US Child Support License Restrictions Resources in United States
US Child Support License Restrictions Resources
States & Effective Dates | Judicial/ Administrative process | Licenses Affected | Trigger Criteria | Due Process Procedures |
Alabama
Ala. Code 1975 §30-3-170 through Enacted 11/96 |
Administrative | Driver’s Occupational Professional Recreational |
Arrears in the amount of 6 months or more |
60 day notice of suspension unless obligor does one of the following: (1) Pays the entire support debt stated in the notice; (2) Enters into a payment plan approved by the department or its agent; (3) Complies with subpoenas or warrants relating to paternity or child support proceedings; (4) Requests an administrative hearing within 15 days of receipt of the notice to contest suspension.
License may be revoked if obligor has received two suspensions pursuant to this article in the previous 12 months. |
Alaska
Alaska Stat. §25.57.244, §25.27.246 Effective 10/96 |
Administrative and Judicial | Driver’s Occupational Professional |
Arrears in the amount of 4 times the monthly support amount | Driver’s license statute allows for an administrative and judicial review over a 150-day period before suspension. Occupational statute issues a 150-day temporary license while the administrative and judicial review is being conducted. |
Arizona
Ariz. Rev. Stat. §32-3701, §25-517 through §25-519 Enacted 6/90 and 1993 |
Judicial | Driver’s Professional Occupational Recreational |
Arrears in amount of 2 times monthly support; or failure to comply with subpoena or warrant | Delinquent obligors have 15 days to request an administrative review after receiving the second notice for a court hearing to suspend or deny license.
Board or agency shall suspend or deny the license within 30 days after receiving the notice of noncompliance from the court. |
Arkansas
Ark. Code Ann. §27-23-152, §16-22-102, §9-14-239 Enacted 7/95 |
Administrative | Driver’s Professional Occupational Business Recreational |
Arrears in an amount equal to 3 months or more; or failure to comply with subpoena or warrant | Child support agency shall notify the obligor that a request will be made to the department to suspend the license or permanent license plate 60 days after the notification unless a hearing with the office is requested in writing within 30 days. |
California
Cal. Welfare and Institutions Code §11350.6 Enacted 11/92 |
Administrative | Driver’s Professional Occupational Business |
Arrears in the amount of 30 calendar days or more | A one-time temporary license will be issued for 150 days. A driver’s license, excluding commercial driver’s licenses, may be extended an additional 150 days. |
Colorado
Colo. Rev. Stat. §26-13-123, §26-13-126, §42-2-127.5 Enacted 7/95 Effective 7/95 Effective 7/97 |
Administrative | Driver’s Professional Occupational Recreational | Obligor owes mores than 6 months’ gross dollar amount of child support and is paying less than fifty percent of their current monthly child support obligation each month; or failure to comply with subpoena or warrant | Obligor may be issued a restricted, probationary driver’s license up to a 90-day period.
Obligor has 30 days to request, in writing, an administrative review. |
Connecticut
Conn. Gen. Stat. §46b-220 Enacted 5/95 Effective 1/96 Effective 7/1/97 |
Judicial | Driver’s Professional Occupational Recreational | 90-day delinquency; or failure to maintain medical insurances; or failure to comply with subpoena or warrant | Obligor has 30 days to comply with the suspension order. |
Delaware
Del. Code Ann. tit. 13§2216 Effective 1/1/97 |
Administrative | Driver’s Professional Business Recreational | Obligor owes $1,000 or more in arrears or retroactive support, and is 30 or more days delinquent | Obligor has 20 days after receiving final written notice of suspension to request a hearing, pay arrears in full, surrender to bench warrant, or consent to a payment plan.
Hearing shall convene 30 days after receiving obligor’s written request. |
District of Columbia
D.C. Code Ann. §46-225.01 Enacted 11/95 Effective 2/96 |
Administrative | Driver’s Professional Business Recreational | 60-day delinquency | Obligor is given a 30-day notice before action occurs. Within that time the obligor can pay the arrears in full, or agree to and comply with a payment schedule that requires the obligor to make monthly child support payments toward the overdue support in anamount equal to 25% of the obligor’s current monthly child support obligation.
Obligor is entitled to an administrative hearing. |
Florida
Fla. Stat. §61.13015, §409.2598, §231.097, §231.28, §61.13016, §322.058, §328.42, §455.203, §559.79, Enacted 7/93 Effective 12/93 Enacted 7/95 Effective 11/95 |
Judicial process for professional and business licenses, teacher certificates, vessel registration, and non-IV-D cases.
