{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-320.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-320.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-320.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-320.1.html"}],"law_id":81751,"edition_id":1,"section_id":81751,"structure_id":15802,"section_number":"46.2-320.1","catch_line":"Other grounds for suspension; nonpayment of child support","history":"2012, c. 829; 2015, c. 506; 2016, c. 29; 2019, cc. 284, 285.","full_text":"A\n\nThe 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 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\n\nAt 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\n\nThe 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 years, and at least one payment representing at least five percent of the total delinquency or $600, whichever is less, 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\n\nIf 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 years and has made at least one payment of $1,200 or seven percent of the total delinquency, whichever is less, 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 10 percent of the total delinquency, whichever is less, and agrees to a repayment schedule of not more than seven 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.","order_by":null,"text":{"0":{"id":292861,"text":"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 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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":292862,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":292863,"text":"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 years, and at least one payment representing at least five percent of the total delinquency or $600, whichever is less, 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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":292864,"text":"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 years and has made at least one payment of $1,200 or seven percent of the total delinquency, whichever is less, 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 10 percent of the total delinquency, whichever is less, and agrees to a repayment schedule of not more than seven 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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15802,"edition_id":1,"name":"Persons Not to Be Licensed","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:59:43","date_modified":"2026-06-26 03:59:43","permalink":{"id":226379,"object_type":"structure","relational_id":15802,"identifier":"3","token":"46.2\/II\/3\/3","url":"\/46.2\/II\/3\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12772,"edition_id":1,"name":"Licensure of Drivers","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12771,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225629,"object_type":"structure","relational_id":12772,"identifier":"3","token":"46.2\/II\/3","url":"\/46.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12771,"edition_id":1,"name":"Titling, Registration and Licensure","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225627,"object_type":"structure","relational_id":12771,"identifier":"II","token":"46.2\/II","url":"\/46.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80708,"structure_id":15802,"section_number":"46.2-311","catch_line":"Persons having defective vision; minimum standards of visual acuity and field of vision; tests of vision","url":"\/46.2-311\/","token":"46.2\/II\/3\/3\/46.2-311","metadata":false},{"id":77772,"structure_id":15802,"section_number":"46.2-312","catch_line":"Persons using bioptic telescopic lenses","url":"\/46.2-312\/","token":"46.2\/II\/3\/3\/46.2-312","metadata":false},{"id":76904,"structure_id":15802,"section_number":"46.2-313","catch_line":"Persons with suspended or revoked licenses","url":"\/46.2-313\/","token":"46.2\/II\/3\/3\/46.2-313","metadata":false},{"id":64073,"structure_id":15802,"section_number":"46.2-314","catch_line":"Repealed","url":"\/46.2-314\/","token":"46.2\/II\/3\/3\/46.2-314","metadata":false},{"id":69567,"structure_id":15802,"section_number":"46.2-315","catch_line":"Persons unable to exercise reasonable and ordinary control over a motor vehicle","url":"\/46.2-315\/","token":"46.2\/II\/3\/3\/46.2-315","metadata":false},{"id":80892,"structure_id":15802,"section_number":"46.2-316","catch_line":"Persons convicted or found not innocent of certain offenses; requirement of proof of financial responsibility in the future for certain offenses","url":"\/46.2-316\/","token":"46.2\/II\/3\/3\/46.2-316","metadata":false},{"id":64027,"structure_id":15802,"section_number":"46.2-317","catch_line":"Persons making false statement in application","url":"\/46.2-317\/","token":"46.2\/II\/3\/3\/46.2-317","metadata":false},{"id":72608,"structure_id":15802,"section_number":"46.2-318","catch_line":"Cancellation or revocation of license where application is false in material particular","url":"\/46.2-318\/","token":"46.2\/II\/3\/3\/46.2-318","metadata":false},{"id":60901,"structure_id":15802,"section_number":"46.2-319","catch_line":"Refusal