§ 798. Enforcement of child support orders; suspension of licenses

(a) Upon noncompliance with an order issued under section 606 of this title, a motion may be filed seeking an order for suspension of licenses under this section. The motion shall be scheduled for hearing in accordance with the Vermont Rules of Family Proceedings within 30 days of the filing of the motion. At a hearing under this subsection, the obligor shall have the opportunity to present evidence relating to the reasons for noncompliance. An inability to comply shall be a defense in an action brought under this subsection. The noncomplying party shall have the burden of demonstrating inability to comply. An order issued under subsection (c) of this section is in addition to other remedies available at law.

(b) The Office of Child Support may administratively suspend licenses under this section upon noncompliance with an order under section 606 of this title. Prior to suspending a license, the Office of Child Support shall notify the obligor of the Office’s intent to suspend the obligor’s license and shall provide the obligor with an opportunity to contest the action pursuant to 33 V.S.A. § 4108. If the obligor fails to either contest the claimed delinquency or request an opportunity to present evidence relating to the noncompliance within 21 days of notification, the Office of Child Support may issue a license suspension order.

(c) Upon a finding of noncompliance with an order issued under section 606 of this title and a delinquency of at least one-quarter of the annual support obligation, the Office of Child Support, or a judge or magistrate of a Family Division of the Superior Court, if assigned by the presiding judge of such court, may order a civil suspension of a noncomplying party’s motor vehicle operator’s license issued under 23 Vt. Stat. Ann. chapter 9 or commercial driver license issued under 23 Vt. Stat. Ann. chapter 39, recreational license, and any other license certification or registration issued by an agency to conduct a trade or business, including a license to practice a profession or occupation.

(d) Upon receipt of a license suspension order issued under this section, the license issuing authority shall suspend the license according to the terms of the order. Prior to suspending the license, the license issuing authority shall notify the license holder of the pending suspension and provide the license holder with an opportunity to contest the suspension based solely on the grounds of mistaken identity or compliance with the underlying child support order. The license shall be reinstated within five business days of a reinstatement order from the court or notification from the Office of Child Support or the custodial parent, where the rights of that parent have not been assigned to the Office of Child Support, that the parent is in compliance with the underlying child support order. The license issuing authority shall charge a reinstatement fee as provided for in 23 V.S.A. § 675, or as otherwise provided by law or rule.

(e) The license issuing authority shall adopt procedural rules in accordance with the provisions of 3 Vt. Stat. Ann. chapter 25 to implement the provisions of this section. (Added 1995, No. 59, § 11; amended 1997, No. 63, § 17, eff. Sept. 1, 1997; 2009, No. 146 (Adj. Sess.), § C16; 2009, No. 154 (Adj. Sess.), § 238; 2017, No. 11, § 47.)