License Suspension for Failure to Pay Child Support

In Texas, parents have an obligation to provide financial support for their children. The Texas courts take this obligation seriously and allow the Attorney General to suspend the license of parents who fail to comply with their child support obligations. While such measures may seem extreme, they are often deemed necessary to ensure children receive the support they need. If you received a notice of license suspension for failure to pay child support or your co-parent failed to pay you the child support they owe, it is smart to speak to an attorney regarding what steps you can take to protect your interests. The seasoned Dallas child support attorneys of McClure Law Group are skilled at helping parents fight for justice for their children, and if we represent you, we will advocate aggressively on your behalf.

When a parent fails to pay child support, the Attorney General's office can take action to suspend the parent's license. While in most instances, the license in question is a driver’s license, the Attorney General can suspend other licenses issued by a licensing authority as well, including those needed to practice a profession, like law, dental, and medical licenses, and those needed to engage in a recreational activity, like fishing and hunting licenses. In total, the state identifies 60 licensing agencies, but the list is not exhaustive.

Pursuant to the Texas Family Code (the Code), a noncustodial parent who holds a license may be subject to suspension if they fail to pay child support for more than three months and do not comply with a voluntary or existing court-ordered repayment schedule.

Generally, the Texas Attorney General enforces child support obligations and takes the actions necessary to suspend the license of a parent who fails to pay child support. The process begins when a child support agency or the parent owed support files a petition for suspension of license. The petition must set forth, among other things, the arrearages owed, the terms of any court order defining the possession of and access to the child, and the licensing authorities that granted the licenses the parent that owes support is believed to hold.

The court that has jurisdiction over the matter or the Attorney General will then issue a notice of intent to suspend, which informs the parent that their driver's license will be suspended unless they pay the arrears or make arrangements to pay. The notice must also inform them that they have the right to a hearing and advise them that they must request a hearing within 20 days of receiving the notice.

A notice of a petition to suspend will prompt many parents to pay any outstanding support obligations. If they do not, however, and the court or Attorney General subsequently finds that there are grounds for suspending their license, their license will be suspended unless they demonstrate good cause for failing to comply with the child support order or establish an affirmative defense. The Attorney General or Court may issue a conditional stay of the order suspending the license if the parent that owes support complies with a reasonable repayment schedule or any order pertaining to access to and possession of a child.

License suspension for failure to pay child support is a significant penalty, but in some instances, it may be necessary to compel parents to uphold their financial obligations to their children. If you need assistance obtaining or opposing a license suspension for failure to pay child support, it is in your best interest to talk to an attorney. The experienced Dallas lawyers of McClure Law Group are adept at handling contentious disputes over child custody and support, and if you engage our services, we will fight to help you seek justice. Our main office is located in Dallas, and we have a Collin-County office in Plano where we can meet clients by appointment. We frequently represent people in child custody cases in Dallas, Fort Worth, Rockwall, Frisco, McKinney, Richardson, Irving, and Garland. We also help parties with family law issues in cities in Dallas, Grayson, Denton, Collin, Tarrant, and Rockwall Counties. You can contact us by using our online form or calling 214.692.8200 to set up a confidential meeting.