The inability to pay child support can lead to a loss of your driving privileges. Understanding how this can happen and how to handle this situation can keep you on the road!
Child Support Contempt and Driver's License Suspension
If you find yourself facing a Contempt Proceeding for failing to pay child support in Indiana, you may also find that you could be losing your license. Under Indiana law, if the Court finds you in contempt, the Court is supposed to suspend your driver's license as a consequence of your actions. In practice, I have seen some courts do this and other courts choose not to suspend a person's license. But, prepared for the possibility. If this does happen, you can ask the Court to issue you a hardship license. This will allow you the ability to go to and from work and drive for work related purposes. Some courts will allow you to show a pattern of payments and then will issue you an order lifting the suspension.
Child Support Title IV-D Suspension
If you have an open case in a child support office and you are behind in child support, you may have received a letter stating that your driver's license would be suspended. Title IV-D offices throughout the State of Indiana have the statutory authority to suspend your license for failure to pay support. They do have to give you the opportunity to establish a payment plan against any child support arrearage. If you reach an agreement on a payment plan, then the Title IV-D office will likely hold off on further suspension proceedings. If the suspension moves forward, there are limited circumstances where you can request a hearing to challenge the arrearage amount owed and/or to ask for a hardship license.