Denial or suspension of the license becomes effective upon final written notice to the licensee/obligor from the Division of Motor Vehicles unless, within 20 days of the date the notice of proposed denial or suspension is mailed by Division of Child Support Enforcement, the licensee-obligor does one of the following: makes a written request for an administrative hearing before the Division of Child Support Enforcement pays the arrearages in full surrenders to the Family Court on any outstanding bench warrant and pays any arrearages in full or consents to a payment plan acceptable to the Division of Child Support Enforcement, and then fully complies with such payment plan. Once the written notice is sent to the licensee/obligor, he or she basically has four options to prevent suspension. Upon the occurrence of these three conditions, the Delaware Division of Child Support Enforcement then must give the licensee/obligor written notice of the proposed denial or suspension of a license, together with the amount of arrearages and the date of the last payment pursuant to the child support order. 13, § 2216) provides that if the licensee is 1) under an order of the Family Court to pay child support in a case enforced by the Division of Child Support Enforcement 2) is $1,000.00 or more in arrears on child support payments and 3) is 30 or more days delinquent in payment of the support order, his or her license may be suspended. In this article I will describe the process of suspension of a Delaware citizen’s driver’s license when circumstances exist related to the nonpayment of child support.ĭelaware law ( Del. Not only does Delaware suspend driver’s licenses for child support arrearages, it suspends business, professional, occupational, and recreational licenses as well. All 50 states have statutory or administrative provisions that suspend, revoke, or restrict licenses for failure to pay child support. It is also not without controversy as some consider it a harsh enforcement practice with questionable effectiveness. After all, state governments using driver’s license suspension to enforce debt payment is not unique in the United States. When this question is asked, I often wonder if people are more surprised by the fact that this is even a valid question or that its answer is yes.
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