BAR REPORT - Capitol Report
NJ Supreme Court relaxes driver's license suspensions in child support orders
January 25, 2021 at 08:03 AM
3 minute read
The New Jersey Supreme Court order issued earlier this month relaxes and supplements Rules 5:7-4A and 5:7-5 to conform to a statutory amendment that prohibits an automatic suspension of a child support obligor's driver's license upon the issuance of a child support-related warrant. N.J.S.A. 2A:17-56.41 was amended in 2019 to prohibit suspensions, but became effective on Jan. 1 of this year.
The order ends the practice of suspending driver's licenses by operation of law, but permits a suspension if, after adequate notice and an opportunity for a hearing, the court finds a license suspension is warranted.
This issue was the focus of a challenge brought on behalf of non-custodial parents to challenge these suspensions without having an opportunity to rebut any findings causing a suspension. Judge Mary C. Jacobson issued a 187-page opinion in 2018 finding that automatic suspensions must meet the minimal requirements of procedural due process, including notice and an opportunity to be heard. The matter was brought by New Jersey State Bar Association (NJSBA) member David Perry Davis, who died in October 2019.
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