License Revocation/Suspension

New Jersey Judiciary Probation Child Support Enforcement

Section 1606 - Revised 08-03-2021

A. Authority  

New Jersey Statutes Annotated:	N.J.S.AU. 2A:17-56.41 et seq N.J.S.AU. 2A:17-56.8 N.J.S.AU. 2A:17-56.44 N.J.S.AU. 2A:17-56.43
New Jersey Court Rules:	5:7-5(b)

B. Overview

Among the enforcement tools available to Probation Child Support Enforcement (PCSE) Units is the ability to request the Court to revoke or suspend a New Jersey driver’s, professional, recreational, or occupational license held by a Non-Custodial Parent (NCP)/obligor.

The Superior Court may only make a recommendation to revoke a license to practice law. It is within the exclusive purview of the New Jersey Supreme Court to actually revoke the license. Should the Superior Court recommend this suspension, it should be forwarded to the Supreme Court.

Note: Pursuant to R.5:7-5(2), it provides that a license to practice law may be suspended under the same statutory standards as other occupational licenses. The Order shall notify the Supreme Court to suspend the obligor’s license to practice law and suspension is governed by R. 1:20-11A.

Effective January 1st, 2021, N.J.S.A. 2A:17-56.41 was amended to remove the provision that automatically suspended a driver’s license by operation of law when a child support bench warrant was issued.

C. Selection Criteria

The following NJKiDS criteria must be met for the License Suspension chain to automatically open to worker review for a New Jersey driver’s license:

1. Open IV-D case;
2. New Jersey driver’s license must be confirmed good on NJKiDS Member Licenses/MLIC page;
3. Confirmed Good NCP/obligor address;
4. New Jersey is the enforcing state;
5. A license suspension activity chain is not open on Enforcement Processes/CPRO, for the same member/license number/Case ID combination;
6. No active compliance schedule on Compliance Schedule/COMP (i.e., lump payment, missed payment);
7. The Relief to Litigant – Cash Support or the Relief to Litigant – Medical Support activity chain was completed no less than 6 months and no more than 12 months;
8. No regular payment in the last 90 calendar days; Regular payments include cash, check, or money order, employer wage payments, unemployment insurance benefits’ (UIB) payments and Social Security Administration (SSA) payments;
9. No active bankruptcy (Chapter 7, 11, 12 or 13);
10. The child support arrears equal or exceed the amount of child support payable for 6 months;
11. Court-ordered medical/health care coverage is not provided for period of 6 months;
12. There are no pending motions to modify the child support order (active Modification Process activity chain); and
13. Issuance of a bench warrant.

When PCSE staff receive an action alert/task for license suspension for cases with an active bench warrant, staff should consult with their supervisor/manager and must choose one of the following:

1. Reject the license suspension chain; or
2. Recall the warrant and then proceed with the License Suspension chain

D. Notification Process

The license suspension chain may also be opened manually by a case worker for one of the following reasons:

1. The NCP/obligor fails to respond to a subpoena relating to a paternity or child support action and 30 days have elapsed with no change in the warrant status; or
2. For any active New Jersey professional, recreational or occupational licenses that are present on NJKiDS Member Licenses/MLIC page. These licenses require researching the license through external databases to confirm they are active prior to starting the chain.

Note: Manually selected cases must meet the same NJKiDS screening criteria outlined in section C. The service addresses of many professional and occupational licenses may be found on the Official Website for the State of New Jersey (http://www.nj.gov/njbusiness/licenses).

E. Review of the Case and Notification to NCP/Obligor

1. Once a case has been selected by NJKiDS criteria or manually opened, the system will send an action alert/task to the worker.
2. The worker has 10 business days to review the case. Review of the case must include:
   1. Ensuring the criteria from the sections above still exist; and
   2. Completion of the Enforcement Review Checklist. The Enforcement Review Checklist must be linked to the case in the License Suspension chain.

      1. Note: Upon review of the Enforcement Review Checklist and case circumstances, or if the NCP/obligor is in compliance with a court-ordered plan, disabled or involuntarily unemployed (no fault of the NCP/obligor), or made a regular payment since the license suspension chain opened, then the PCSE worker should not pursue license suspension and reject the activity chain in NJKiDS.

