9.7 License Suspension

Overview

License suspension, which includes driver’s, recreational, or professional/occupational licenses, is an enforcement tool to motivate or persuade a non-custodial parent to pay his or her child support. The purpose of any license suspension is not to punish the non-custodial parent. Rather, it is to encourage those non-custodial parents who do not pay child support on a regular basis to begin providing current support and an amount toward the child support arrears for his or her child. In Wyoming, all licenses may be suspended by District Court order; however, only driver’s licenses may also be suspended administratively.

Policy

Driver’s License – Administrative

Criteria

In order for the Wyoming Child Support Program to administratively suspend a non-custodial parent’s driver’s license, the case worker will ensure that the non-custodial parent:

• Has a Wyoming driver’s license;

• Is in arrears at least $2,500.00;

• Has not paid a full monthly child support payment voluntarily or through wage withholding in the last 90 days; and

• Is not currently receiving Temporary Assistance for Needy Families (TANF).

Notification

The case worker will notify the non-custodial parent by 1^st class mail or personal service, if notification by 1^st was unsuccessful, that the non-custodial parent is in arrears in his or her child support and his or her driver’s license will be suspended 60 days from the receipt of the notification unless the non-custodial parent:

• Pays the entire arrears balance;

• Enters into a payment plan; or

• Is in full compliance with a court-ordered payment plan.

The Notice of Intent to Suspend will also include the non-custodial parent’s right to appeal the suspension to the District Court for any dispute involving:

• The amount of current child support owed or the arrearage;

• The identity of the non-custodial parent named in the notice; or

• The willfulness of any action or non-action of the non-custodial parent that contributed to the non-payment of child support.

Appeal

The non-custodial parent may appeal the driver’s license suspension indicated in the Notice of Intent to Suspend by requesting a hearing before the District Court that issued the child support order. If the appeal is filed within 60 days of receipt of the Notice of Intent to Suspend, the case worker will stay the suspension until the District Court hearing.

Change in Driving Privileges

A person whose driving privileges have been suspended for nonpayment of child support may be granted limited driving privileges by the District Court or the Department of Transportation for a period not to exceed 120 days. A person granted limited driving privileges shall not be granted an extension of such privileges for 12 months after the limited driving privileges expire unless:

• The arrears are paid in full; or

• The non-custodial parent is in full compliance with a payment plan

Reinstatement

Once the non-custodial parent pays the arrears in full, the case manager shall change the Driver License Suspension Status to "Reinstatement Requested" and POSSE will automatically generate a letter at the State CSE Office to notify the Department of Transportation to return the driver’s license to the non-custodial parent. If the non-custodial parent has not paid the arrears in full, but is determined to be in compliance with the payment plan, the case manager shall changed the driver's license suspension status to "Reinstatement Requested" and the State Child Support Office shall notify the Department of Transportation to return the non-custodial parent's driver's license.

Driver’s License - Judicial

Criteria

In order to petition the District Court to suspend a non-custodial parent’s driver’s license, the case worker will ensure the non-custodial parent:

• Has a Wyoming driver’s license;

• Is in arrears in a child support obligation;and

  • May be served with process in Wyoming.

Suspension

A District Court Judge may suspend a driver’s license when the non-custodial parent is in court for an Order to Show Cause as described in 9.4 Contempt.

The case worker will forward the certified copy of the order suspending the driver’s license to the Department of Transportation.

Reinstatement

In order to reinstate a driver’s license, the non-custodial parent has two options.

1) The non-custodial parent may request reinstatement through the District CSE Office. In this case, the case worker will review the case to determine if the non-custodial parent paid his or her arrears in full. If the arrears have been paid in full, the case worker will file a motion and order with the court requesting reinstatement of the driver’s license based upon payment in full. If the arrears have not been paid in full, the case worker will discuss the circumstances of the case with the District CSE Office Attorney to determine compliance with the court-ordered payment plan.

2) The non-custodial parent may petition the court him or herself to reinstate the driver’s license. The District Court Judge will hold a hearing to determine if a reinstatement of the license is warranted.

