Child Support License Suspension

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Child Support License Suspension

Child support is an important responsibility that can impact a child's wellbeing and future. Unfortunately, not all parents fulfill their obligation to provide financial support. In Georgia, the state is taking steps to ensure that child support payments are made by implementing license suspensions as a penalty for nonpayment. This means that individuals who fail to make their payments on time may face suspension of their driver's license, occupational license, and even hunting and fishing licenses. These measures may seem strict, but the state believes they are necessary to ensure that children receive the support they deserve. Here, we will explore the details of child support license suspensions as it relates to drivers' licenses in Georgia and how they may impact those who owe child support.

Georgia Will Suspend Your License for Failure to Pay Child Support

The law in Georgia allows for the suspension of an individual's driver's license if they fail to comply with child support payments. This legislation exists as a means to address the societal issue of parents neglecting their financial obligations towards their children. The primary purpose of this law is to ensure that children receive the necessary resources for their well-being and to discourage non-custodial parents from evading their responsibilities. When a court order states that a person is not in compliance with a child support mandate, it serves as sufficient grounds for the suspension of their driver's license. By imposing such a penalty, the government aims to encourage delinquent parents to prioritize their child support commitments, thereby promoting the welfare of their children and upholding the values of responsible parenthood within society.

Notice of Child Support License Suspension

The Department of Human Services (DHS) is responsible for enforcing child support orders in Georgia, unless otherwise privately enforced by contempt filed by the party who receives the child support. If an individual fails to comply with their court-ordered child support, the DHS can obtain a judge's order stating that the person is not in compliance - also, any other party, such as an ex-spouse, can secure a similar court order. Once this order is obtained, it is forwarded to the Department of Driver Services (DDS), which then proceeds to suspend the individual's driver's license - after notice and due process.

To ensure due process, the DDS is required to send out a notice of suspension via certified mail or certificate of mailing to the address on the individual's record. It is crucial for individuals to keep their mailing address updated with the DDS, as this mailed notice serves as the sole notification they will receive regarding the suspension. After receiving the notice, the individual's driver's license will be suspended in 30 days if not appealed, emphasizing the importance of staying informed about one's obligations and maintaining open channels of communication with the relevant authorities.

Right to Appeal a Child Support License Suspension

In Georgia, individuals have the right to appeal the notice from the Department of Human Services (DHS) and/or Department of Driver Services (DDS) regarding the suspension of their driver's license due to non-compliance with a child support order. Upon receiving the notice, you have the right to request a hearing to contest the suspension. It is essential to act promptly, as you must submit your request for a hearing within 20 days of receiving the notice. Failing to do so will result in the suspension of your license after 30 days.

If you choose to exercise your right to a hearing, your driver's license will remain valid pending the outcome of the hearing. This allows for due process and ensures that your side of the story is heard before any final decision is made. However, it is important to note that if you lose the hearing, your license will be suspended as per the original notice. By understanding your rights and the available legal avenues, you can navigate the process more effectively and strive to maintain your driving privileges while addressing your child support obligations.

Length of Child Support License Suspension

A driver's license suspension due to failure to pay child support in Georgia is imposed for an indefinite period, emphasizing the gravity of this legal obligation. To reinstate the suspended license, the individual must provide proof of compliance with the child support order. This means obtaining an order from the court stating that the person is not more than 60 calendar days in arrears in making payments in full for current support, periodic payments on a support arrearage, or periodic payments on a reimbursement for public assistance.

This indefinite suspension period serves as a strong incentive for individuals to fulfill their child support obligations in a timely manner. It underscores the importance of responsible parenthood and ensures that children receive the financial support they need for their well-being. By requiring a court order confirming compliance, the state of Georgia seeks to maintain a high level of accountability and promote a culture where parents prioritize the welfare of their children over personal convenience.

How to Get Your License Back

To reinstate your Georgia driver's license after suspension due to non-payment of child support, you must first demonstrate compliance with the court's order regarding child support payments. As mentioned earlier, this requires obtaining a court order stating that you are not more than 60 calendar days in arrears for current support, periodic payments on a support arrearage, or periodic payments on a reimbursement for public assistance.

Once you have acquired the necessary proof of compliance, submit it to the Department of Driver Services (DDS). Upon receiving and reviewing the documentation, the DDS will allow you to proceed with reinstating your license. To do so, you will need to pay a restoration fee of $35 if submitting the payment in person, or $25 if paying by mail. Once the fee is paid and all necessary requirements are met, your driver's license will be reinstated, allowing you to resume driving legally within the state of Georgia. It is crucial to maintain adherence to your child support obligations to avoid future suspensions and ensure the well-being of your children.

How We Can Help

At Your Law Firm, we understand that a child support license suspension can seem overwhelming and stressful. Our team is here to support you every step of the way. We offer comprehensive legal services that can help you develop a plan to pay back your child support debt and ultimately get your license reinstated. If you were behind due to the loss of a job and you need your child support payments to be adjusted, we can also work with you in any child support modification case that would arise, after the license issue is dealt with - so you can rest assured that this is not likely to happen again.

We believe that communication is key, which is why we work closely with you to understand your unique situation and create a customized plan for you. Our ultimate goal is to help you achieve compliance with the court's child support order and get your life back on track. And, if you need your child support reduced, to work with you to petition the court to do so, in a separate case. Let us partner with you to make this process as easy and stress-free as possible.