Welcome! | Ask A Question

 
 
 
 
Question

Asked 5/13/2008

Does anyone have case law that supports a challenge to the suspension of driver's license in Minnesota child support matters?

I am an obligor in a Minnesota child support matter in which the State (Human Services - Child Support Collection office) wants to suspend my driver's license due to my recent inability to pay child support for the past six months due to my being unemployed. I have requested a hearing (June 18, 2008) and intend on representing myself (I have 15 years experience as a legal assistant) and need any and all case law that supports my contestation of the pending order suspending my driver's license. I intend on showing proof of my vigorous search for gainful employment and even want to either submit affidavits from MN Workforce counselors, the obligee, those people who have been paying all of my bills for the last six months, etc. However, I feel if I had access to Minnesota case law that I could cite in court submissions, I would have a much better chance of challenging the State's intention to suspend my driver's license. Any suspension of my license will only serve to further impede my attempts at finding gainful employment.

 
 
 
 
 
Answers

Answer 1/2 - Submitted 11/21/2010

In MN it doesn't matter if you need to drive to work. You can apply for a limited license that would allow you to drive for 90 days to get caught up in your arrearages...But you can only get that one time in your life. Usually if you just make any amount of payment they will reinstate your DL. But that only works for so long and then they will suspend for non-compliance with your payment agreement. The best thing to do is to get the limited license and try to pay it off in full.

 
 

Answer 2/2 - Submitted 11/21/2010

This question is over 3 years old, and this individual needs are long since moot. Howevre I am posting the Mn statute that deals with this issue for the benift of others that are currently in the same pickle , in Mn.
518A.65 DRIVER'S LICENSE SUSPENSION.
(a) Upon motion of an obligee, which has been properly served on the obligor and upon which there has been an opportunity for hearing, if a court finds that the obligor has been or may be issued a driver's license by the commissioner of public safety and the obligor is in arrears in court-ordered child support or maintenance payments, or both, in an amount equal to or greater than three times the obligor's total monthly support and maintenance payments and is not in compliance with a written payment agreement pursuant to section 518A.69 that is approved by the court, a child support magistrate, or the public authority, the court shall order the commissioner of public safety to suspend the obligor's driver's license. The court's order must be stayed for 90 days in order to allow the obligor to execute a written payment agreement pursuant to section 518A.69. The payment agreement must be approved by either the court or the public authority responsible for child support enforcement. If the obligor has not executed or is not in compliance with a written payment agreement pursuant to section 518A.69 after the 90 days expires, the court's order becomes effective and the commissioner of public safety shall suspend the obligor's driver's license. The remedy under this section is in addition to any other enforcement remedy available to the court. An obligee may not bring a motion under this paragraph within 12 months of a denial of a previous motion under this paragraph.

(b) If a public authority responsible for child support enforcement determines that the obligor has been or may be issued a driver's license by the commissioner of public safety and the obligor is in arrears in court-ordered child support or maintenance payments or both in an amount equal to or greater than three times the obligor's total monthly support and maintenance payments and not in compliance with a written payment agreement pursuant to section 518A.69 that is approved by the court, a child support magistrate, or the public authority, the public authority shall direct the commissioner of public safety to suspend the obligor's driver's license. The remedy under this section is in addition to any other enforcement remedy available to the public authority.

(c) At least 90 days prior to notifying the commissioner of public safety according to paragraph (b), the public authority must mail a written notice to the obligor at the obligor's last known address, that it intends to seek suspension of the obligor's driver's license and that the obligor must request a hearing within 30 days in order to contest the suspension. If the obligor makes a written request for a hearing within 30 days of the date of the notice, a court hearing must be held. Notwithstanding any law to the contrary, the obligor must be served with 14 days' notice in writing specifying the time and place of the hearing and the allegations against the obligor. The notice must include information that apprises the obligor of the requirement to develop a written payment agreement that is approved by a court, a child support magistrate, or the public authority responsible for child support enforcement regarding child support, maintenance, and any arrearages in order to avoid license suspension. The notice may be served personally or by mail. If the public authority does not receive a request for a hearing within 30 days of the date of the notice, and the obligor does not execute a written payment agreement pursuant to section 518A.69 that is approved by the public authority within 90 days of the date of the notice, the public authority shall direct the commissioner of public safety to suspend the obligor's driver's license under paragraph (b).

(d) At a hearing requested by the obligor under paragraph (c), and on finding that the obligor is in arrears in court-ordered child support or maintenance payments or both in an amount equal to or greater than three times the obligor's total monthly support and maintenance payments, the district court or child support magistrate shall order the commissioner of public safety to suspend the obligor's driver's license or operating privileges unless the court or child support magistrate determines that the obligor has executed and is in compliance with a written payment agreement pursuant to section 518A.69 that is approved by the court, a child support magistrate, or the public authority.

