Child Support – Driver’s License Suspension

The child support agency can ask the Minnesota Department of Public Safety (DPS) to suspend the noncustodial parent’s driver’s license because they owe arrears.

Criteria

The child support agency can direct the Department of Public Safety to suspend a noncustodial parent’s Minnesota driver's license if all of the following are true:

  • • the Department of Public Safety has issued a driver's license
  • • the noncustodial parent owes arrears in an amount 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 cannot direct the Department of Public Safety to suspend a driver's license if any of the following are true:

  • • the case does not meet the criteria
  • • the noncustodial parent receives public assistance in the form of cash assistance
  • • before the suspension, the noncustodial parent filed a motion for modification of the court order, addressing both current and arrears
  • • the noncustodial parent filed bankruptcy before October 17, 2005 and remains protected
  • • there is a court order that prohibits the 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 Driver’s License 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 plans 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 will direct the Department of Public Safety to suspend their driver’s license.

    The Department of Public Safety mails the noncustodial parent a driver’s license suspension notice to their last known address.

    Note: The noncustodial parent’s license can be suspended or revoked for reasons other than non-payment of child support. The license will remain suspended for those reasons even if the child support suspension is stopped.

    Limited licenses

    If the noncustodial parent’s driver’s license is suspended for non-payment of child support they can apply to the Department of Public Safety for a one-time-only 90-Day Limited License for Child Support Suspension.

    The Department of Public Safety decides whether a person qualifies for a limited license. Contact the Department of Public Safety with any questions.

    Authority

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

  • • 42 United States Code, section 666(a)(16)
  • • Minnesota Statutes, section 484.702
  • • Minnesota Statutes, section 171.12 subdivision 7
  • • Minnesota Statutes, sections 171.186 and 171.30
  • • Minnesota Statutes, section 518A.46
  • • Minnesota Statutes, section 518A.65
  • • Minnesota Statutes, section 518A.69
  • • Minnesota Statutes, section 518A.70

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