child Support Agency, while also providing a motion to the courts overseeing a child support order to reinstate the license for repayment.
- Additionally, a noncustodial parent can attempt to reinstate a license by filing a motion to reinstate with the court issuing the child support order based on a partial lump payment of delinquent child support amounts, while committing to future payment plans.
- A noncustodial parent may also motion the court to reinstate a license based on hardship, or in the best interest of the child, typically revolving around the requirement to have a license to perform a certain job function or obtain vocation related schooling.
- A noncustodial parent may also attempt to reinstate a license through filing a motion with the courts in light of consecutive repayment of child support in arrears, typically six (6) months, at an amount that satisfies the state Child Support Enforcement Agency in light of the noncustodial parent’s income and other considerations.
Getting Legal Help with Child Support Based Driver’s License Suspensions
Any motions filed with the courts to reinstate a license, as well as any motion to reduce or alter child support amounts owed, will fare far better with the support of a lawyer. Consult with a lawyer to learn more about your legal rights and options following license suspension based on delinquent child support payments.