One of the most successful enforcement tools is the statute that allows CSSD to suspend a delinquent obligor’s California Driver’s License and other professional licenses. Family Code §17520.

Family Code §17520 requires CSSD to submit to the California Department of Child Support Services, on a monthly basis, a “certified list” in which it verifies under penalty of perjury the names of child support obligors who are out of compliance with a judgment or order for support. The California Department of Child Support Services within 30 calendar days of receipt of the list provides a copy of the list to each board that is responsible for regulating licenses, including the Department of Motor Vehicles. Each of these administrative agencies has the authority to withhold issuance or renewal of the license of any applicant on the list.

Upon receipt of the certified list of delinquent obligors, each board immediately sends a notice to obligor of the board’s intent to withhold issuance or renewal of the license. The notice is sent by mail to the last known address on file with the board. The board issues a temporary license valid for a period of 150 days to any applicant whose name is on the list if the applicant is otherwise eligible for a license. The temporary license may be extended for a period not to exceed 150 additional days at the request of the local child support agency.

The license can be suspended if the obligor parent is more than 4 months delinquent, the license is not coming up for renewal within 6 months, and the license is not the type which is renewed annually. Notice is sent to the obligor by the board informing him/her that the license will be suspended in 150 days.

In order for the obligor parent’s license to be released, the parent must be in compliance with the judgment or order for support.

The obligor can request to negotiate a repayment plan with the local child support agency or seek review of the submission of his/her name to the certified list. These requests can be submitted in writing or in person at the local child support agency. Family Code §§17520(g)-(h).

The local child support agency shall request the board to release the license unconditionally if the obligor is found in compliance with the order or conditionally release the license if a negotiated repayment agreement is reached establishing new terms of compliance.

The obligor can file a motion in the Superior Court to request judicial review of the local child support agency’s decision not to release the license suspension. At the hearing, the court’s review is limited to the existence of a support obligation owed by the applicant, compliance with the order, and additional facts that may warrant conditional release. Family Code §17520(k). At the hearing, the court can uphold the local child support agency’s decision not to release the license, grant an unconditional release or grant a conditional release.

If a conditional release is granted, the court must base its findings on facts concerning the needs of obligor, payment history, current circumstances of obligor and obligee, and payments necessary to satisfy the release.

If the applicant falls out of compliance subsequent to the issuance of a conditional release, the local child support agency may notify the board and, upon receipt of the notice, the board shall immediately notify the obligor that his/her license will be suspended on a specific date not to exceed 30 days from the notice.

A suspension or revocation of a driver’s license under this section shall not subject the obligor’s car to impoundment. Family Code §17520(w)(1).