Driver License Suspension

DCSS-POL-06-14.1 v.2

 

1. POLICY STATEMENT

1. The purpose of this policy is to provide staff and members of the public a working knowledge of when the Division of Child Support Services (DCSS) may refer a noncustodial parent (NCP) to the court for the suspension or denial of a drivers license.
2.  
3. The DCSS may pursue the suspension of a drivers license when an NCP willfully fails to pay a court ordered support obligation. 

2. APPLICABILITY

1. This policy applies to all Arizona IV-D program staff performing title IV-D services.

3. AUTHORITY

Federal Authority
42 U.S.C. § 666(a)(16)	Requirement of Statutorily Prescribed Procedures to Improve Effectiveness of Child Support Enforcement

 

State Authority
A.R.S. § 25-517	License suspension; notice; administrative review or hearing
A.R.S. § 25-518	Child support arrearages, license suspension; hearing

4. DEFINITIONS

1. Arrearage/Arrears

1. The total unpaid support owed, including child support, past support, spousal maintenance and interest.

1. Custodial Parent

1. Natural or adoptive mother or father of a child who has custody of that child. Also, a legal guardian with whom the child is presently living or with whom the court has ordered a child to live (such as grantee/relative, caretaker).

1. Enforcement

1. The application of remedies to obtain payment of a child or medical support obligation contained in a child or spousal support order. The processes that can be used to collect payments from the noncustodial parent or to require compliance with some other provision of the order.

1. Noncustodial Parent

1. The parent who does not have primary care, custody, or control of the child, and who may have an obligation to pay child support. Also referred to as the obligor.

1. Support

1. The provision of maintenance or subsistence and includes medical insurance coverage, or cash medical support, and uncovered medical costs for the child, arrearages, interest on arrearages, past support, interest on past support and reimbursement for expended public assistance. In a title IV-D case, support includes spousal maintenance that is included in the same order that directs child support.

1. Suspension

1. "Suspension" means that the driver license and driver's privilege to drive a motor vehicle on the public highways of this state are temporarily withdrawn during the period of the suspension, pursuant to IM-96-04(V)

1. Willful

1. "Willful" is defined as the knowing and intentional violation of a legal duty, pursuant to A.R.S. §28-3001

5. CRITERIA

1. The requirements for a driver license suspension are met when all of the following apply:

1. The case must be at least six months in arrears on ordered child support payments, periodic payments on support arrears or any other payments included in court ordered support.
2. The Division of Child Support Services (DCSS) has determined the noncustodial parent (NCP) has willfully failed to pay the ordered support.
3. The (DCSS) must provide a notice stating that the NCP has met the above criteria and may be referred to court for a hearing to suspend a drivers license.

The court will either suspend, deny or restrict a drivers license. A drivers license restriction is subject to individual eligibility determined by the court.

 

If all criteria are not met, the case is not eligible for driver license suspension/restriction.

6. PROCEDURE

1. This policy is supported by standardized work that identifies how action related to this policy will be conducted, including responsibilities, time frames, and required actions. Note: The standardized work document is in process. When it is finalized, we will link it in this policy.

Return to beginning of the Driver License Suspension Policy

Policy Review Date: 11/22/2023

Policy Revision Date: 11/22/2023

Next Review Date: 11/22/2025

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