tel. 651/210-9409

I represent clients primarily in the Twin Cities seven-county metro area. Contact me for more information.

• Roseville (MN)
• Ramsey County
• Arden Hills
• Columbia Heights
• Falcon Heights
• Fridley
• Hennepin County
• Little Canada
• Maplewood
• Minneapolis
• Mounds View
• New Brighton
• North Oaks
• Shoreview
• St. Anthony Village
• St. Paul
• Vadnais Heights
• Washington County
• White Bear
• Woodbury

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If a court finds that the obligor has been or may be issued a driver's license by the commissioner of public safety and the obligor is in arrears in court-ordered child support or spousal maintenance payments, or both, in an amount equal to or greater than three times the obligor's total monthly support and maintenance payments and is not in compliance with a written payment agreement that is approved by the court, a child support magistrate, or the public authority, the court will order the commissioner of public safety to suspend the obligor's driver's license.

Stay of Suspension

The court's order will be stayed for 90 days in order to allow the obligor to execute a written payment agreement. The payment agreement must be approved by either the court or the public authority responsible for child support enforcement. If the obligor has not executed or is not in compliance with a written payment agreement after the 90 days expires, the court's order becomes effective and the commissioner of public safety suspends the obligor's driver's license. This penalty is in addition to any other enforcement remedy available to the court. An obligee may not request this remedy within 12 months of a denial of a similar previous request.

Suspension in Violation of Agreement

If a public authority responsible for child support enforcement determines that the obligor has been or may be issued a driver's license by the commissioner of public safety and the obligor is in arrears in court-ordered child support or maintenance payments or both in an amount equal to or greater than three times the obligor's total monthly support and maintenance payments and not in compliance with a written payment agreement that is approved by the court, a child support magistrate, or the public authority, the public authority directs the commissioner of public safety to suspend the obligor's driver's license. This penalty is in addition to any other enforcement remedy available to the public authority.

Written Notice

At least 90 days before notifying the commissioner of public safety, the public authority must mail a written notice to the obligor at the obligor's last known address, stating that it intends to seek suspension of the obligor's driver's license and that the obligor must request a hearing within 30 days in order to contest the suspension. If the obligor makes a written request for a hearing within 30 days of the date of the notice, a court hearing must be held. The obligor must be served with 14 days' notice in writing specifying the time and place of the hearing and the allegations against the obligor.

The notice must include information that explains to the obligor of the requirement to develop a written payment agreement that is approved by a court, a child support magistrate, or the public authority responsible for child support enforcement regarding child support, maintenance, and any arrearages in order to avoid license suspension. The notice may be served personally or by mail. If the public authority does not receive a request for a hearing within 30 days of the date of the notice, and the obligor does not execute a written payment agreement that is approved by the public authority within 90 days of the date of the notice, the public authority will direct the commissioner of public safety to suspend the obligor's driver's license.

Obligor May Request a Hearing

At a hearing requested by the obligor, and on finding that the obligor is in arrears in court-ordered child support or maintenance payments or both in an amount equal to or greater than three times the obligor's total monthly support and maintenance payments, the district court or child support magistrate orders the commissioner of public safety to suspend the obligor's driver's license or operating privileges, unless the court or child support magistrate determines that the obligor has executed and is in compliance with a written payment agreement that is approved by the court, a child support magistrate, or the public authority.

Obligor's Post-Suspension Options

An obligor whose driver's license or operating privileges are suspended may:

• provide proof to the public authority responsible for child support enforcement that the obligor is in compliance with all written payment agreements;
• bring a motion for reinstatement of the driver's license; at the hearing, if the court or child support magistrate orders reinstatement of the driver's license, the court or child support magistrate must establish a written payment agreement; or
• seek a limited license; a limited license issued to an obligor expires 90 days after the date it is issued.

Reinstatement

Within 15 days of the receipt of that proof or a court order, the public authority will inform the commissioner of public safety that the obligor's driver's license or operating privileges should be reinstated.

Additionally, a court, a child support magistrate, or the public authority may direct the commissioner of public safety to suspend the license of a parent who has failed, after receiving notice, to comply with a subpoena relating to a paternity or child support proceeding. Notice to an obligor of intent to suspend must be served by first class mail at the obligor's last known address. The notice must inform the obligor of the right to request a hearing. If the obligor makes a written request within 10 days of the date of the hearing, a hearing must be held. At the hearing, the only issues to be considered are mistake of fact and whether the obligor received the subpoena.

The license of an obligor who fails to remain in compliance with an approved written payment agreement may be suspended. Before suspending a license for noncompliance with an approved written payment agreement, the public authority must mail to the obligor's last known address a written notice that:

1. the public authority intends to seek suspension of the obligor's driver's, and
2. the obligor must request a hearing, within 30 days of the date of the notice, to contest the suspension.

If within 30 days of the date of the notice the public authority does not receive a written request for a hearing and the obligor does not comply with an approved written payment agreement, the public authority must direct the Department of Public Safety to suspend the obligor's license. If the obligor makes a written request for a hearing within 30 days of the date of the notice, a court hearing must be held. The obligor must be served with 14 days' notice in writing specifying the time and place of the hearing and the allegations against the obligor.

The notice may be served personally or by mail at the obligor's last known address. If the obligor appears at the hearing and the court determines that the obligor has failed to comply with an approved written payment agreement, the court or public authority will notify the Department of Public Safety to suspend the obligor's license. If the obligor fails to appear at the hearing, the court or public authority will notify the Department of Public Safety to suspend the obligor's.