Federal Welfare Reform Legislation requires states to have laws that suspend the licenses of non-custodial parents (NCP's) who do not pay their child support. DCSS has the authority, together with the licensing agencies, to suspend any type of license, including: Drivers, Business, professional and occupational, as well as hunting and fishing.
There are two groups who are subject to license suspension:
- NCP's who owe $1,000 or more in past due child support and who have not made a complete payment as ordered by Family Court in the past 30 days.
- NCP's who have an outstanding Capias or bench warrant issued by Family Court for failure to appear at any paternity or child support proceeding in a DCSS case.
DCSS sends notices to NCP's who meet the criteria for license suspension, informing them that they are not in compliance with their court orders and are subject to license suspension. Anyone receiving a notice will have the opportunity to take action to avoid having their license suspended.
Within 20 days of receiving a notice of suspension, the NCP may:
- Pay arrears in full;
- Enter into a Payment Agreement which requires a payment equal to two (2) months child support obligation for all cases noticed within the Notice of Intent; or
- Request, in writing, an Administrative Hearing.
For outstanding warrants, the NCP must surrender to Family Court to resolve the Capias. NCP's who fail to take an action appropriate to their case will have their licenses suspended.