Drivers License Suspensions
Why and how are drivers licenses suspended for child support?
Federal law requires that all states have laws requiring procedures to withhold, suspend, or restrict driver’s licenses of individuals owing overdue child support. Indiana has both administrative and Judicial methods for the suspension of Drivers licenses if certain conditions are met.
When an obligor has an arrearage of at least $2,000.00 or is past due three (3) months of court ordered child support on a case, regardless of whether or not the order is for current support or arrears only, the Prosecutor may initiate administrative or judicial proceedings to suspend the obligor’s driver’s license with the Bureau of Motor Vehicles (BMV). The administrative process involves at least three letters to the payor; a warning letter, a Notice of Intent to suspend the license, and a final notice from the BMV of the upcoming suspension.
When a Driver’s License suspension is initiated under Indiana’s administrative program, also suspended are any licenses issued by the DNR for hunting or fishing.
How Can I get my license back?
The Prosecutor’s Office can only help with suspensions for failure to pay child support. If you have other suspensions, there may be other tools to get your license valid.
There are several ways that we will agree to lift an administrative license suspension:
- Pay your arrears in full.
- We agree on a payment plan with you.
- Your child support, and arrears, are being paid by an Income Withholding Order.
Specialized Driving Privileges. Indiana has another method for you to be able to drive if your license is suspended. Some Child Support suspensions can be subject to a Specialized Driving Privilege (SDP). This requires an Order from a Court allowing the person suspended to drive as allowed by the Court order. If you have more suspensions than just child support, you may want to seek the advice of an attorney. The Prosecutor’s Office will ask any court issuing an SDP to require a payor’s child support to be paid as a condition of the Court granting an SPD.
What happens when a license is reinstated?
The child support office enters into the driver’s license suspension program that the office has agreed to lift the suspension. That system communicates with the BMV system. The BMV then lifts the suspension. As this may take some time, it is important for the person whose license was suspended to verify with the BMV that their license is reinstated and valid before driving.
To ask if we can agree to lift your suspension, complete this form:
If you need assistance with Child Support on another issue, please use one of these forms:
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