How to Get a License to Drive for Work After Suspension for Unpaid Child Support

[Toshiba Lassiter]

My question involves a driver's license issued by the State of: Georgia
My license were suspended thru child support services. I work and have had my job for 2 years from which child support deducts their money from my check weekly. And they collect my tax refunds. All i need is a license to drive myself to & from work so that i can continue to pay the child support and not lose my job. Please help me

[Mr. Knowitall]

The suspension flows from OCGA Sec. 19-6-28.1, and nothing in the statute suggests that you can get your license back without paying the money you owe.

(a) As used in this Code section, the term:

(1) "License" means a certificate, permit, registration, or any other authorization issued by the Department of Public Safety or any other licensing entity that allows a person to operate a motor vehicle, to engage in a profession, business, or occupation, or to hunt or fish.

(2) "Licensing entity" means any state agency, department, or board of this state which issues or renews any license, certificate, permit, or registration to authorize a person to drive a motor vehicle, to hunt or fish, or to engage in a profession, business, or occupation including those under Article 3 of Chapter 7 of Title 2, the "Georgia Pesticide Use and Application Act of 1976"; Article 13 of Chapter 1 of Title 7, relating to mortgage lenders and mortgage brokers; Chapter 5 of Title 10, the "Georgia Uniform Securities Act of 2008," relating to securities salespersons and investment adviser representatives; Part 2 of Article 1 of Chapter 6 of Title 12, relating to foresters; Chapter 4 of Title 26, relating to pharmacists; Chapter 23 of Title 33, relating to insurance agents, counselors, and other personnel; Chapter 1 of Title 43, relating to professions and businesses; Chapter 39A of Title 43, relating to real estate appraisers; or Chapter 40 of Title 43, relating to real estate brokers and salespersons.

(b) In any proceeding for enforcement of a judgment or order to pay child support, if the court is satisfied by competent proof that the respondent has accumulated support arrears equivalent to or greater than the current support due for 60 days and that the respondent is licensed to conduct a trade, business, profession, or occupation, licensed to hunt or fish, licensed to drive a motor vehicle, owns a motor vehicle which is registered in this state in his or her name, or is applying for the renewal or issuance of any such license or registration, the court may order the appropriate licensing or registering entity to suspend the license or registration or deny the application for such license and to inform the court of the actions it has taken pursuant to such proceedings. Evidence relating to the ability and willingness of the respondent to comply with an order of child support shall be considered by the court prior to the entry of any order under this Code section.

(c) The court shall inform the respondent that competent proof for purposes of proving to a licensing or registering entity that the respondent is in compliance with the order for child support shall be written proof of payment by cash or a certified check, notice issued by the court, or notice from a child support receiver, if such receiver has been appointed.

Did you take advantage of the opportunity to argue to the court that, despite a good faith effort, you were unable to comply with the support order and that the arrears grew due to events outside of your reasonable control, or anything to that effect?

I suggest consulting a local lawyer with the details of your situation.

[Brian Simoneau]

The Georgia Department of Driver Services has a good FAQ on Child Support Suspensions which provides instructions on how to clear these suspensions and it expressly states that you cannot get a Limited Driving Permit on a suspension for Non-Compliance with a Child Support Order.