A Georgia parent who falls 60 days behind on child support can lose a driver’s, professional, hunting, or fishing license, by court order or through the Division of Child Support Services.
By Court Order
Under OCGA 19-6-28.1(b), in any proceeding to enforce a child support order, if the court finds “that the respondent has accumulated support arrears equivalent to or greater than the current support due for 60 days,” it may order the licensing agency to suspend the license or deny a renewal. The statute reaches licenses to drive, to hunt or fish, and “to engage in a profession, business, or occupation.” The court must first consider “[e]vidence relating to the ability and willingness of the respondent to comply.”
Through DCSS
Under OCGA 19-11-9.3, the Division of Child Support Services keeps a certified list of parents more than 60 days behind and sends it to every licensing agency. The parent gets written notice and 20 days to pay, reach a payment agreement, or request an administrative hearing, and a timely request stays the suspension. The hearing asks only whether there is an order the parent is bound by and out of compliance with, whether the arrears may be paid in installments, and whether the parent “has been able and willing to comply.” A parent found unable to comply gets a release and the license back.
Lawyers Lose Their Licenses Too
In In re Carlson, 268 Ga. 335 (1997), a Georgia lawyer had pled guilty in Kentucky to failing to support his child, with a $43,000 arrearage. The Georgia Supreme Court suspended him for 12 months or until the arrearage was paid, noting that OCGA 19-6-28.1 took effect July 1, 1996 and that under Bar Rule 1-209 a lawyer who willfully fails to pay child support is not in good standing. In In re Polk, 288 Ga. 63 (2010), the lawyer was already under administrative suspension for unpaid child support.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!