How to get license back after child support suspension

Driver’s License Reinstatement | Division of Child Support Services

DCSS Customer Service

The Georgia Division of Child Support Services (DCSS) has made revisions to the driver’s license process as a result of an amendment to GA Law, O.C.G.A. §19-11.9.3(o). The law states that DCSS will inform delinquent noncustodial parents (NCPs) of resources that are available to them as potential alternatives to driver’s license suspension.

These License suspension options are available to any NCP who notifies DCSS about significant changes in their employment and income. They must provide verification of a new job, the loss of a job or any change in income. It is very important for the NCP to contact DCSS as soon as possible so that they will have an opportunity to explain their circumstances. They will also be encouraged to sign an Enforcement Deferral which will help them to avoid license suspension if they pay as agreed.

What is our Goal?
To reduce the number of payers whose cases are certified for license suspension and to provide the parent with Outreach services as an alternative to license suspension.

One change that DCSS made to achieve this goal and to help reduce the number of cases certified for license suspension was extending the time frame for parents who are out of compliance with a child support order from 60 to 90 calendar days. This will allow NCPs on newly established cases more time to remain compliant and to avoid license suspension.

To achieve this goal, it is critical for the NCP to notify DCSS if they become unemployed or have a reduction in income. If they do, alternate payment arrangements can be made to prevent license suspension, if they pay as agreed.

GA Driver’s License Suspension Criteria and Process
Account balances on all NCP active cases must be equal to or greater than the total monthly child support due for the previous three (3) months (90 calendar days). Additionally, the total payments for the last 105 days must be less than three (3) times the total of all monthly, weekly, bi-weekly or semi-monthly support amounts due on all active NCP cases.

The time-frame for parents who are out of compliance with a child support order has been extended from 60 to 90 calendar days. That will give a parent more time to come back into compliance when they become unemployed or underemployed. Some parents may be eligible to enroll in the Fatherhood Program as an alternative to administrative license suspension. When that happens, DCSS will also review the case to determine if the case qualifies for a review and modification of the support order.

License Suspension Release Options:
If your license is suspended or you received a Notice of Intent to Deny or Suspend, you may contact DCSS to select the most appropriate option and sign and Enforcement Deferral to have your license suspension released or avoid suspension. Other options include:

Payment of the full Past Due balance on all cases that meet the criteria for suspension
Payment of 20% of the total past due balance on all cases that meet the criteria for license suspension
Payment of three (3) times the current support and past due payments on all active cases that meet the criteria for suspension
Payment of a judicial or administrative court ordered purge payment or arrears payment
Verification of noncustodial parent's newly employed status
Enrollment in and successful completion of the Fatherhood Program
Social Security Benefits approval letter
Medical verification of an inability to work

DCSS Mobile App QR Code

The GA DCSS On the Go app provides easy and secure access to your child support account on the go. Driver’s license release options are available on the app.

Download on the App Store

Download on Google Play

Driver's License Reinstatement - Georgia Department of Driver Services

Driver's License Reinstatement- DDS

How to Fix a Driver’s License Suspension for Child Support

* * PLEASE NOTE: YES, I’M PRETTY GRACIOUS TO GIVE OUT FREE LEGAL SECRETS, BUT I DON’T HANDLE CHILD SUPPORT SUSPENSIONS. PLEASE CALL A DIVORCE OR FAMILY LAW ATTORNEY THANKS* *

Tech people are a pretty cocky bunch. Most tech believers will tell you that all of human “progress” has come via technology. Obviously, they’re not focusing on our more deadly weapons or better ways to destroy the environment, they’re bragging about the most basic technologies–like how to start a fire. After all, if we were still trying to figure out how to start a fire, you wouldn’t be reading this right now, and we would all be eating the original paleo diet.

Often, new technologies mean job losses to someone, somewhere. When elevators were first invented, nobody trusted these machines to magically transport them to another floor. So, a human being was employed full time to operate the elevator. Eventually, the “Elevator Operators Union” (it still exists) lost 17,000 jobs with the advent of automatic elevators. And, who can forget the autoworkers losing their jobs to bright yellow robots who could build cars smarter, better, faster?

It’s not fair to single out the robots, or the invention of automatic elevators. For example, 9,000 Blockbuster Video locations shut their doors once the internet started delivering movies. Nobody that I know of has ever stood up for the Blockbuster store clerks that are now unemployed.