or revocation of license for certain fraudulent acts in obtaining a driver's license","url":"\/46.2-319\/","token":"46.2\/II\/3\/3\/46.2-319","metadata":false},{"id":85855,"structure_id":15802,"section_number":"46.2-320","catch_line":"Other grounds for refusal or suspension","url":"\/46.2-320\/","token":"46.2\/II\/3\/3\/46.2-320","metadata":false},{"id":81751,"structure_id":15802,"section_number":"46.2-320.1","catch_line":"Other grounds for suspension; nonpayment of child support","url":"\/46.2-320.1\/","token":"46.2\/II\/3\/3\/46.2-320.1","metadata":false},{"id":76219,"structure_id":15802,"section_number":"46.2-320.2","catch_line":"Repealed","url":"\/46.2-320.2\/","token":"46.2\/II\/3\/3\/46.2-320.2","metadata":false},{"id":77673,"structure_id":15802,"section_number":"46.2-321","catch_line":"Appeal from denial, suspension, or revocation of license; operation of vehicle pending appeal","url":"\/46.2-321\/","token":"46.2\/II\/3\/3\/46.2-321","metadata":false},{"id":81924,"structure_id":15802,"section_number":"46.2-322","catch_line":"Examination of licensee believed unable to drive safely; suspension or restriction of license; license application to include questions as to abilities of applicant; false answers; examination of applicant; physician's, advanced practice registered nurse's, or physician assistant's statement","url":"\/46.2-322\/","token":"46.2\/II\/3\/3\/46.2-322","metadata":false}],"previous_section":{"id":85855,"structure_id":15802,"section_number":"46.2-320","catch_line":"Other grounds for refusal or suspension","url":"\/46.2-320\/","token":"46.2\/II\/3\/3\/46.2-320","metadata":false},"next_section":{"id":76219,"structure_id":15802,"section_number":"46.2-320.2","catch_line":"Repealed","url":"\/46.2-320.2\/","token":"46.2\/II\/3\/3\/46.2-320.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-320.1\/","history_text":"

This law was first created in 2012. The record of its establishment is cataloged in chapter 829<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2015, chapter 506<\/a>; in 2016, chapter 29<\/a>; in 2019, chapters 284<\/a> and 285<\/a>.<\/p>","references":[{"id":57412,"section_number":"63.2-1941","catch_line":"Additional enforcement remedies","order_by":null,"url":"\/63.2-1941\/"}],"refers_to":[{"id":57797,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","order_by":null,"url":"\/18.2-271.1\/"},{"id":66116,"section_number":"46.2-341.4","catch_line":"Definitions","order_by":null,"url":"\/46.2-341.4\/"},{"id":73682,"section_number":"46.2-398","catch_line":"(Effective July 1, 2026) Disposition of surrendered licenses on revocation or suspension","order_by":null,"url":"\/46.2-398\/"},{"id":57169,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","order_by":null,"url":"\/8.01-296\/"}],"permalink":{"id":226421,"object_type":"law","relational_id":81751,"identifier":"46.2-320.1","token":"46.2\/II\/3\/3\/46.2-320.1","url":"\/46.2-320.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-320.1\/","token":"46.2\/II\/3\/3\/46.2-320.1","dublin_core":{"Title":"Other grounds for suspension; nonpayment of child support","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-320.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span> may enter into an agreement with the Department<\/span> of Social Services whereby the Department<\/span> may suspend<\/span> or refuse to renew the driver<\/span>’s license of any person upon receipt of notice from the Department<\/span> 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<\/span>, summons<\/span>, or warrant relating to paternity or child support proceedings. A suspension<\/span> 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<\/span> to suspend<\/span> or refusal to renew. The notice of intent<\/span> shall be served on the obligor by the Department<\/span> 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<\/span> or the Department<\/span> of Social Services or (b) pursuant to § 8.01-296<\/a>, or service may be waived by the obligor in accordance with procedures established by the Department<\/span> of Social Services. The obligor shall be entitled to a judicial hearing<\/span> if a request for a hearing<\/span> is made, in writing, to the Department<\/span> of Social Services within 30 days from service of the notice of intent<\/span>. Upon receipt of the request for a hearing<\/span>, the Department<\/span> of Social Services shall petition<\/span> the court<\/span> that entered or is enforcing the order<\/span>, requesting a hearing<\/span> on the proposed suspension<\/span> or refusal to renew. The court<\/span> shall authorize the suspension<\/span> or refusal to renew only if it finds that the obligor’s noncompliance with the child support order<\/span> was willful. Upon a showing by the Department<\/span> 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<\/span> shall not suspend<\/span> or refuse to renew the driver<\/span>’s license until a final determination is made by the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> At any time after service of a notice of intent<\/span>, the person may