If you are overdue on your child support payments, not only will you be liable for the amount due, but under Georgia law, your driver’s license may also be suspended. The Georgia Department of Driver Services (DDS) has the technological capability to link with the Georgia State Department of Human Services (DHS). As a result, the DDS can suspend the driver’s licenses of any negligent parents.
Georgia Driver’s License Suspension Criteria and Process
The statute states that “[i]n any proceeding for enforcement of a judgment or order to pay child support, if the court is satisfied by competent proof that the respondent has accumulated support arrears equivalent to or greater than the current support due for 60 days and that the respondent is licensed to conduct a trade, business, profession, or occupation, licensed to hunt or fish, licensed to drive a motor vehicle, owns a motor vehicle which is registered in this state in his or her name, or is applying for the renewal or issuance of any such license or registration, the court may order the appropriate licensing or registering entity to suspend the license or registration or deny the application for such license and to inform the court of the actions it has taken pursuant to such proceedings.”
Therefore, if a non-custodial parent is past due in child support payments for at least 60 days, then the court may order that his or her driver’s license be suspended. Upon receipt of notification from the DHS, the DDS sends notice to the non-custodial parent alerting him or her of the pending suspension and offering a grace period to come into compliance with the child support obligation before the suspension is put into place. The court will then inform the respondent that he or she must provide competent proof that he or she is in compliance with the order for child support.
Competent proof shall be written proof of payment by cash or a certified check, notice issued by the court, or notice from a child support receiver, is a receiver has been appointed. Therefore, the respondent’s driver’s license will not be suspended if paid prior to the suspension effective date, which is identified in the suspension notice. But, if a suspension is put in place, it will remain in effect indefinitely until the non-custodial parent comes into compliance with his or her child support obligations.
The DDS must receive a release from the the Georgia Department of Human Services’ Division of Child Support Services in order for reinstatement. A respondent must make payment of the reinstatement fee by mail or in person. If the respondent has multiple suspension for non-compliance of child support, he or she must pay a reinstatement fee for each suspension.
If your license has been suspended due to child support or you are due child support, please contact the attorneys at Vayman & Teitelbaum. Our team understands the stressful and emotional strain that this situation can bring about. We will work with you to ensure an end to this ordeal that meets your needs and your children’s.