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Child Support –Occupational License Suspension

The child support agency can ask a licensing agency to suspend the noncustodial parent’s occupational license because they owe arrears.

• Criteria

• Exclusions

• Notification Process

• Authority

Criteria

The child support agency can ask a licensing agency to suspend an occupational license if all of the following are true:

• the licensing agency issued a license to the noncustodial parent

• the noncustodial parent owes arrears at least three times their total monthly support obligation

• the noncustodial parent is not complying with a written payment plan for both current and arrears, approved by:

• the court

• a child support magistrate or

• the child support agency.

Exclusions

The child support agency will not suspend an occupational license if any of the following are true:

• the case does not meet the criteria.

• he noncustodial parent is receiving cash public assistance

• before the suspension, the noncustodial parent filed a motion for a modification that addresses both current support and arrears

• the noncustodial parent filed bankruptcy before October 17, 2005 and remains protected

• a court order prohibits occupational license suspension

• the custodial parent has claimed or been granted Good Cause.

Notification process

The child support agency sends the noncustodial parent a Notice of Intent to Suspend to their last known address.

The noncustodial parent has 30 days from the date on the notice to contest the suspension. To contest, the noncustodial parent must send the child support agency a written request for a hearing.

If the noncustodial parent does not request a hearing within the required time, they have 90 days from the date on the notice to do any of the following to stop the suspension:

• pay the arrears in full

• sign and comply with written payment plan for all qualifying cases

• tell the child support agency if they:

• have a pending bankruptcy action

• are receiving cash-grant public assistance payments

• are not the person owing support (mistaken identity)

If the noncustodial parent does not take any of the above actions to stop the suspension, the child support agency notifies the licensing agency to suspend their occupational license.

Authority

Minnesota Statutes can be found on the Minnesota Office of Revisor of Statutes Web site.

• 42 United States Code, section 666(a)(16)

• Minnesota Statutes, section 214.01

• Minnesota Statutes, section 214.101

• Minnesota Statutes, section 518A.66

• Minnesota Statutes, section 518A.69

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