§ 20-6-111 — Driver's license suspension; nonpayment of child support; administrative hearings

(a) When an obligor is in arrears in a court ordered child
support obligation, the department or court may:
(i) Determine whether the obligor has a driver's
license, as defined in W.S. 31-7-102(a)(xxv), that is subject to
withholding, suspension or restriction; and
(ii) Obtain a court ordered withholding, suspension
or restriction of the license unless the obligor pays the entire
arrearage or enters into a payment plan approved by the
department.
(b) The court, on motion of the department or on its own
motion, may direct the department of transportation to withhold,
suspend or restrict the license and the department or the court
shall send certified copies of the court order to the obligor,
at the obligor's last known address, and to the department of
transportation instructing that the department of transportation
notify the obligor of the license withholding, suspension or
restriction in accordance with the licensing procedures, and
that the withholding, suspension or restriction shall remain in
effect until the department of transportation is notified by the
department or the court that the obligor is in compliance with
the court order or has entered into a payment plan approved by
the department.
(c) If at any time an obligor has complied with the terms
of the court order, or has entered into a payment plan approved
by the department, the court or the department, whichever has
caused notice to be initially provided, shall immediately notify
the department of transportation that the withholding,
suspension or restriction may be lifted and the license may be
reinstated if the obligor is otherwise eligible for
reinstatement.
(d) Nothing in this section shall prohibit subsequent
orders and notices for subsequent arrearages if the obligor is
again subject to the provisions of this section.
(e) The department shall adopt rules and regulations to
ensure notice is provided in an immediate and timely manner to
the department of transportation that an obligor is in
satisfactory compliance with the court order under this section.
Upon receipt of the notice, the department of transportation
shall immediately reinstate the license unless the license was
suspended or revoked for other reasons. The department of
transportation shall adopt reasonable rules and regulations to
ensure the license is immediately reinstated upon receipt of the
notice.
(f) The department may determine that a driver's license
suspension may be better achieved through an administrative
suspension if the obligor owes more than two thousand five
hundred dollars ($2,500.00) in unpaid child support and the
obligor has not made a full monthly child support payment either
voluntarily or through income withholding for a period of at
least ninety (90) consecutive days prior to the determination.
The department shall notify the obligor by first class mail or
by personal service if notification by first class mail was
unsuccessful, that the obligor is in arrears in a child support
obligation and that the obligor's driver's license as defined in
W.S. 31-7-102(a)(xxv) shall be suspended by the department of
transportation sixty (60) days after the date the obligor
receives the notice unless the obligor:
(i) Pays the entire arrearage owed;
(ii) Enters into a payment plan approved by the
department; or
(iii) Is in full compliance with a court ordered
payment plan.
(g) Repealed By Laws 2009, Ch. 155, § 2.
(h) Any suspension arising under subsection (f) of this
section may be appealed to the district court. The person whose
license or driving privilege is affected may file a request for
a hearing in the district court in the county where the child
support order was issued. The person shall have sixty (60) days
from the date of service of the notice of intent to suspend in
which to file the request for hearing. A timely request for
hearing shall stay imposition of any suspension under subsection
(f) of this section. The district court shall immediately set
the matter for determination.
(j) Before the license or driving privilege of any person
is to be withheld, suspended or restricted under this article,
the department shall advise the licensee in the notice required
under subsection (f) of this section of his right to appeal to
district court for any dispute involving:
(i) Repealed By Laws 2009, Ch. 155, § 2.
(ii) Repealed By Laws 2009, Ch. 155, § 2.
(iii) Repealed By Laws 2009, Ch. 155, § 2.
(iv) The amount of current child support owed or
arrearage;
(v) The identity of the alleged obligor named in the
notice of suspension;
(vi) The willfulness of any action or inaction of the
obligor that contributed to the nonpayment of child support. As
used in this paragraph, "willfulness" means without justifiable
excuse.
(k) Repealed By Laws 2009, Ch. 155, § 2.
(m) Repealed By Laws 2009, Ch. 155, § 2.
(n) The discretion to modify any order of suspension under
this section to allow driving privileges is limited as follows:
(i) A person whose driving privileges have been
suspended for nonpayment of child support may be granted limited
driving privileges by the district court or the department of
transportation for a period not to exceed one hundred twenty
(120) days;
(ii) A person granted limited driving privileges
under this subsection by the district court or the department of
transportation shall not be granted an extension of such
privileges for twelve (12) months after the limited driving
privileges expire unless the person has subsequently made full
payment on his child support obligation in arrears, or is in
full compliance with a payment plan approved by the department
or ordered by a court.
(iii) Repealed By Laws 2009, Ch. 155, § 2.
(o) After the obligor has paid his child support
arrearages in full or has entered into a payment plan with the
department, the department shall notify the department of
transportation immediately and request the department of
transportation to return the driver's license of that obligor
pursuant to this section.