3. The PCSE worker should review all external license databases to determine any licenses possessed by the NCP/obligor that are not on Member Licenses/MLIC and any license information should be updated accordingly.

   1. Note: Based on NCP's/obligor active licenses, the worker must consult with the supervisor to determine which licenses should be considered for suspension.

4. If the worker advances the chain to "Supervisor Approval", the supervisor has 5 days to approve or disapprove suspension. The supervisor must review each license suspension request carefully, including the Enforcement Review Checklist to ensure that all enforcement remedies have been exhausted and the case still meets all of the criteria listed above. Driver's license suspension must only be used as a last resort to gain compliance.
5. If approved by the supervisor, the Notice of Intent to Suspend License and License Suspension Response Form (CS130) are sent to the NCP/obligor.
6. The chain will advance to the "Record NCP Response to Notice" step and the NCP/obligor has 30 days to respond.
7. If, during the 30-day response period, the NCP/obligor no longer meets the criteria listed above and a supervisor approves, the worker can close the chain using "No Longer Eligible for Remedy" and the Notice to Withdraw Intent to Suspend License (CS139) is generated and sent out to the NCP/obligor.

F. NCP/Obligor Fails to Respond to the CS130

1. Should the NCP/obligor not respond to the CS130, the worker will review the case to determine if suspension is still appropriate. If appropriate, the chain will be advanced for the supervisor's approval.
2. If the chain is advanced and the supervisor disapproves the remedy, text should be entered detailing the reason for the disapproval in the space provided on the Enforcement Processes/CPRO and Create Note to File/NOTE pages. The chain will then go back to the worker review step.

   1. Note: If the remedy is disapproved by the worker, the case will not be selected again for 60 days but can be reopened manually.

3. If approved by the supervisor, NJKiDS will generate the Civil Action - Certification in Support of Proposed License Suspension (CS133) and the Civil Action Order - License Suspension (CS132). Documents are sent to the NCP/obligor by certified and regular mail.
4. The status of the license is set to suspend on Member Licenses/MLIC and a suspension transaction is sent to Motor Vehicle Commission (MVC) via a nightly batch file. The chain will advance to "Monitor for Restoration". Other license suspension orders need to be manually sent out to their respective agencies.

   1. Note: If the NCP/obligor requests a hearing after the license is suspended, the case must be scheduled for a Status Review Hearing before a judge or Child Support Hearing Officer (CSHO).

G. NCP's/Obligor's Response to the CS130

1. If the NCP/obligor returns the CS130 with a court order exempting the case from license suspension, or proof of medical/health care coverage, the worker will receive the "Review LSNR Remedy Progress" task.
2. The worker must review the documentation, and if sufficient to demonstrate that license suspension is no longer appropriate, the worker will select "No Longer Eligible for Remedy". The chain will close and NJKiDS will generate the CS139 to the NCP/obligor.
   1. Note: Court orders provided by the NCP/obligor that are not on NJKiDS, must be uploaded in accordance with AT 20-13. Medical/health care coverage information must be added to Add Healthcare Insurance/MDIN page.
3. If the documentation provided is not sufficient, the worker will select "Insufficient Documentation Received" and the chain will move back to the "Record NCP Response to Notice" step. The 30-day response period will restart for this process. The worker must contact the NCP/obligor to discuss the missing/incorrect informaton and explain what is needed to rectify the deficiency.

