eSingleParent

States with License Revocation

or Suspension Laws

Federal law now specifies certain procedures that the states must implement to improve child support collections.  The federal government, under laws enacted in 1998, now authorizes the states to utilize the tool of license suspension to motivate non-payors to begin paying the support that they have been ordered to pay.  The text of the applicable law is as follows:

Federal Law: 42 USCS § 666 (1998)

§ 666.  Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement 

(a) Types of procedures required.  In order to satisfy section 454(20)(A) [42 USCS § 654(20)(A)], each State must have in effect laws requiring the use of the following procedures, consistent with this section and with regulations of the Secretary, to increase the effectiveness of the program which the State administers under this part [42 USCS §§ 651 et seq.]:

(16) Authority to withhold or suspend licenses. Procedures under which the

State has (and uses in appropriate cases) authority to withhold or suspend, or

to restrict the use of driver's licenses, professional and occupational licenses,

and/or recreational and sporting licenses of individuals owing overdue support

or failing, after receiving appropriate notice, to comply with subpoenas or

warrants relating to paternity or child support proceedings.       

TABLE I: Which Types of Licenses are Affected?

a.        Massachusetts did not answer this question.       

b.       Except attorneys.

TABLE II-How are the Licenses Affected?

a.       In Florida, the qualifications for licensing law are: for driver’s licenses, 30 days delinquency in child support payment; for professional licenses, all remedies must be exhausted before Judicial process.

b.       In Maine, the qualifications for licensing law are cases with no payments in 60 days, no payment agreement or not providing health insurance.

c.        Missouri stated: “People whose licenses can be suspended include: 1. An obligor who owes an amount greater than or equal to three months support payments or $2,500, whichever is less; 2. An alleged father or a custodial parent for failure to comply with an order for genetic testing; or 3. A custodial parent, non-custodial parent or alleged father who refuses to comply with a child support subpoena.”

d.       Nevada will also suspend licenses of obligors who fail to provide health insurance or respond to a subpoena.

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