Minnesota statutes allow the state to suspend a person's occupational
license if they fall behind on their child support payments more than
three (3) months. An occupational license refers to a work license such
as a realtor's license, attorney's license of other state sanctioned
professions. 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.66
which is provided in pertinent part below:
518A.66 OCCUPATIONAL LICENSE SUSPENSION.
Upon motion of an obligee, if the court finds that the obligor is or
may be licensed by a licensing board listed in section
214.01 or other state, county, or municipal agency or board that
issues an occupational license 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 pursuant to section
518A.69 that is approved by the court, a child support magistrate,or
the public authority, the court shall direct the licensing board or
other licensing agency to suspend the license. The court's order must be
stayed for 90 days in order
to allow the obligor to execute a written payment agreement .
The payment agreement must be approved by either the court or the
public authority responsible for child support enforcement. If the
obligor is a licensed attorney, the court shall report the matter to the
Lawyers Professional Responsibility Board for appropriate action in
accordance with the Rules of Professional Conduct.