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This question came from one of our users:
How can someone get their suspended license reinstated while behind $18,000 in child support?
If you owe more than three months of delinquent child support, Iowa Child Support Services (CSS) may notify the licensing agency to stop the issuance or renewal of your driver’s license. CSS may also do this if you fail to comply with a subpoena or warrant in a child support case.
They can also ask licensing agencies to sanction your professional or business license, recreational licenses (like hunting or fishing), or vehicle registration. This is allowed under Iowa Administrative Code (IAC) 441—98.32(252J) titled “Referral for license sanction.”
How Does CSS Handle a License Sanction?
First, CSS will send you a Notice of Potential License Sanction. You will have 20 days from the date the notice is sent to take one of the following actions:
- Pay the delinquent support.
- Give the CSS employer information for income withholding.
- Request in writing a conference with CSS
- Enter into a written payment agreement with CSS.
- Give CSS proof of how you fit into an exemption listed in IAC 441—98.33
What Are the Exemptions?
- Some conditions are considered valid reasons for exemption from the license sanction process under IAC 441—98.33. These are:
- Receipt of social security, supplemental security income (SSI), FIP, general relief, and other county assistance programs.
- Temporary illness or disability.
- Incarceration
- Participation in a job-training or job-seeking program through the Department of Employment Services, because of receiving benefits from the Supplemental Nutrition Assistance Program
- Participation in a chemical dependency treatment program
- Involvement in a contempt action dealing with support issues
What Happens If You Don’t Respond or Pay?
If you don’t respond to the Notice or pay, CSS may send a Certificate of Noncompliance to a licensing agency, such as the Iowa Department of Transportation. The notice tells the agency to revoke or suspend the license.
How Do You Challenge This?
If you believe a Certificate of Noncompliance was issued in error, you can file a petition in district court within 30 days after the licensing authority issues the notice of intent to suspend or revoke the license. This will suspend or revoke the order until the case is concluded.
You can send a written request for a license sanction conference. Before the conference, CSS will request financial information to determine whether your ability to pay differs from the current support order, using the mandatory Supreme Court guidelines. CSS may schedule an additional conference to allow you to present additional information.
If you fail to provide the required information, CSS will issue a certificate of noncompliance to the licensing agency.
A License Sanction Payment Agreement remains in effect for at least one year from the date of issuance unless CSS determines you have a valid reason for exemption.
You may ask for a court hearing after the conference.
This article is for informational purposes only and does not constitute legal advice. If you believe that you have unfairly had your licenses suspended or revoked due to non-payment of child support, you can call us for a consultation.
Schedule a consultation today!
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