Wrongfully accelerated arrears repayments lead to reversal of driver’s license suspension
Topic: Child Support, Decided by: Judge Fry
Docket Number: 0000000 , Decision Date: May 8, 2023
Attachment: Click here to download the decision.
Docket Number: 0000000 , Decision Date: May 8, 2023
Attachment: Click here to download the decision.
In this case, the Court reversed Child Support Services’ suspension of a support obligor’s driver’s license because the agency had wrongfully accelerated the obligor’s arrears repayments without a court order. The Court determined that, because accelerations of payments serve as a punishment, their use must be narrowly construed. In reviewing the acceleration clause in one of the obligor’s support orders, the Court found it did not include “self-executing language” and it applied only to current support payment, not arrears repayments.