H. NCP/Obligor Contest/Request Hearing of Proposed License Suspension/Revocation

1. Upon receipt of the CS130 indicating a hearing is requested, the chain will automatically select "Record Supervisor Approval to Schedule Hearing". Upon supervisor approval, the RP031 Probation Calendaring Role will receive the "Schedule Hearhing" Task.
2. The following documents generate when the case is scheduled for the hearing:
   1. Civil Action - Notice of Motion for Hearing to Contest Proposed License Suspension (CS136);
   2. Civil Action- Certification in Support of Notice of Hearing to Contest Proposed License Suspension (CS137); and
   3. Notice of Hearing (CS073).
3. Prior to the hearing, the PCSE worker must review the appropriate NJKiDS pages and case file for all documentation relevant to this matter as follows:
   1. Ensure that all orders are present;
   2. Review any pending litigation;
   3. Highlight relevant correspondence;
   4. Ensure that addresses are verified for the Custodial Parent (CP)/obligee and NCP/obligor;
   5. Review the most recent order;
   6. Review if case has a family violence indicator;
   7. Determine NCP's/obligor incarceration status; and
   8. Review and update the information on the Court Summary Report.
4. The hearing can be scheduled before a judge or a CSHO. The court must first make a determination if the NCP/obligor has an ability to comply. If the NCP/obligor does not have any ability to comply, the court must dismiss the license suspension. If the court finds the NCP/obligor is found to have an ability to comply, the court must order a license suspension or a payment plan for compliance.
5. The PCSE worker will then present the case to the judge or CSHO.
   1. Note: For NCPs/obligors with multiple licenses, the court may consider the suspension of one or more of the licenses at the hearing.
6. If New Jersey is enforcing an intergovernmental case, a Child Support Enforcement Network (CSENet) transaction generates a Notice of Upcoming Hearing transaction to the initiating state.
7. Upon completion of the hearing, the PCSE worker must update the View/Update Notes/NOTE page to reflect the outcome of the hearing, whether the license is suspended, a compliance schedule is ordered, or the matter is dismissed.
8. If license suspension is ordered at the hearing, "License Suspension Ordered" is selected in the chain and the CS132 is sent to the judge for signature.
9. If a payment plan is ordered, the appropriate fields are updated by the worker, "Compliance Schedule Ordered" is selected and the Civil Action Order - Payment Plan of Child Support Arrearages in Lieu of License Suspension (CS138) is sent to the CHSHO or judge for signature. Once signed by the judge, the chain is advanced to the "Monitor Compliance" step.
10. If the license suspension is dismissed or relisted, the Uniform Summary Support Order (CS526) is generated for signature. If the hearing is cancelled and not rescheduled, the Notice of Proceeding Cancellation (CS632) is generated for signature.

I. Payment Plan/Monitor for Compliance

1. The court must order a payment plan which requires the NCP/obligor to pay 25% of the child support arrearages within 3 days of the date of the order and pay the remainder in 1 year of the order date or the date the youngest dependent turns 18, whichever occurs first (not to exceed 1 year). The NCP/obligor must also pay all current support payments timely. A missed payment, where an extension has not been requested by the NCP/obligor, will result in the immediate suspension of the license.
2. Upon the court ordering a payment plan, the chain will advance to “Monitor Compliance” and the worker must enter a compliance schedule that reflects each payment using the miss payment type with no bench warrant stipulation. Should the NCP/obligor become non-compliant, the RP035 worker will receive a “Compliance Alert” task. The worker will review the case, resolve the task, and select “non-compliant” in the chain. The RP037 worker will receive the “Worker Review” task and select “Compliance Schedule Not.
3. When the NCP/obligor is compliant, the worker selects “Compliance Schedule Satisfied” and the chain closes.
4. Should the NCP/obligor be unable to comply, the NCP/obligor can contact PCSE to request an extension of their payment plan. PCSE can schedule the hearing by Status Review before a judge or CSHO.
5. At the hearing, the judge can extend the plan, continue with the existing plan, or order immediate suspension. If the plan is extended, the worker selects “Reset End Date on Compliance Schedule” and updates the end date on Compliance Schedule/COMP page.
6. It the plan remains unchanged, no action is required, and the chain remains in the “Monitor Compliance “step.
7. If the judge orders immediate suspension, the worker selects “License Suspended Through Prior Order” and enters the suspension date in the action date field of the chain. The license suspension process proceeds.

