For many people driving is a necessity. It is the way you get to and from work, it could even be a required part of your work. For many people it would be hard to imagine their day to day existence without having the ability to drive. If you owe back child support that could easily be a reality.
Child Support Court and Your Driver’s License
You driver’s license can be impacted by child support in one of two ways. First, if you are found in contempt by a Court in Indiana for not paying child support, the Court has the authority to suspend your driving privileges, I.C. 31-16-12-7:
If a court finds that a person is delinquent (as defined in IC 31-25-4-2) as a result of an intentional violation of an order for support, the court shall issue an order to the bureau of motor vehicles:
(1) stating that the person is delinquent; and
(2) ordering the following:
(A) If the person who is the subject of the order holds a driving license or permit on the date of issuance of the order, that the driving privileges of the person be suspended until further order of the court.
(B) If the person who is the subject of the order does not hold a driving license or permit on the date of issuance of the order, that the bureau may not issue a driving license or permit to the person until the bureau receives a further order of the court.
Essentially, the statute requires the Court to suspend your driver’s license if you are found to have violated the Court’s Order for you to pay child support. The language is clear in that the court shall suspend the driver’s license, but as a practical matter, I have seen courts issue rulings on this with every contempt finding and other courts rule that this would impact the person’s ability to find work or to get to work.
Often times when a Court does suspend a person’s driving privileges as the result of being in Contempt for failing to pail child support, the Court will issue a hardship license. This at the very least will allow you to drive to and from work and during work. If you are facing the possibility of appearing before the court on a Rule to Show Cause, be aware that having your driver’s license suspended for unpaid child support is a strong possibility.
Child Support Title IV-D Agencies and Your Driver’s License
The second way that being delinquent in child support can lead to your license being suspended is by way of an administrative driver’s license suspension. The Title IV-D agencies throughout the State of Indiana have the authority to suspend a person’s driver’s license for being behind in child support. Indiana Code 31-25-4-32 provides that:
When the Title IV-D agency finds that an obligor is delinquent, the Title IV-D agency shall send, to a verified address, a notice to the obligor that does the following:
(1) Specifies that the obligor is delinquent.
(2) Describes the amount of child support that the obligor is in arrears.
(3) States that unless the obligor:
(A) pays the obligor’s child support arrearage in full;
(B) establishes a payment plan with the Title IV-D agency to pay the arrearage, which includes an income withholding order; or
(C) requests a hearing under section 33 of this chapter;
within twenty (20) days after the date the notice is mailed, the Title IV-D agency shall issue an order to the bureau of motor vehicles stating that the obligor is delinquent and that the obligor’s driving privileges shall be suspended.
In this type of situation the only defense you have to this suspension is a mistake of fact regarding the arrearage and the delinquency. For instance, if you have been making direct payments or non-conforming payments of support that might have been allowed under your divorce decree (or in some cases under Indiana law) the child support arrearage number that the Title IV-D agency would possess would be incorrect. For most cases, this defense is not viable so you have to consider two other options.
Child Support Arrearage Payment Plans and Your Driver’s License
Part of the requirement set forth above in Indiana Code 31-25-4-32 allows the child support obligor to establish a payment plan to pay off the arrearage. This payment plan must include an income withholding order. If the payment plan is agreeable, then the agency will refrain from suspending the license.
Of course, you can always payoff the child support arrearage which, would then eliminate the ability of the state to suspend your driver’s license for past due child support. In some cases, this may be an option and in other situations the payment plan may be more realistic.
The Hardship License
If your license is being suspended by the child support agency and you request a hearing to contest the suspension, you can request that a hardship license be issued. Indiana Code 31-25-4-33, you may be able to obtain a hardship license if you can show the following:
(d) At the hearing described in subsection (c), if the obligor whose driving license or permit is suspended under this chapter proves to the satisfaction of the Title IV-D agency that public transportation is unavailable for travel by the obligor:
(1) to and from the obligor’s regular place of employment;
(2) in the course of the obligor’s regular employment;
(3) to and from the obligor’s place of worship; or
(4) to participate in parenting time with the obligor’s children consistent with a court order granting parenting time;
the Title IV-D agency may order the bureau of motor vehicles to issue the obligor a restricted driving permit.
if you are experiencing problems with child support, contact me to schedule your free consultation.
The Law Office of Jeffery M. Haupt is located in South Bend, Indiana and helps people handle family law issues such as divorce, parenting time, child support, paternity, and child custody. The information in this blog should only be used for educational purposes and not be construed as legal advice. Nothing in this blog creates an attorney-client relationship between me and any readers of this blog. No attorney-client relationship is created until you have a document from me saying so. DO NOT POST ABOUT CASE PARTICULARS IN THE COMMENT SECTION.