petition<\/span> the juvenile and domestic relations district court<\/span> in the jurisdiction<\/span> where he resides for the issuance of a restricted license to be used if the suspension<\/span> or refusal to renew becomes effective. Upon such petition<\/span> and a finding<\/span> of good cause, the court<\/span> may provide that such person be issued a restricted permit to operate a motor vehicle<\/span> for any of the purposes set forth in subsection E of § 18.2-271.1<\/a>. A restricted license issued pursuant to this subsection shall not permit any person to operate a commercial motor vehicle<\/span> as defined in § 46.2-341.4<\/a>. The court<\/span> shall order<\/span> the surrender of the person’s license to operate a motor vehicle<\/span>, to be disposed of in accordance with the provisions of § 46.2-398<\/a>, and shall forward to the Commissioner<\/span> a copy of its order<\/span> entered pursuant to this subsection. The order<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department<\/span> shall not renew a driver<\/span>’s license or terminate a license suspension<\/span> imposed pursuant to this section until it has received from the Department<\/span> of Social Services a certification that the person has (i) paid the delinquency in full; (ii) reached an agreement with the Department<\/span> of Social Services to satisfy the delinquency within a period not to exceed 10 years, and at least one payment representing at least five percent of the total delinquency or $600, whichever is less, has been made pursuant to the agreement; (iii) complied with a subpoena<\/span>, summons<\/span>, 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<\/span> or as administered by the Department<\/span> of Social Services. Certification by the Department<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If a person who has entered into an agreement with the Department<\/span> of Social Services pursuant to clause (ii) of subsection C fails to comply with the requirements of the agreement, the Department<\/span> of Social Services shall notify the Department<\/span> of the person’s noncompliance and the Department<\/span> shall suspend<\/span> or refuse to renew the driver<\/span>’s license of the person until it has received from the Department<\/span> of Social Services a certification that the person has paid the delinquency in full or has entered into a subsequent agreement with the Department<\/span> of Social Services to satisfy the delinquency within a period not to exceed seven years and has made at least one payment of $1,200 or seven percent of the total delinquency, whichever is less, pursuant to the agreement. If the person fails to comply with the terms of a subsequent agreement reached with the Department<\/span> of Social Services pursuant to this section, without further notice to the person as provided in the subsequent agreement, the Department<\/span> of Social Services shall notify the Department<\/span> of the person’s noncompliance, and the Department<\/span> shall suspend<\/span> or refuse to renew the driver<\/span>’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<\/span> of Social Services if the person has made at least one payment of $1,800 or 10 percent of the total delinquency, whichever is less, and agrees to a repayment schedule of not more than seven years. Upon receipt of certification from the Department<\/span> of Social Services of the person’s satisfaction of these conditions, the Department<\/span> shall issue<\/span> a driver<\/span>’s license to the person or reinstate the person’s driver<\/span>’s license. Certification by the Department<\/span> 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. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nOTHER GROUNDS FOR SUSPENSION; NONPAYMENT OF CHILD SUPPORT (\u00a7 46.2-320.1)\n\nA. The Commissioner may enter into an agreement with the Department of Social\nServices whereby the Department may suspend or refuse to renew the\ndriver’s license of any person upon receipt of notice from the Department\nof Social Services that the person (i) is delinquent in the payment of child\nsupport by 90 days or more or in an amount of $5,000 or more or (ii) has failed\nto comply with a subpoena, summons, or warrant relating to paternity or child\nsupport proceedings. A suspension or refusal to renew authorized pursuant to\nthis section shall not be effective until 30 days after service on the\ndelinquent obligor of notice of intent to suspend or refusal to renew. The\nnotice of intent shall be served on the obligor by the Department of Social\nServices (a) by certified mail, return receipt requested, or by electronic\nmeans, sent to the obligor’s last known addresses as shown in the records\nof the Department or the Department of Social Services or (b) pursuant to §\n8.01-296, or service may be waived by the obligor in accordance with procedures\nestablished by the Department of Social Services. The obligor shall be entitled\nto a judicial hearing if a request for a hearing is made, in writing, to the\nDepartment of Social