Technology seems to be bored with wrecking blue collar jobs in manufacturing. Rumor has it technology is also after my job. Yes, good old fashioned white collar attorney jobs. I had a fairly wealthy friend recently do his will from forms purchased over the internet (LegalZoom, I think). Ten years ago, he would have hired an attorney at 10 times the price. And, hey, let’s not forget all the accountants that have lost a job to TurboTax.

But, it’s not always technology that causes job loss. Sometimes, its knowledge. And, that’s what I’m giving away free today. Knowledge that will help you get your license back, so that you don’t have to hire me. Like I said above, I don’t handle child support suspensions, but I know how this works, so, enjoy.

I represent plenty of folks who get caught driving on a suspended license (DWLS). Oddly enough, this is fairly common charge in Central Florida. One popular reason for license suspension is delinquent child support payments. Every single person I’ve represented since 1993 for driving on a child support license suspension has believed that there is “no way” they can get their license back–because they cannot afford to pay all that is past due.

It only takes a couple of missed payments to get a suspended license from child support, but most folks are tens of thousands of dollars behind. It just becomes hopeless, and there’s no need for such negativity. The problem is that the DMV is telling everyone that they will not issue a hardship license for folks behind on their child support. But the DMV are the wrong people to ask.

The DMV will not grant a hardship if money is owed for child support. Actually, the DMV will not grant a hardship if money is owed for a speeding ticket. The rule is: if you owe money, you’re not getting a hardship until everything is paid off. No exceptions.

So, we’re not going to get a hardship license if we owe back child support.

The good news is, we don’t need a hardship license. We can, simply, get the child support suspension lifted. We’ll cut the DMV out of this completely.

Most people don’t even bother attempting to get a child support suspension lifted, because they’ve heard rumors that lifting this suspension requires some sort of “lump sum” paid up front to get the process rolling. Not true. You can get your license reinstated from a child support suspension with “No Money Down. ” (Well, the family law attorney will charge you for the process, but you get the point…)

A driver’s license suspension for child support is merely the government’s way of getting your attention. They just want you to start paying your child support. So, the Department of Revenue (Child Support Enforcement) is not going to demand all of the back payments up front. They’re not going to demand some large down payment up front to get this party started. But, you’re going to have to start paying your child support again, and the monthly payment will be more than it used to be.

Here’s what they’re going to do:

Let’s say you owe $500/month in child support, and you’re $25,000 behind. The Department of Revenue will require that you start paying the monthly amount you haven’t been paying, plus an additional 10-20%. In our example, an extra 20% would create a new child support payment of $600/month. An extra 10% would bring the new monthly payment to $550/month. Basically, in order to get your license back, you must agree to pay between 10% & 20% extra per month.

Once you make that first new payment of, say, $550, your license suspension will be lifted.

Now, this must be done with a motion. Do not call the Department of Revenue and ask them over the phone to lift your child support suspension. They’ll tell you they won’t do it, or that they’ll only do it if you pay some ridiculous down payment.

Again, you must file a motion. It’s called a Petition to Reinstate Driver’s License. You can find these online and they are only a couple of pages long–but I highly recommend having an attorney draft and file this motion for you. You want to have an attorney familiar with the Department of Revenue negotiating the lifting of your suspension. I hate to say it, but the Department may take advantage of an unrepresented citizen. Just saying.

Once this motion is filed, the Department of Revenue will sit down with your attorney to work out the new payment amounts. It would be helpful to have a little bit of money to pay up front, but as I mentioned above, this is not mandatory.

Get yourself an attorney, get your license back so you don’t have to hire someone like me. I don’t handle Petitions to Reinstate for Child Support Suspensions, so hire a family lawyer who has done this sort of thing before.

Procedure for deprivation of rights for debts on alimony

Contents

Arguments in favor of the new law
Vehicles that are prohibited from driving
Conditions that allow depriving the debtor of the right to drive
Persons not subject to deprivation of a driver's license 9005 Procedure 9005 carrying out the procedure for deprivation of rights
- If there is an agreement
- If there is a writ of execution
- Decision on deprivation of rights
- Transfer of a driver's license
- Administrative liability for failure to comply with the instructions
Restoration of a driver's license

2016. Its essence is to restrict the right to drive of persons who have debts for:

maintenance payments;
penalties for the crime committed;
compensation for the harm caused.

