Bill Text: VA HB599 | 2018 | Regular Session | Prefiled
Bill Title: Child support; nonpayment, amount of arrearage paid, suspension of driver's license.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-02-15 - Left in Courts of Justice [HB599 Detail]
Download: Virginia-2018-HB599-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §46.2-320.1 of the Code of Virginia is amended and reenacted as follows:
§46.2-320.1. Other grounds for suspension; nonpayment of child support.
A. The Commissioner may enter into an agreement with the
Department of Social Services whereby the Department may suspend or refuse to
renew the driver's license of any person upon receipt of notice from the
Department of Social Services that the person (i) is delinquent in the payment
of child support by 90 days or more or in an amount of $5,000 or more or (ii)
has failed to comply with a subpoena, summons, or warrant relating to paternity
or child support proceedings. A suspension or refusal to renew authorized
pursuant to this section shall not be effective until 30 days after service on
the delinquent obligor of notice of intent to suspend or refusal to renew. The
notice of intent shall be served on the obligor by the Department of Social
Services (a) by certified mail, return receipt requested, or by electronic
means, sent to the obligor's last known addresses as shown in the records of
the Department or the Department of Social Services or (b) pursuant to §
8.01-296, or service may be waived by the obligor in accordance with procedures
established by the Department of Social Services. The obligor shall be entitled
to a judicial hearing if a request for a hearing is made, in writing, to the
Department of Social Services within 10 30 days from service of the
notice of intent. Upon receipt of the request for a hearing, the Department of
Social Services shall petition the court that entered or is enforcing the
order, requesting a hearing on the proposed suspension or refusal to renew. The
court shall authorize the suspension or refusal to renew only if it finds that
the obligor's noncompliance with the child support order was willful. Upon a
showing by the Department of Social Services that the obligor is delinquent in
the payment of child support by 90 days or more or in an amount of $5,000 or
more, the burden of proving that the delinquency was not willful shall rest
upon the obligor. The Department shall not suspend or refuse to renew the
driver's license until a final determination is made by the court.
B. At any time after service of a notice of intent, the person may petition the juvenile and domestic relations district court in the jurisdiction where he resides for the issuance of a restricted license to be used if the suspension or refusal to renew becomes effective. Upon such petition and a finding of good cause, the court may provide that such person be issued a restricted permit to operate a motor vehicle for any of the purposes set forth in subsection E of §18.2-271.1. A restricted license issued pursuant to this subsection shall not permit any person to operate a commercial motor vehicle as defined in §46.2-341.4. The court shall order the surrender of the person's license to operate a motor vehicle, to be disposed of in accordance with the provisions of §46.2-398, and shall forward to the Commissioner a copy of its order entered pursuant to this subsection. The order shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a permit is issued as is reasonably necessary to identify him.
C. The Department shall not renew a driver's license or
terminate a license suspension imposed pursuant to this section until it has
received from the Department of Social Services a certification that the person
has (i) paid the delinquency in full; (ii) reached an agreement with the
Department of Social Services to satisfy the delinquency within a period not to
exceed 10
20 years, and at least one payment representing at least five percent of the total delinquency or $600, whichever
is greater
lesser, has been made pursuant to the agreement; (iii)
complied with a subpoena, summons, or warrant relating to a paternity or child
support proceeding; or (iv) completed or is successfully participating in an
intensive case monitoring program for child support as ordered by a juvenile
and domestic relations district court or as administered by the Department of
Social Services. Certification by the Department of Social Services shall be made
by electronic or telephonic communication and shall be made on the same work
day that payment required by clause (i) or (ii) is made.
D. If a person who has entered into an agreement with the
Department of Social Services pursuant to clause (ii) of subsection C fails to
comply with the requirements of the agreement, the Department of Social
Services shall notify the Department of the person's noncompliance and the
Department shall suspend or refuse to renew the driver's license of the person
until it has received from the Department of Social Services a certification
that the person has paid the delinquency in full or has entered into a
subsequent agreement with the Department of Social Services to satisfy the
delinquency within a period not to exceed
seven 15
years and has made at least one payment of $1,200 or
five seven
percent of the total delinquency, whichever is
greater lesser,
pursuant to the agreement. If the person fails to comply with the terms of a
subsequent agreement reached with the Department of Social Services pursuant to
this section, without further notice to the person as provided in the
subsequent agreement, the Department of Social Services shall notify the
Department of the person's noncompliance, and the Department shall suspend or refuse
to renew the driver's license of the person. A person who has failed to comply
with the terms of a second or subsequent agreement pursuant to this subsection
may be granted a new agreement with the Department of Social Services if the
person has made at least one payment of $1,800 or
five 10
percent of the total delinquency, whichever is
greater lesser,
and agrees to a repayment schedule of not more than
seven 10
years. Upon receipt of certification from the Department of Social Services of
the person's satisfaction of these conditions, the Department shall issue a
driver's license to the person or reinstate the person's driver's license.
Certification by the Department of Social Services shall be made by electronic
or telephonic communication and shall be made on the same work day that payment
required by this subsection is made.