Suspension Of, or Denial of Application or Renewal Of, License for Noncompliance With Child Support Order

  1. Law
  2. Georgia Code
  3. Domestic Relations
  4. Alimony and Child Support
  5. General Provisions
  6. Suspension Of, or Denial of Application or Renewal Of, License for Noncompliance With Child Support Order

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  1. As used in this Code section, the term:
    1. "License" means a certificate, permit, registration, or any other authorization issued by the Department of Public Safety or any other licensing entity that allows a person to operate a motor vehicle, to engage in a profession, business, or occupation, or to hunt or fish.
    2. "Licensing entity" means any state agency, department, or board of this state which issues or renews any license, certificate, permit, or registration to authorize a person to drive a motor vehicle, to hunt or fish, or to engage in a profession, business, or occupation including those under Article 3 of Chapter 7 of Title 2, the "Georgia Pesticide Use and Application Act of 1976"; Article 13 of Chapter 1 of Title 7, relating to mortgage lenders and mortgage brokers; Chapter 5 of Title 10, the "Georgia Uniform Securities Act of 2008," relating to securities salespersons and investment adviser representatives; Part 2 of Article 1 of Chapter 6 of Title 12, relating to foresters; Chapter 4 of Title 26, relating to pharmacists; Chapter 23 of Title 33, relating to insurance agents, counselors, and other personnel; Chapter 1 of Title 43, relating to professions and businesses; Chapter 39A of Title 43, relating to real estate appraisers; or Chapter 40 of Title 43, relating to real estate brokers and salespersons.
  2. In any proceeding for enforcement of a judgment or order to pay child support, if the court is satisfied by competent proof that the respondent has accumulated support arrears equivalent to or greater than the current support due for 60 days and that the respondent is licensed to conduct a trade, business, profession, or occupation, licensed to hunt or fish, licensed to drive a motor vehicle, owns a motor vehicle which is registered in this state in his or her name, or is applying for the renewal or issuance of any such license or registration, the court may order the appropriate licensing or registering entity to suspend the license or registration or deny the application for such license and to inform the court of the actions it has taken pursuant to such proceedings. Evidence relating to the ability and willingness of the respondent to comply with an order of child support shall be considered by the court prior to the entry of any order under this Code section.
  3. The court shall inform the respondent that competent proof for purposes of proving to a licensing or registering entity that the respondent is in compliance with the order for child support shall be written proof of payment by cash or a certified check, notice issued by the court, or notice from a child support receiver, if such receiver has been appointed.

(Code 1981, §19-6-28.1, enacted by Ga. L. 1996, p. 453, § 3; Ga. L. 1997, p. 1613, § 9; Ga. L. 1999, p. 81, § 19; Ga. L. 1999, p. 329, § 2; Ga. L. 2008, p. 381, § 10/SB 358.)

Cross references.

- Failure to pay child support prohibits licensure as money transmitter or payment instrument seller, § 7-1-693.

Failure to pay child support prohibits licensure for cash payment instrument, § 7-1-708.1.

Denial or suspension of registered forester's license for noncompliance with child support order, § 12-6-49.1.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1996, a period was substituted for a semicolon at the end of paragraph (a)(1).

Law reviews.

- For article, "Alimony and Child Support: Limit Issuance or Renewal of Licenses for Failure to Comply with Child Support Order," see 13 Ga. St. U.L. Rev. 127 (1996). For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 121 (1997).

RESEARCH REFERENCES

ALR.

- Validity, construction, and application of state statutes providing for revocation of driver's license for failure to pay child support, 30 A.L.R.6th 483.


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