Services within 30 days from service of the notice of\nintent. Upon receipt of the request for a hearing, the Department of Social\nServices shall petition the court that entered or is enforcing the order,\nrequesting a hearing on the proposed suspension or refusal to renew. The court\nshall authorize the suspension or refusal to renew only if it finds that the\nobligor’s noncompliance with the child support order was willful. Upon a\nshowing by the Department of Social Services that the obligor is delinquent in\nthe payment of child support by 90 days or more or in an amount of $5,000 or\nmore, the burden of proving that the delinquency was not willful shall rest upon\nthe obligor. The Department shall not suspend or refuse to renew the\ndriver’s license until a final determination is made by the court.\n\nB. At any time after service of a notice of intent, the person may petition the\njuvenile and domestic relations district court in the jurisdiction where he\nresides for the issuance of a restricted license to be used if the suspension or\nrefusal to renew becomes effective. Upon such petition and a finding of good\ncause, the court may provide that such person be issued a restricted permit to\noperate a motor vehicle for any of the purposes set forth in subsection E of\n§ 18.2-271.1. A restricted license issued pursuant to this subsection shall\nnot permit any person to operate a commercial motor vehicle as defined in §\n46.2-341.4. The court shall order the surrender of the person’s license to\noperate a motor vehicle, to be disposed of in accordance with the provisions of\n§ 46.2-398, and shall forward to the Commissioner a copy of its order\nentered pursuant to this subsection. The order shall specifically enumerate the\nrestrictions imposed and contain such information regarding the person to whom\nsuch a permit is issued as is reasonably necessary to identify him.\n\nC. The Department shall not renew a driver’s license or terminate a\nlicense suspension imposed pursuant to this section until it has received from\nthe Department of Social Services a certification that the person has (i) paid\nthe delinquency in full; (ii) reached an agreement with the Department of Social\nServices to satisfy the delinquency within a period not to exceed 10 years, and\nat least one payment representing at least five percent of the total delinquency\nor $600, whichever is less, has been made pursuant to the agreement; (iii)\ncomplied with a subpoena, summons, or warrant relating to a paternity or child\nsupport proceeding; or (iv) completed or is successfully participating in an\nintensive case monitoring program for child support as ordered by a juvenile and\ndomestic relations district court or as administered by the Department of Social\nServices. Certification by the Department of Social Services shall be made by\nelectronic or telephonic communication and shall be made on the same work day\nthat payment required by clause (i) or (ii) is made.\n\nD. If a person who has entered into an agreement with the Department of Social\nServices pursuant to clause (ii) of subsection C fails to comply with the\nrequirements of the agreement, the Department of Social Services shall notify\nthe Department of the person’s noncompliance and the Department shall\nsuspend or refuse to renew the driver’s license of the person until it has\nreceived from the Department of Social Services a certification that the person\nhas paid the delinquency in full or has entered into a subsequent agreement with\nthe Department of Social Services to satisfy the delinquency within a period not\nto exceed seven years and has made at least one payment of $1,200 or seven\npercent of the total delinquency, whichever is less, pursuant to the agreement.\nIf the person fails to comply with the terms of a subsequent agreement reached\nwith the Department of Social Services pursuant to this section, without further\nnotice to the person as provided in the subsequent agreement, the Department of\nSocial Services shall notify the Department of the person’s noncompliance,\nand the Department shall suspend or refuse to renew the driver’s license\nof the person. A person who has failed to comply with the terms of a second or\nsubsequent agreement pursuant to this subsection may be granted a new agreement\nwith the Department of Social Services if the person has made at least one\npayment of $1,800 or 10 percent of the total delinquency, whichever is less, and\nagrees to a repayment schedule of not more than seven years. Upon receipt of\ncertification from the Department of Social Services of the person’s\nsatisfaction of these conditions, the Department shall issue a driver’s\nlicense to the person or reinstate the person’s driver’s license.\nCertification by the Department of Social Services shall be made by electronic\nor telephonic communication and shall be made on the same work day that payment\nrequired by this subsection is made.\n\nHISTORY: 2012, c. 829; 2015, c. 506; 2016, c. 29; 2019, cc. 284, 285.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}