Administrative process for driver’s license and vehicle registration in IV-D cases. |
Professional Occupational Business Vessel Registration Driver’s Vehicle Registration | For professional, business licenses, teachers certificates and vessel registration: all appropriate enforcement remedies have been exhausted
For driver’s licenses and vehicle registration: Obligor is 15 days delinquent in making a payment; or failure to comply with a subpoena or order to appear |
Professional, business, teachers and vessel registration: Obligor has 30 days after the second notice to pay owed child support or reach an agreement to pay delinquency. Failure to comply after the second notice: the IV-D agency may petition the court for license suspension.
Driver’s License/ Vehicle Registration: |
Georgia
Ga. Code §19-11-9.3 Enacted 5/96 Effective 7/96 |
Administrative | Driver’s Professional Occupational Business | 60 days or more in arrears
Ability to pay and willfulness of nonpayment are factors |
Obligor has 20 days from the date of mailing to come into compliance with the order or to reach an agreement to pay the delinquency with the agency. Obligor may also request, in writing, an administrative or judicial review within the 20 days. |
Hawaii
Hawaii Rev. Stat. §576D-13 Enacted 6/97 Effective 6/97 |
Administrative | Driver’s Professional Occupational Recreational | 3 month delinquency; or 6 months delinquency for professional and vocational licenses | Obligor has 30 days to request, in writing, a hearing to contest the notice of the suspension/revocation; or enter into a monthly payment plan. |
Idaho
Idaho Code §7-1401 through §7-1417 Enacted 3/96 Effective 1/97 |
Administrative and Judicial | Driver’s Professional Occupational Business Recreational | Arrears in an amount equal or greater than 90 days or $2,000 in arrears, which ever is less; or failure to comply with a subpoena | Obligor has 21 days after being served with notice to pay arrears in full; or establish payment schedule; or request a hearing |
Illinois
Ill. Com. Stat. §305 5/10-17.6, §5 100/10-65, §625 5/7-100 through §625 5/7-102, §625 5/7-702 through §625 5/7-708 Effective 1/92 Effective 7/96 |
Administrative and Judicial | Driver’s Professional Occupational | 90-day delinquency for driver’s license; 30-day delinquency for all other licenses |
Obligor has 60 days from the date of notice to pay current support, pay all past support if possible, and meet health care obligation.
Obligor may request a hearing to contest the notice within 45 days of the date of notice. |
Indiana
Ind. Code §31-14-12-4 through §31-14-12-9, §31-16-12-7, §12-17-2-1.5, §12-17-2-33 through §12-17-2-35 Effective 10/95 |
Administrative and Judicial | Driver’s Professional Occupational Recreational | 3-month delinquency; or $2000 in arrears; or all appropriate enforcement remedies have been exhausted | For driver’s licenses, suspension begins 5 business days after the date the notice is mailed. Obligor may petition notice.
For other licenses, obligor has 20 days to request a hearing; or pay child support arrearage in full; or establish an income withholding or payment plan to pay arrears. Obligor may receive a restricted driver’s permit. |
Iowa
Iowa Code §252J.1 through §252J.9 Enacted 1996 |
Administrative and Judicial | Driver’s Professional Occupational Business Recreational | Arrears in the amount of 3 months or more; or failure to comply with a subpoena or warrant | Obligor has a 20-day period after the mailing of the notice to request, in writing, a conference; or enter a written agreement to pay support order; or comply with an existing written agreement; or pay the total amount of delinquent support due. |
Kansas
Kan. Stat. Ann. §74-146, §74-147, §20-1204a Enacted 7/94 Effective 7/94 |
Judicial | Professional | Contempt of court | Obligor will be issued a 6-month temporary license. Extension will only occur for an additional 30 days to prevent extreme hardship. |
Kentucky
Ky. Rev. Stat. §186.570, §205.712 Effective 7/00 Effective 6/03 |
Administrative | Commercial driver’s Driver’s Professional Occupational Recreational | For commercial driver’s license, arrears in the amount of one year’s obligation. Arrears prior to 1/1/94 are exempt
For all other licenses arrears in the amount of 6 months or more |
Obligor has 20 days from the date of notice to request informational hearing.
Suspension will continue until arrears are eliminated, child support payments are being paid in accordance with a court or administrative order, or obligor complies with a subpoena or warrant relating to paternity or child support. |
Louisiana
La. Rev. Stat. §9:315.30 through §9:315.47, §32:432, §37:2952 and §56:647 Effective 1/96 |
Administrative and Judicial | Driver’s Professional Occupational Business Recreational | 90-day delinquency | Obligor has 20 days after receipt of notice to request an administrative hearing; or pay arrears in full; or establish payment schedule; or meet health insurance obligation.