J. License Restoration

1. When the arrears are paid to $0, medical/health care coverage is entered in NJKiDS or the bench warrant activity chain closes, the RP037 worker receives the “Worker Review for Restoration” task.
2. The worker must review the case to determine if restoration is appropriate.
   1. Caseworkers should review the case to determine if the NCP/obligor still meets the criteria for license suspension. If the NCP/obligor no longer meets the criteria, the caseworker must review the case with a supervisor prior to restoration.
   2. If restoration is not appropriate and the NCP/obligor still meets the criteria, the worker selects “Ineligible for Restoration” and the case remains in the “Monitor for Restoration” step.
3. If the restoration is appropriate, the worker selects “Eligible for Restoration” and the chain advances to supervisor approval. Once approved, the Civil Action Order – License Restoration (CS134) and Civil Action – Certification in Support of License Restoration (CS135) are generated for the judge’s signature. Once signed, the documents are sent to the NCP/obligor, the license status is set to “Reinstated” on Member Licenses/MLIC and the restoration is sent to MVC. Other license restoration orders need to be manually sent out to their respective agencies.
4. If the license is restored through a court order, the worker selects “License Restored Through Prior Order” and the chain advances to supervisor approval.
5. Once approved, the CS134 and CS135 are generated for the judge’s signature. Once signed, the documents are sent to the NCP/obligor, the license status is set to “Reinstated” on Member Licenses/MLIC and the restoration is sent to MVC. Other license restoration orders need to be manually sent out to their respective agencies.

K. Probation License Suspension/Revocation Order Review Procedures

1. An NCP/obligor may contact the PCSE Unit informing staff that he/she cannot meet the payment plan requirements detailed in a License Suspension/Revocation Order or is seeking to have his/her license restored. As the PCSE Unit has no authority to change the order, the following procedures must be followed when the NCP/obligor seeks to have the order reviewed.

   1. Note: These procedures are to be used by the PCSE Unit only when an NCP/obligor requests a review of the License Suspension/Revocation Order that was entered as the result of the License Suspension Revocation Procedures described above. All other requests to modify a child support order must be filed with the Family Division in the county of venue.

2. The NCP/obligor must request to go to court by contacting the PCSE office that is enforcing the case.
3. PCSE staff must detail the events on the View/Update Notes/NOTE page and schedule for a Status Review Hearing.
4. PCSE staff can refer to section 1620 Status Review Hearing Procedures to prepare the necessary documents.
5. PCSE staff presents the case to the judge or CSHO as a License Suspension Order Review. The date and provisions of the License Suspension/Revocation Order and any other case history should be noted for the record.
6. Any changes to the License Suspension/Revocation Order must be recorded on the View/Update Notes/NOTE page and the Update Compliance Schedule/COMP page must be reset to reflect any changes. If license is being restored, the worker must select “License Restored Prior Order”.
7. On cases where the arrears are satisfied, PCSE staff should update NJKiDS to begin the restoration process. Once the restoration order has been signed, NJKiDS will trigger a reinstatement transaction to MVC. For all other licensing agencies, PCSE staff must provide a copy of the restoration order. The NCP/obligor must pay all applicable restoration fees to the licensing agency before the license may be restored.

License Suspension/Revocation Procedures – List of Associated NJKiDS Forms

NJKiDS CS Number:	NJKiDS Form Titles
CS130	Notice of Intent to Suspend License and License Suspension Response Form
CS139	Notice to Withdraw Intent to Suspend License
CS133	Civil Action – Certification in Support of Proposed License Suspension
CS132	Civil Action Order – License Suspension
CS136	Civil Action – Notice of Motion For Hearing to Contest Proposed License Suspension
CS137	Civil Action – Certification in Support of Notice of Hearing to Contest Proposed License Suspension
CS073	Notice of Hearing
CS138	Civil Action Order – Payment Plan of Child Support Arrearages In Lieu of License Suspension
CS526	Uniform Summary Support Order
CS632	Notice of Proceeding Cancellation
CS134	Civil Action Order – License Restoration
CS135	Civil Action – Certification in Support of License Restoration

NJCSI Handout Materials

For NJKiDS instructions on the following topics, click the links below:

• License Suspension and Non-renewal
• Member Licenses

New Jersey Judiciary Probation Child Support Enforcement, revised 7-2015