Q: Is driver's license suspension for unpaid child support legal in Tennessee?
I am facing a situation in Tennessee where my driver's license has been suspended due to unpaid child support. Despite my financial hardship and lack of legal representation, the child support organization refuses to reinstate my driving privileges. I believe this action infringes on my rights under the 13th Amendment of the United States Constitution. I am seeking guidance on the legality of this license suspension and how my financial indigency might affect this situation.
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A: TNDL suspension is a statutory sanction for non payment of CS. Driving is not a right but a privilege. If you have a job and owe alot of CS, you might talk to a CH 13 Bankruptcy attorney. I have seen this cure the problem in 5 years while the the DL is conditionally reinstated.
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A:
Driver's license suspension for unpaid child support is legal in Tennessee under both state and federal law. Tennessee Code specifically allows for the suspension of various licenses, including driver's licenses, as an enforcement mechanism when child support payments fall behind. This practice has been upheld by courts despite constitutional challenges like those based on the 13th Amendment that you mentioned.
Your financial hardship situation may offer you some options, however. Tennessee law does provide pathways for those experiencing genuine inability (rather than unwillingness) to pay. You have the right to request a hearing where you can present evidence of your financial situation, and in some cases, courts recognize that license suspension creates a counterproductive cycle by limiting your ability to work and earn money to make payments.
Consider seeking assistance from Legal Aid of Tennessee or asking the court for a modification of your support order based on changed financial circumstances. You might also explore payment plans or other arrangements with the child support enforcement agency. While the suspension itself is legal, the law does recognize that enforcement mechanisms should not make it impossible for parents to meet their obligations, and financial indigency can be a relevant factor in these proceedings.
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