1. (a)

   1. (1) State law authorizes and establishes procedures for the suspension of specified state-issued licenses, including commercial driver's and regular driver's licenses, including motorcycles; permanent license plates; recreational licenses; and occupational, professional, and business licenses of a noncustodial parent, if certain conditions exist on a case.

   2. (2)

      1. (A) When interviewing the noncustodial parent, the local Office of Child Support Enforcement office should request that the noncustodial parent allow the Office of Child Support Enforcement to copy the noncustodial parent’s driver's or commercial driver's license and Social Security card for identification purposes and for future reference.
      2. (B) This information is to be maintained in the file at the local Office of Child Support Enforcement office.
   3. (3) All licensing authorities affected may not be capable of interface automation with the Office of Child Support Enforcement database.
   4. (4) Periodically, staff should make inquiries with custodial parties or other knowledgeable sources to determine if a noncustodial parent holds a state-issued license subject to suspension.

   5. (5) Note.

      1. (A) There are two (2) classes of state ID cards that do not fall within the definition of “license”:

2. (i) Class ID (issued for identification only); and

   1. (ii) Class X (issued for persons who have been ticketed for a traffic violation in Arkansas, but have not been licensed to drive in Arkansas).

      1. (B) Class ID and Class X will not be suspended.

3. (b) One (1) of the following two (2) conditions must be met in order to suspend a noncustodial parent’s license or license plate:

   1. (1) Condition 1. The noncustodial parent is delinquent on a court-ordered child support payment in an amount equal to three (3) months’ obligation or more, or the noncustodial parent is delinquent on payments toward an adjudicated arrearage in an amount equal to a three (3) months’ obligation or more; or

   2. (2) Condition 2. The noncustodial parent is the subject of an outstanding failure to appear, body attachment, or bench warrant related to a child support proceeding.

      1. (c) The following are exceptions to the above conditions:

   3. (1)

      1. (A) If the noncustodial parent was assessed retroactive support, the noncustodial parent is not delinquent in child support payments for those retroactive support payments.
      2. (B) For example, if the noncustodial parent is the putative father and the court finds him to be the legal father and invokes the law authorizing the setting of support retroactively, then the noncustodial parent is not delinquent because there was never an obligation to pay anything before the court date.
      3. (C) Instant debt will not be considered an adjudicated arrearage for the purpose of this policy.
      4. (D) However, if the noncustodial parent fails to pay on a retroactive support order for three (3) months or in a total amount equal to at least three (3) months’ obligation, license suspension may be appropriate;
   4. (2) The noncustodial parent pays the delinquency below an amount equal to three (3) months’ obligation;

   5. (3) Noncustodial parents:

      1. (A) Who are currently in compliance with a written agreement with the Office of Child Support Enforcement requiring periodic installment payments for liquidation of a child support delinquency or adjudicated arrearage;
      2. (B) Currently in compliance with their most recent court order reducing a child support arrearage to proper judgment and requiring periodic payments for liquidation of the judgment; or
      3. (C) Who are currently making regular and periodic payments on a child support delinquency or adjudicated arrearage through income withholding; and

   6. (4)

      1. (A) The noncustodial parent enters an agreed order or written installment agreement with the Office of Child Support Enforcement with instructions to pay current support plus an additional specified amount to be applied to the arrearage/delinquency.

      2. (B) The agreed order or written installment agreement should contain a provision that stipulates that if the noncustodial parent becomes thirty (30) days’ delinquent on the agreed order or written agreement, the:

         1. (i) License or licenses affected will be suspended immediately; and
         2. (ii) Noncustodial parent specifically waives all rights to an administrative hearing or further notice prior to the suspension or suspensions.

      3. (C) The Office of Child Support Enforcement can place a suspension against an expired license, which will prevent the noncustodial parent from receiving a new license until arrangements have been made with the Office of Child Support Enforcement to pay current support and an amount toward arrears.

         1. (d) Bankruptcy.
   7. (1) If the noncustodial parent has filed for bankruptcy, any release of an already suspended license or any prospective suspension of his or her license shall be determined on a case-by-case basis by the caseworker with the following exception.

   8. (2) If the case is one in which the noncustodial parent does not have any ongoing obligation, then:

      1. (A) A suspended license should be immediately released; and
      2. (B) No further suspension referrals sent unless prior approval is received from the legal department.

Codification Notes: “ID” means identification.