House committee approves child support bill

Published: Thursday, Jan. 18, 2007 12:12 a.m. MST
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A measure to suspend the drivers' licenses of habitual nonpayers of child support received legislative support Wednesday.

The House Law Enforcement and Criminal Justice Committee unanimously approved HB15, sponsored by Rep. Julie Fisher, R-Fruit Heights. The measure authorizes the state Office of Recovery Services to order the suspension of the driver's license of an individual in arrears on his or her child support.

Fisher ran a similar bill last year in an attempt to address the $325 million owed in back child support payments. A December 2005 legislative audit recommended license suspension as a tool to encourage payment in specific situations.

"This bill is not the silver bullet, but it provides a credible threat to those who can pay but who choose not to pay," Fisher said.

Last year, the measure passed the House and died in the Senate on tie vote.

Several people spoke in favor of HB15 Wednesday, including custodial parents whose former spouses have failed to pay their court-ordered child support. Lori Russell testified that her ex-husband has been continually behind on his child support payments since their divorce 10 years ago, even though she believes he has the financial ability to pay the obligation.

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"I would just really, really ask that we do anything we can to collect the child support," Russell said. "We just really need to do whatever we can. This is proven to help."

Thirty-six states currently allow for driver's license suspension in child-support cases. Colorado officials in 2004 collected $7.6 million in back payments using the suspension penalty, Fisher told committee members.

The Office of Recovery Services estimates as many as 18,000 Utahns would meet the criteria for license suspension under the proposed law. However, director Mark Brasher testified Wednesday that the office would move forward cautiously if HB15 passes, applying its new administrative authority to only the most egregious cases.

Under HB15, the Office of Recovery Services could begin suspension proceedings after noncustodial parents are at least 60 days behind in their child support payments. It also allows the noncustodial parent to seek a conditional driving permit, which would allow them to drive only for work, church or visitation with their children.

"The intent of the bill is not to create barriers for people that are genuinely trying to gain full employment," Brasher said, addressing concerns that HB15 would deprive noncustodial parents of transportation to gainful employment, thus causing them to fall further behind on their obli- gations.

"I think the intent here is those who are intentionally avoiding paying support and we could show they have the means to do so," he said.


E-mail: awelling@desnews.com

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