If the District Court Judge signs an order reinstating the driver’s license, the case worker will forward a certified copy of the order to the State CSE Office.

The case worker will forward the certified copy of the order reinstating the driver’s license to the Department of Transportation.

Recreational License - Judicial Only

Criteria

In order to withhold or suspend a recreational license (hunting, trapping, or fishing), the case worker will:

• Determine whether the non-custodial parent is in arrears in a child support obligation; and

• Determine whether the non-custodial parent may be served with process in Wyoming.

Suspension

The District Court may withhold or suspend a recreational license (hunting, trapping or fishing) when the non-custodial parent is in court for an Order to Show Cause or may withhold or suspend such a license if a petition to suspend is filed. Once the order with the suspension language is filed, the case worker will forward a certified copy to the Wyoming Game and Fish Commission (WFGC) and update POSSE.

Reinstatement

A recreational license may be reinstated in one of two ways:

1) Reinstatement may be made through the District CSE Office, either at the request of the non-custodial parent or by the case worker in reponse to a POSSE generated alert to review the case for possible reinstatement. In either case, the case worker will review the case to determine if the non-custodial parent paid his or her arrears in full. If the arrears have been paid in full, the case worker will file a motion with the court requesting reinstatement of the recreational license. The motion shall be accompanied by an order. If the arrears have not been paid in full, the case worker will discuss the circumstances of the case with the District Child Support Office Attorney to determine compliance with the court-ordered payment plan; and if the non-custodial parent is in compliance with the plan, a motion to reinstate shall be filed as provided above.

2) The non-custodial parent may petition the court to reinstate the recreational license. The District Court will hold a hearing to determine if a reinstatement of the license is warranted.

If the District Court orders the reinstatement of the recreational license, the case worker will forward a certified copy of the order to the Wyoming Game and Fish Commission (WFGC) and update POSSE.

Professional or Occupational License

Criteria

In order to suspend a professional or occupational license, the case worker will:

• Determine if the non-custodial parent has a professional or occupational license;

• Determine if the non-custodial parent is in arrears in a child support obligation;

• Determine whether the non-custodial parent may be served with process in Wyoming; and

• Discuss the facts of the case with the District CSE Office Attorney.

Suspension

The District Court Judge may suspend a professional or occupational license when the non-custodial parent is in court for an Order to Show Cause as described in 9.4 Contempt, or may suspend the license if a petition to suspend is filed. Once the order with the suspension language is filed, the case worker will forward a certified copy to the State Child Support Office.

The caseworker will forward the certified copy of the order suspending the professional or occupational license to the appropriate licensing agency within Wyoming state government.

Reinstatement

In order to reinstate a professional or occupational license, the non-custodial parent has two options.

1) The non-custodial parent may request reinstatement through the District CSE Office. In this case, the case worker will review the case to determine if the non-custodial parent paid his or her arrears in full. If the arrears have been paid in full, the case worker will file a motion with the court requesting reinstatement of the professional or occupational license based upon payment in full. The motion shall be accompanied by an order. If the arrears have not been paid in full, the case worker will discuss the circumstances of the case with the District Child Support Office Attorney to determine compliance with the court-ordered payment plan. If it is determined that the non-custodial parent is in compliance with the plan, a motion to reinstate shall be filed as set forth above.

2) The non-custodial parent may petition the court him or herself to reinstate the professional or occupational license. The District Court will hold a hearing to determine if a reinstatement of the license is warranted.

If the District Court Judge signs an order reinstating the professional or occupational license, the case worker will forward a certified copy of the order to the State CSP Office.

The case worker will forward the certified copy of the order reinstating the professional or occupational license to the appropriate licensing agency within Wyoming state government.

Party Represented by an Attorney

If an attorney represents a non-custodial parent in any of the above-described license suspension actions, the District CSE Office will follow certain guidelines regarding release of information and communication with the party or attorney. See 3.6 Confidentiality and Safeguarding Information – Release of Information and Appendix 9.A – Communication with Persons Represented by Counsel.

Cross Reference

Appendix 9.A – Communication with Persons Represented by Counsel