If obligor is in partial compliance, the office of motor vehicles may issue the obligor a temporary license valid for a period not to exceed 120 days. |
Maine
Me. Rev. Stat. 19-A §65.2101, 19-A §65.2201, 19-A §65.2603-A Effective 1995 |
Administrative and Judicial | Driver’s Professional Occupational Business Recreational | At least 60 days in arrears
Obligor has been 30 days delinquent more than two times in the last 24 months |
Obligor has 20 days after receipt of notice to request an administrative hearing; or pay arrears in full; or establish payment schedule; or meet health insurance obligation. |
Maryland
Md. Family Law Code 16§203, 10§119, 10§199.3 Enacted 4/95 Effective 10/96 Enacted 5/97 Effective 7/97 |
Administrative | Driver’s Professional Occupational Business | For driver’s licenses, at least 60 days in arrears
For other licenses, arrears in the amount of 20 days or more |
Obligor will have reasonable opportunity to request an investigation of their alleged compliance. Obligor may appeal results of the investigation within 20 days of receiving notice of results or establish a payment schedule.
Obligor may be issued a work-restricted license. |
Massachusetts
Mass. Ann. Laws 119A§16 Enacted 4/94 Effective 4/94 |
Administrative (IV-D agency subject to judicial review). |
Driver’s Professional Occupational Business Recreational | Trigger criteria is not specified in statute.
Generally 8 weeks in arrears; or failure to comply with subpoena or warrant |
Before license restriction occurs for nonpayment of child support, the IV-D agency notifies the obligor of the amount of the delinquency. The obligor has 30 days to request a hearing or make payment before a final determination. Upon issuance of the final determination, the IV-D agency notifies the licensing authority to suspend the license. The licensing authority notifies the obligor that he or she has 10 days to resolve the child support debt by making a lump sum payment or entering into a payment agreement. Within 45 days of receipt of the final determination letter, and upon exhaustion of all administrative remedies, the obligor may request a judicial review. The judicial review is limited to mistakes of fact or law. |
Michigan
Mich. Pub. Acts 235-240 of 1996, 295 of 1982 Enacted 6/96 Effective 1/97 |
Administrative and Judicial | Driver’s Professional Occupational Recreational | Arrears equal to or greater than 2 months | Obligor has 21 days after the date of mailing the notice to pay arrears in full or request a hearing. |
Minnesota
Minn. Stat. Ann. §518.551 subd. 12 and 13, §171.186 Enacted 5/92 Effective 5/92 Effective 1/96 |
Administrative and Judicial | Driver’s Professional Occupational Recreational | Arrears in the amount of 3 months or more | Obligor has 90 days to establish a written payment agreement.
Obligor has 30 days from the date of mailing of the notice to request, in writing, a hearing to contest suspension. Obligor may be issued a temporary driver’s license for 90 days. |
Mississippi
Miss. Code Ann. §93-11-151 through §93-11-163 Effective 7/96 |
Administrative and Judicial | Driver’s Professional Occupational Business Recreational | 30-day delinquency | Obligor has 90 days after receipt of notice to pay owed support or agree to a payment schedule.
Obligor may request hearing on mistake of fact. Obligor may appeal to the chancery court within 30 days of the suspension. |
Missouri
Mo. Rev. Stat. §454.1000 through §454.1025 Effective 7/97 |
Administrative and Judicial | Driver’s Professional Occupational Business Recreational | Arrears in the amount of 3 months or $2500, whichever is less | Obligor has 60 days from date the notice is served to pay arrears in full; or enter into and comply with a payment plan approved by the court or the division; or request a hearing before the court or the director. |
Montana
Mont. Code Ann. §40-5-701 through §40-5-713 Enacted 10/93 Effective 10/93 |
Administrative | Driver’s Professional Occupational Business Recreational | Arrears in the amount greater than or equal to 6 months | Obligor has 60 days from date the notice is served to pay arrears in full; or enter into and comply with a payment plan; or comply with subpoena or warrant; or show cause in a hearing that the suspension of a license is not appropriate. |
Nebraska
Neb. Rev. Stat. §43-3301 through §43-3326 Enacted 10/97 Effective 1/98 |
Judicial | Driver’s Professional Occupational Business Recreational | Arrears in the amount of 3 months or more | Obligor has 31 days from the issuance of the notice to request an administrative or judicial review. |