(e) An obligor whose driver's license or operating privileges are suspended may:

(1) provide proof to the public authority responsible for child support enforcement that the obligor is in compliance with all written payment agreements pursuant to section 518A.69;

(2) bring a motion for reinstatement of the driver's license. At the hearing, if the court or child support magistrate orders reinstatement of the driver's license, the court or child support magistrate must establish a written payment agreement pursuant to section 518A.69; or

(3) seek a limited license under section 171.30. A limited license issued to an obligor under section 171.30 expires 90 days after the date it is issued.

Within 15 days of the receipt of that proof or a court order, the public authority shall inform the commissioner of public safety that the obligor's driver's license or operating privileges should no longer be suspended.

(f) On January 15, 1997, and every two years after that, the commissioner of human services shall submit a report to the legislature that identifies the following information relevant to the implementation of this section:

(1) the number of child support obligors notified of an intent to suspend a driver's license;

(2) the amount collected in payments from the child support obligors notified of an intent to suspend a driver's license;

(3) the number of cases paid in full and payment agreements executed in response to notification of an intent to suspend a driver's license;

(4) the number of cases in which there has been notification and no payments or payment agreements;

(5) the number of driver's licenses suspended;

(6) the cost of implementation and operation of the requirements of this section; and

(7) the number of limited licenses issued and number of cases in which payment agreements are executed and cases are paid in full following issuance of a limited license.

(g) In addition to the criteria established under this section for the suspension of an obligor's driver's license, a court, a child support magistrate, or the public authority may direct the commissioner of public safety to suspend the license of a party who has failed, after receiving notice, to comply with a subpoena relating to a paternity or child support proceeding. Notice to an obligor of intent to suspend must be served by first class mail at the obligor's last known address. The notice must inform the obligor of the right to request a hearing. If the obligor makes a written request within ten days of the date of the hearing, a hearing must be held. At the hearing, the only issues to be considered are mistake of fact and whether the obligor received the subpoena.

(h) The license of an obligor who fails to remain in compliance with an approved written payment agreement may be suspended. Prior to suspending a license for noncompliance with an approved written payment agreement, the public authority must mail to the obligor's last known address a written notice that (1) the public authority intends to seek suspension of the obligor's driver's license under this paragraph, and (2) the obligor must request a hearing, within 30 days of the date of the notice, to contest the suspension. If, within 30 days of the date of the notice, the public authority does not receive a written request for a hearing and the obligor does not comply with an approved written payment agreement, the public authority must direct the Department of Public Safety to suspend the obligor's license under paragraph (b). If the obligor makes a written request for a hearing within 30 days of the date of the notice, a court hearing must be held. Notwithstanding any law to the contrary, the obligor must be served with 14 days' notice in writing specifying the time and place of the hearing and the allegations against the obligor. The notice may be served personally or by mail at the obligor's last known address. If the obligor appears at the hearing and the court determines that the obligor has failed to comply with an approved written payment agreement, the court or public authority shall notify the Department of Public Safety to suspend the obligor's license under paragraph (b). If the obligor fails to appear at the hearing, the court or public authority must notify the Department of Public Safety to suspend the obligor's license under paragraph (b).

 
 
 
 
Answer This Question Now

Type your Answer in the box below and post your answer.

Learn more about how this works

 
 
 

Related Questions (Ask a New Question)

 
Lawyers

Do i need a lawyer to settle child support

See Answers

 
Dead legal guardians

Who gets custody of a 16 year old child after her biological mom and step dad die, but the biological father has never been there, never paid child support or even seen the child after the age of 1? and is it possible for another family member to get legal custody of the child against the biological...

See Answers

 
Moved to sc from florida. question about child support & custody.

In oct i transferred to south carolina from florida. i have had primary custody of my 2 children since my divorce in 2000. my ex-husband was ordered to pay child support and the children have remained in my care every since. when i transferred, my daughter, now age 16 was hesitant to move because...

See Answers

 
Related Questions

Lawyers


Do i need a lawyer to settle child support

 

Dead legal guardians


Who gets custody of a 16 year old child after her biological mom and step dad die, but the...

 

Moved to sc from florida. question about child support & custody.


In oct i transferred to south carolina from florida. i have had primary custody of my 2 children...

 

Child support for my daughter in south carolina


This goes back a couple of years. they say i am like over $3,000 behind. i have sent to...

 

How can i move out of state with my daughter if we have joint custody?


Me & my daughters father been seperated since she was 6 months, he pays child support, but...

 

Claiming eic


We have had custody of our 5 neices and nephews for 6 months now. but their parents are threatening...

 
 

See more Child Support questions

 
 
 
 
 

Ask A Question

Ask a new question about
Child Support: