Virginia HB 2059: Child support; nonpayment, amount of arrearage paid, suspension of driver's license.

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2019 SESSION

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19101815D

HOUSE BILL NO. 2059 

Offered January 9, 2019 

Prefiled January 7, 2019 

A BILL to amend and reenact � 46.2-320.1 of the Code of 
 Virginia, relating to nonpayment of child support; amount of arrearage paid; time 
 period to pay arrearage; repayment schedule; suspension of driver's license. 
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Patrons-- Carr, Bourne, Ransone and Toscano; Senator: Dance 

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Referred to Committee for Courts of Justice 

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Be it enacted by the General Assembly of Virginia:

1. That � 46.2-320.1 of the Code of Virginia is amended and 
 reenacted as follows:

� 46.2-320.1. Other grounds for suspension; nonpayment of 
 child support.

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'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's last known addresses as shown in the records of 
 the Department or the Department of Social Services or (b) pursuant to � 
 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 10 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'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's license until a final determination is made by the court.

B. At any time after service of