Minnesota statutes allow the state to suspend a person's driver's
license if they fall behind on their child support payments more than
three (3) months. The person who is suspended must receive a notice of
the suspension and is entitled to a court hearing on the issue if they
contest that suspension.
To prevent a suspension, a child support obligor must enter into a
payment arrangement with the child support enforcement office or an
agreement that is accepted by the court. Often the retention of a lawyer
can facilitate a payment arrangement that is acceptable to the court.
If the driver fails to provide a compelling reason for reinstatement,
they may not reapply for reinstatement for a 12 month period.
The statute codifying this law is Minnesota Statutes Section 518A.65
which is provided in pertinent part below:
518A.65 DRIVER'S LICENSE SUSPENSION.
Upon motion of an obligee, which has been properly served on the
obligor and upon which there has been an opportunity for hearing, if a
court finds that the obligor has been or may be issued a driver's
license by the commissioner of public safety and the obligor is in
arrears in court-ordered child support or maintenance payments, or both,
in an amount equal to or greater than three times the obligor's total
monthly support and maintenance payments and is not in compliance with a
written payment agreement that is approved by the court, a child support
magistrate, or the public authority, the court shall order the
commissioner of public safety to suspend the obligor's driver's
license. The court's order must be stayed for 90 days in order to allow
the obligor to execute a written payment agreement pursuant to section
Often, with the assistance of attorney, it is possible to reach a repayment agreement for child support arrears that is palatable to all parties and would result in a reinstatement of the driver's license.