Nevada
Nev. Rev. Stat. §425.500 through §425.560 Enacted 7/95 Effective 1/96 |
Administrative and Judicial | Driver’s Professional Occupational Business Recreational | Arrears in the amount of 2 months or $1000; or failure to provide medical insurance required by court | Obligor has 30 days after receipt of notice to pay arrears in full; or enter into and comply with a payment plan; or provide proof that the child is covered under a policy, contract or plan of medical insurance; or comply with the subpoena or warrant; or submit to the district attorney or other public agency a written request for a hearing. |
New Hampshire
N.H. Rev. Stat. Ann. §161-B Effective 3/96 |
Administrative | Driver’s Professional Occupational Business Recreational | 60-day delinquency; or failure to maintain health insurance coverage | Obligor has 21 days from receipt of notice to request, in writing, a supervisory review. |
New Jersey
N.J. Rev. Stat. §2A:17-56.41 through §2A:17-56.46 Effective 3/96 |
Judicial | Driver’s Professional Occupational Business Recreational | Arrears in the amount of 6 months or more | Within 30 days of the postmark date on the notice, the obligor must pay the full amount of arrears; or provide proof of health care coverage for the child; or respond to a subpoena; or makes a written request for a court hearing to the Probation Division. |
New Mexico
N.M. Stat. Ann. §40-5A Effective 7/95 |
Judicial | Driver’s Professional Occupational Business Recreational | 30-day delinquency | Obligor has 30 days from the date of the notice to provide the board with a certified statement from the department stating compliance with a judgment and order for support or subpoenas or warrants relating to paternity or child support proceedings. Obligor shall have a right to a hearing, pursuant to applicable law governing hearings. |
New York
N.Y. Domestic Relations Law §13-244 Social Services Law §6A-111-b Effective 7/95 Enacted 8/97 Effective 1/98 |
Administrative and Judicial | Driver’s Professional Occupational Business Recreational | Arrears equal to or greater than 4 months | Obligor has 45 days from the date of the notice to pay arrears in full; or establish a payment schedule; or request a review. |
North Carolina
N.C. Gen. Stat. §93B-13, §50-13.12, §110-142 through §110-142.2 Effective 7/96 |
Administrative and Judicial | Driver’s Professional Occupational Business Recreational | Arrears in the amount of 1 month; or failure to comply with subpoena | Obligor has 14 days from the date of notice to request a review to establish a payment schedule; or contest order. |
North Dakota
Judicial: Effective 8/95, revised 7/97 Administrative: Effective 8/03 |
Judicial and administrative | Judicial: Professional/Occupational Recreational Driver’s Administrative: |
Judicial: Arrears in amount greater than three times the monthly support obligation and obligor not current in court-established repayment plan; or failure to comply with subpoena Administrative: |
Judicial: For professional/occupational and recreational licenses, court must notify obligor that decision to suspend becomes final in 30 days unless obligor pays arrears in full or makes arrangements to pay owed support; or court must notify obligor that decision to suspend becomes final within time set by court unless obligor complies with subpoena. Administrative: |
Ohio
Ohio Rev. Code§3123.41 through §3123.63 Enacted 8/95 Effective 11/96 Effective 3/01 |
Administrative and Judicial | Driver’s Professional Occupational | Obligor must be found in default through court or administrative process for noncompliance with order; or failure to comply with subpoena or warrant | Obligor will be sent notice about suspension. A hearing shall not be held. |
Oklahoma
Okla. Stat. Ann. §240.15 through §240.19 Enacted 6/93 Effective 11/95 Effective 11/01 |
Administrative | Driver’s Professional Occupational Business | 90-day delinquency; or failure to maintain health insurance | Obligor has 20 days after service of notice to pay arrears in full; or enter into a payment plan; or request a hearing in writing.
If suspension of the license would create significant hardship, the obligor may be placed on probation not exceeding 3 years. |
Oregon
Or. Rev. Stat. §25.750 through §25.785 Enacted 11/93 Effective 11/93 |
Administrative and Judicial | Driver’s Professional Occupational Recreational | Arrears in the amount of $2,500 or 3-month delinquency, whichever is greater | Obligor has 30 days from the date of notice to contest in writing; or comply with subpoena; or enter into a written agreement.
