If you are responsible for child support payments that are overdue, the Georgia Department of Driver Services (DDS) can suspend your driver’s license. Having your driver’s license suspended can be a great inconvenience to everyday life. It may make traveling to work, visiting your children, and making other appointments more difficult. However, there are release options available.
First, the non-custodial parent will be mailed a notice of delinquency, and receipt is presumed if the mailing is not returned to the Department within 30 days from the date of mailing. The obligor then has 20 days from the date of mailing to come into compliance with the order or to reach an agreement with the Department to pay the delinquency. Thus, it is important for the non-custodial parent to contact the Georgia Division of Child Support Services (DCSS) as soon as possible to explain his or her circumstances. The parent will be encouraged to sign an Enforcement Deferral which will help avoid license suspension if he or she pays as agreed.
If a parent cannot pay the back child support right away, there are still options available. The Georgia Fatherhood Program was created by the DCSS to assist non-custodial parents who owe child support through DCSS but are unable to pay. It is an employment-based service that focuses on providing services that can help the noncustodial parent achieve self-sufficiency and increase emotional, parental, and financial involvement in the lives of his or her children. The program can even assist with driver’s license reinstatement. When DCSS becomes aware of the parent’s need for services, the agent may make a referral to the program or the parent can voluntarily ask to be a part of the program. The key in this is that it is voluntary. The program will generally take three to six months to complete. If a parent fails to complete the program – does not make child support payments or fails to contact the Fatherhood Agent, as required – all enforcement activities will resume as allowed by Georgia law.
A parent who does not qualify for the Fatherhood Program may also contact DCSS to make payment arrangements to have his or her license suspension released. These 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 times the current support and past due payments on all active cases that meet the criteria for suspension; or
- Verification of non-custodial parent’s newly employed status and a signed Enforcement Deferral for future payments
These options are available to any non-custodial parent who notifies DCSS about significant change in his or her employment and income. The parent must provide verification of a new job, the loss of a job or any change in income.
If you are past due on child support or you are owed back child support, please contact the attorneys at Vayman & Teitelbaum. Our team can help you navigate through this complex process. We will work diligently to advocate for your rights.