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MD SB106

MD SB106
Child Support - Suspension of Driver's Licenses


summary

Introduced
01/08/2025
In Committee
01/08/2025
Crossed Over
Passed
Dead
04/08/2025

Introduced Session

2025 Regular Session

Bill Summary

Altering provisions of law relating to the authority of the Child Support Enforcement Administration to notify the Motor Vehicle Administration of an individual's child support arrearages for the purpose of suspending the individual's driver's license or privilege to drive under certain circumstances.

AI Summary

This bill modifies Maryland's laws regarding the suspension of driver's licenses for individuals who are behind on child support payments. Currently, the Motor Vehicle Administration can suspend a driver's license for an obligor (the person required to pay child support) who is 120 days or more out of compliance with a child support order. The key change is that before suspending a license, the Child Support Administration must now petition the court to make a finding that license suspension is appropriate. The court will determine appropriateness by using a "clear and convincing evidence" standard, specifically looking at whether the obligor has funds to pay but is deliberately choosing not to do so. The bill provides several circumstances where the court cannot suspend a license, such as if the child primarily resides with the obligor, if the obligor has a documented disability preventing work, or if license suspension would impede current or potential employment. The bill also requires the Administration to make reasonable attempts to notify the obligor, including written and electronic notice, before taking action. The obligor retains the right to request a hearing and challenge the suspension, and the Administration must reinstate the license if certain conditions are met. The new provisions aim to provide more due process and flexibility in handling child support enforcement through driver's license suspension.

Committee Categories

Justice

Sponsors (1)

Last Action

Senate Judicial Proceedings Hearing (10:00:00 1/22/2025 ) (on 01/22/2025)

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