Obligor may appeal contested judgment. |
Pennsylvania
Pa. Cons. Stat. Ann. tit. 23§4355 Enacted 7/93 Effective 9/93 |
Judicial | Driver’s Professional Occupational Recreational | Arrears in the amount of 3 months or more | Obligor has 30 days after the date of mailing the notice to pay arrears in full; or establish a periodic payment schedule; or to be excused from the failure to comply with the warrant or subpoena. |
Rhode Island
R.I. Gen. Laws §15-11.1-7 Effective 8/95 |
Administrative | Driver’s Professional Occupational Business Recreational | Arrears in the amount of 90 days or more; or failure to maintain health insurance coverage | Obligor has 30 days for the date of the notice to request, in writing, a family court hearing. |
South Carolina
S.C. Code Ann. §20-7-940 through §20-7-947 Effective 6/95 |
Administrative and Judicial
(Appeals to the Family Court) |
Driver’s Professional Occupational Business Recreational | Arrears in the amount of $500 or more; or 60-day delinquency | Obligor has 45 days from the receipt of notice to pay arrears in full; or establish a payment schedule; or request an administrative review. |
South Dakota
S.D. Codified Laws §32-12-116, §25-7A-56, §25-7A-56.1 Enacted 7/93 Effective 7/93 Effective 11/93 Effective 7/97 |
Administrative | Driver’s Professional Occupational Recreational | Arrears in the amount of $1,000 or more | Obligor has 10 days following the service of notice to request a hearing.
Obligor may be issued temporary driver’s license. |
Tennessee
Tenn. Code Ann. §36-5-101, §36-5-701 through §36-5-713 Enacted 7/96 Effective 7/96 |
Administrative and Judicial | Driver’s Professional Occupational Business Recreational | Arrears in the amount of $500 or more; or 90-day delinquency | Obligor has 20 days following the service of the notice to request an administrative hearing; or pay arrears in full; or establish a payment schedule. |
Texas
Tex. Family Code Chap. 232 Effective 9/95 |
Administrative and Judicial | Driver’s Professional Occupational Business Recreational | Arrears in the amount of 3 months or more | Obligor has 20 days from the date of mailing of the notice to request a hearing. |
Utah
Utah Code Ann. §62A-11-107, §78-32-17 Enacted 3/97 Effective 7/97 |
Administrative and Judicial | Driver’s Professional Occupational Recreational | 60-day delinquency | Due process not specified in statute. Obligor may request an administrative or judicial review. |
Vermont
Vt. Stat. Ann. §15.705, §15.798 Enacted 5/90 Effective 7/90 Enacted 6/95 Effective 7/95 Enacted 6/97 Effective 9/97 |
Administrative and Judicial | Driver’s Professional Occupational Business Recreational | 1-month delinquency | Hearing will be held 30 days after motion to suspend license is filed. |
Virginia
Va. Code §20-60.3, §46.2-320, §63.2-1937 Effective 7/94 |
Administrative and Judicial |
Driver’s Professional Occupational Business Recreational |
90-day delinquency or arrears in the amount of $5,000 or more; or failure to comply with a subpoena, summons or warrant | Obligor has 10 days from the date of service of the notice to request, in writing, a judicial hearing. |
Washington
Wash. Rev. Code §74.20A.020, §74.20A.320 Enacted 4/97 Effective 7/97 |
Administrative and Judicial | Driver’s Professional Occupational Business Recreational | Arrears in the amount of 6 months or more | Obligor has 20 days from date of service of the notice to enter into a payment schedule; or request in writing an adjudicative proceeding |
West Virginia
W. Va. Code §48-15 Enacted 4/97 Effective 7/97 |
Judicial | Driver’s Professional Occupational Business Recreational | Arrears equal to or exceeding six months; or non-compliance with medical order; or failure to comply with a warrant or subpoena | Obligor has 30 days from the date of the notice to pay arrears in full; or make a request for a meeting with a representative of the child support agency to arrange a payment plan or to otherwise arrange compliance with existing support orders; or makes a request for a court hearing.
If the suspension of a license will create significant hardship the obligor may enter a payment plan to pay arrears within one year while maintaining a license. |
Wisconsin
Wis. Stat. §440.13, §101.02(21), §49.857, Wis. Admin. Code Comm. 5.10 Effective ‘97 |
Administrative | Driver’s Professional Occupational Recreational | 90-day delinquency; or failure to comply with subpoena | Obligor has 30 days from the date of the mailing of notice to request an administrative hearing. Suspension period may not exceed 2 years. |
Wyoming
Wyo. Stat. §20-6-111, §20-6-112 Enacted 2/97 Effective 7/97 |
Administrative and Judicial | Driver’s Professional Occupational Recreational | Trigger criteria is not specified in statute | The obligor has 90 days after the date of the notice to pay arrears in full; or enter a payment plan approved by the department.
Obligor has 20 days from date of notice to request a hearing. Obligor shall have 30 days to appeal the hearing’s ruling. The obligor may request a hearing from the department of transportation to review record and advise the court if a probationary or conditional license is appropriate. No hearing or appeal shall be permitted for a license withheld, suspended or restricted pursuant to a court order. A temporary license may be issued for no more than 120 days. |