                                 CODE OF VIRGINIA

OTHER GROUNDS FOR SUSPENSION; NONPAYMENT OF CHILD SUPPORT (§ 46.2-320.1)

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&#8217;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&#8217;s last known addresses as shown in the records
of the Department or the Department of Social Services or (b) pursuant to &#xA7;
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&#8217;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&#8217;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
&#xA7; 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 &#xA7;
46.2-341.4. The court shall order the surrender of the person&#8217;s license to
operate a motor vehicle, to be disposed of in accordance with the provisions of
&#xA7; 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&#8217;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. 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&#8217;s noncompliance and the Department shall
suspend or refuse to renew the driver&#8217;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&#8217;s noncompliance,
and the Department shall suspend or refuse to renew the driver&#8217;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&#8217;s
satisfaction of these conditions, the Department shall issue a driver&#8217;s
license to the person or reinstate the person&#8217;s driver&#8217;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.

HISTORY: 2012, c. 829; 2015, c. 506; 2016, c. 29; 2019, cc. 284, 285.