If you do not pay your child support, the Department of Revenue Child Support Enforcement Division (DOR/CSE) can have your licenses taken away. This includes your:
- driver’s license,
- business license,
- professional license, and
- trade license.
“Taking away” a license includes
- not issuing, and
- not renewing the license.
Before DOR/CSE can have your license taken away they must send you a warning letter, Failure To Pay Your Child Support May Result In Suspension of Your Driver’s, Business, Professional, and Trade Licenses.
The warning letter tells you to:
- pay all the past-due child support you owe and pay your child support on time; or
- make 4 regular payments that are 25% of your past-due child support and pay your child support on time; or
- contact DOR/CSE to make a payment agreement; or
- request a hearing within 30 days.
Call DOR/CSE at 1-800-332-2733 if:
- you have custody of one of the children you were ordered to support;
- you are on public assistance; or
- you get Supplemental Security Income (SSI) and have no other income.
Why would I ask for a hearing?
Ask for a hearing to show DOR/CSE why you do not owe past-due child support.
If you need a hearing send a letter to DOR/CSE and ask for one. Send your letter to the DOR representative that sent you the warning letter or to the Customer Service Bureau, P.O. Box 7057, Boston, MA 02204-7057.
If you do not do any of these things, after 30 days DOR/CSE can send you a Final Determination of Delinquency.
The Final Determination letter says that DOR/CSE has told the Registry of Motor Vehicles or other licensing authority to take away your license.
You have a right to a hearing if DOR/CSE sends you the warning letter about taking away your license.
You have 30 days from the date on the warning letter to ask DOR/CSE for a hearing.
The DOR can also have your licenses taken away if you do not obey a subpoena, warrant, or summons in a paternity case or a child support case.
What happens at the hearing?
At the hearing, you must show that
- You do not owe any past-due child support;
- You are not the person who owes the past-due child support; or
- You currently obey a payment plan approved by DOR/CSE.
If you have a hearing and DOR/CSE decides that you still owe the past-due child support, they will send you a Final Determination of Delinquency.
What happens if I get a Final Determination of Delinquency?
The Final Determination of Delinquency says that DOR/CSE told the Registry of Motor Vehicles or other licensing authority to take away your license. See a sample Notice To Suspend License or Certificate.
After they get the notice from DOR/CSE, the RMV or other licensing authority sends you a notice say they have taken away your license.
What can I do if I disagree with the final decision to take away my license?
You can have a court review DOR/CSE’s decision.
If you do not agree with DOR/CSE’s decision to have your license taken away, you can ask a court to look at DOR/CSE’s decision. This is called “judicial review.”
Judicial review is a complicated process. Talk to a lawyer to find out about judicial review.
To get a judicial review, you must file a Complaint for Judicial Review within 45 days of the date on the notice from the licensing authorty that it has taken away your license.
The complaint is against DOR/CSE, not against the licensing authority.