Bank loan and utility bills were not included in the list. The restriction consists in the temporary withdrawal of a driver's license by bailiffs, traffic police officers and other officials. This measure is intended to induce the debtor to repay debts. The law applies not only to individuals, but also to individual entrepreneurs. The changes affected by it concern:

st. 64, 67.1 Federal Law No. 229 "On Enforcement Proceedings" dated October 2, 2007 ;
Art. 12.7 , 17.14 Administrative Code .

Arguments in favor of the new law

Did you know

Alimony can be filed not only after a divorce, but also while in an officially registered marriage. To do this, certain conditions must be met - the presence of a common minor child (children), the inability of one of the parents to independently financially provide for themselves or children, and more. Read more in this article

In Russia, before the introduction of Federal Law No. 340 , drivers could lose their license only for non-compliance with traffic rules. However, the restriction of a driver's license for non-payment of alimony is widely used in some developed countries: the USA, Canada, Great Britain, Finland, Poland, Israel and others. Its effectiveness has been proven by a significant reduction in maintenance debts. This was the reason for the adoption of such a law in the Russian Federation, the discussion of which began quite a long time ago.

The expected effectiveness of the new law is all the more high because about a third of the debtors, which is 450,000 people, have a driver's license. (according to Rosstat). An indirect confirmation of its effectiveness is the practical application of Article . 67 of the Federal Law "On Enforcement Proceedings" , also adopted recently. Its content is to prohibit the debtor from traveling outside the Russian Federation. The consequence of this measure was the repayment of maintenance debts in the amount of approximately 1. 5 billion rubles. in 2014

Vehicles prohibited from driving

If there is a debt, the right to drive is withdrawn:

cars;
motorcycles;
mopeds;
tricycles and quads;
self-propelled machines;
river and sea vessels;
by air.

Conditions that allow depriving the debtor of the right to drive

The possibility of depriving the driver of a driver's license appears in the presence of the following circumstances:

The court issued an order to collect the debt from the defendant.
The amount of debt in the aggregate is at least 10,000 rubles. When determining it, other unpaid obligations are also taken into account - imposed for violation of traffic rules or other legislative norms. That is, if they are available, an administrative measure can be applied even if the debt for alimony does not reach the required limit. The term of non-payment is not taken into account.
This situation does not belong to the mentioned legislation, in which the application of these measures would be unacceptable.

Persons not subject to deprivation of driving license

Para. 5 p. 9 art. 67.1 of Federal Law No. 229 provides for cases in which deprivation of rights for debts is impossible:

The cost of outstanding obligations is below 10,000 rubles.
Transport is used by the defendant as the main source of income. For example, when transporting passengers or goods. This fact must have documentary evidence - the existence of an agreement, a work book or a certificate of creation of an individual entrepreneur.
The place of residence of the debtor and his family members is located far from public transport route lines. In this connection, driving a car is the only way to reach a place of work or study and a condition for a normal existence.
The defendant has a disability.
Debtor provides maintenance for:
1. a child with a disability, regardless of its group;
2. adult invalids of group I or II.
The payer was granted a deferral of debt repayment, as he missed the payment deadlines for good reasons:
1. was ill for a long time;
2. was fired due to redundancy;
3. other causes

These circumstances must be confirmed by relevant documents. For example, an extract from the work book, a certificate from the place of residence, about disability, about the presence of a delay. Copies of the documents along with the application are transferred to the bailiff.

The application should preferably be made in two copies to avoid misunderstandings. After considering the application, the bailiff draws up an act on the ban on the withdrawal of a driver's license. It is better to always have a copy of the act, as well as supporting documents, in the car for presentation to the traffic police.

The procedure for the deprivation of rights

A document obliging the defendant to pay alimony and determining the amount of monthly payments can be drawn up in the form:

Mutual agreement (rare in practice).
Court order on the basis of which the enforcement decision is issued.

If there is an agreement

If the payer does not comply with the terms of the agreement, the child support recipient has the right to apply to the court to revoke the driver's license for debts. The application must indicate the amount of the debt and the period of non-payment. A bailiff can also file a lawsuit, which is allowed to do so by the expanded powers granted by the new law.

