When Child Support Falls Behind, Your License Could Be at Risk
In Oklahoma, failing to keep up with court-ordered child support payments can lead to serious consequences, including the suspension or revocation of your driver’s license or other professional licenses. This enforcement method is used by the Department of Human Services (DHS) to encourage compliance with child support orders and ensure that children receive the financial support they need.
The process begins when the DHS identifies an obligor—someone required to pay child support—who is not meeting their obligations. Before any license action is taken, the obligor will receive a formal notice explaining the intent to suspend or revoke licenses or place the individual on probation if the support remains unpaid. This notice also outlines what the obligor can do to avoid losing their licenses, such as paying past-due support or entering into an approved payment plan. The notice must be served according to specific legal procedures, either through personal service or by mail if an address is on file with the state’s central registry. Okla. Stat. tit. 43 §§ 118.1, 139.1.
Understanding the Legal Process and Your Rights
Once notified, an obligor has 20 days to respond by either paying the past-due amount, setting up a payment plan approved by the Department, or addressing other compliance issues like maintaining required health insurance or cooperating with paternity proceedings. If a hearing is requested within this time frame, the Office of Administrative Hearings (OAH) will review the case to decide whether license suspension, revocation, or probation is appropriate.
The OAH considers several factors during the hearing, including whether the obligor has made efforts to comply with child support orders. For example, if the obligor is following an approved payment plan and current support payments, the OAH may instead place the obligor on probation rather than suspending the license. However, if the obligor is clearly noncompliant without any payment plan, the OAH will order license suspension or revocation. Okla. Stat. tit. 56 §§ 240.14–240.16.
These enforcement actions can extend beyond driving privileges. For licensed professionals, including attorneys, the Department may notify the relevant licensing authority, such as the State Bar Association, which could lead to suspension or revocation of professional licenses. Okla. Stat. tit. 56 § 240.14. This highlights how unpaid child support can affect multiple aspects of your life and livelihood.
How Reinstatement of Licenses Works After Suspension
Oklahoma law does provide a path to get your license back once the necessary conditions are met. The obligor can request the district or administrative court to reinstate the license after paying the full child support arrearage or when they are complying with a court-ordered payment plan. Compliance includes paying current support and arrearage payments for at least three months, maintaining required health insurance, cooperating with paternity proceedings, and updating employment and address information.
If the court finds that these conditions have been met, it will order the reinstatement of the license, often accompanied by a probationary period. However, continued failure to comply after reinstatement can result in further enforcement action, including refusal to reinstate again unless additional payments are made. Okla. Stat. tit. 43 § 139.1.
Why Legal Help Matters in Child Support Enforcement Cases
Facing license suspension for unpaid child support can be overwhelming. A knowledgeable attorney can help you navigate the complex administrative and court processes involved. Oklahoma lawyers experienced in family law and child support enforcement can assist in negotiating payment plans, preparing for hearings before the OAH, and seeking reinstatement of your licenses.
For instance, child support collection lawyers can work on your behalf to ensure that the Department of Human Services treats your case fairly and that you understand your rights and obligations. Working with legal counsel can also help prevent mistakes that could prolong or worsen your situation.
Contact Oklahoma Lawyers Today
Dealing with child support enforcement and the threat of license suspension is stressful, but you do not have to face it alone. Moms.Law is available to provide experienced guidance and support tailored to your situation. If you need legal help, call Moms.Law at (918) 770-7117 to discuss your case and explore your options with compassionate professionals who understand Oklahoma’s child support laws.