If there is a writ of execution

The bailiff has the right, without going to court (on his own initiative or at the request of the plaintiff), to issue an order depriving the defendant of the right to drive. The possibility of performing these actions also appeared as a result of the adopted law. This requires the presence of a writ of execution, the instructions of which were not fulfilled within the specified period. The voluntary term for payment of debts, as a rule, is 2 months. If we are talking about maintenance payments, the court may set other terms. The statute of limitations for child support arrears is 3 years. This means that in the case of a debt for several years, the defendant will be obliged to pay only the debt for the last three years. Read more on our website https://divorceinfo.ru/3057-sroki-davnosti-po-uplate-alimentov

Disqualification order

The content of the order includes:

driver's license information;
instructions on the fulfillment of obligations to the debtor;
notice that the debtor may be deprived of rights for non-payment of alimony within 5 days.

The document is subject to approval by the senior bailiff. Its copies must be sent within one day:

to the alimony recipient;
to the payer;
to the bodies of the Ministry of Internal Affairs, traffic police and other services (according to the type of transport), which record information about the collection in the database.

Transfer of a driver's license

Having received a decision on deprivation of rights, the defendant must pay off debts or hand over the driver's license to the Federal Bailiff Service (FSSP) within 5 days. At the same time, an act of transferring the document is drawn up, which is stored in the Bailiff Service until it is returned to the owner.

Administrative liability for failure to comply with the instructions

A debtor who has ignored the requirements of the bailiff may be subject to a fine in the amount of ( Art. 17.14 part 1 of the Code of Administrative Offenses ): defendant. One quarter - for one child, one third - for two, exactly half - for three or more children. Read more about the minimum amount of alimony in the article here

RUB 1000–2500 for individuals.
10000–20000 rubles for individual entrepreneurs.

If even after that the violator does not give up the right and continues to drive vehicles, any of the following measures are applied to him:

Imposition of a fine up to 30,000 rubles.
Imprisonment for up to 15 days.
Correctional labor for 100-200 hours

The person who transferred the right to drive to the debtor is subject to a penalty in the amount of 30,000 rubles.

After fines have been imposed, the child support debtor's driver's license may be forcibly revoked and transferred to the Bailiff Service. The imposition of an administrative penalty does not exclude the need to repay the debt.

Restoration of driver's license

The driver's license is returned to the debtor after full payment of existing debts and penalties accrued for late payments. As confirmation, he must provide the bailiff with documentary evidence. For example:

bank statement on transferring money to the recipient's card;
a receipt for cash, written by the plaintiff in the presence of a bailiff or notarized;
copies of receipts for payment to the treasury, if the debts on maintenance payments were reimbursed to the recipient by the state.

If the case was initiated by the FSSP, an additional execution fee of 7% of the amount owed is paid. After that, the bailiff within two days (including the day of the debtor's application) issues a decision on the issuance of a driver's license. This information is entered into the database, and a copy of the document is sent to the traffic police.

For more information - ask questions in the comments to the article

Deprivation of a driver's license for non-payment of alimony in 2021

From January 15, 2021, Federal Law No. 340 of November 28, 2015 came into force in our country. “On Amendments to the Federal Law “On Enforcement Proceedings” and Certain Legislative Acts of the Russian Federation”. This is another measure designed to ensure the execution of court decisions on payments for satisfied claims and traffic police fines. According to this Law, persons who do not comply with a court order on the payment of alimony, penalties in connection with a crime, compensation for harm, may be deprived of the right to drive vehicles until the debt is paid.

Making such amendments to the law is quite justified: in Russia, under these articles, a huge number of payments in favor of citizens and the budget are overdue. As practice has shown, the introduction of such restrictive measures at the federal level (for example, limiting the ability to travel abroad) leads to replenishment of the deficit. Such are the features of the mentality of Russian debtors - only the threat of losing some opportunities can stimulate payment.

Can I lose my driver's license for non-payment of child support?

Yes, since the entry into force of Federal Law No. 340-FZ, it is a fact - now you can really lose your driver's license for non-payment of alimony. This procedure is triggered by an appropriate executive document, for example, a relevant court decision. This is a kind of bailiff's license, which begins to act on the basis of this paper.

Attention! If you have any questions, you can chat with a lawyer for free at the bottom of the screen or call Moscow; St.