Official Summary Text
AB 2195, as amended, Celeste Rodriguez.
Child support: license suspensions.
Existing law delegates to the Department of Child Support Services and local child support agencies the responsibility for collecting and enforcing child support obligations, including child support delinquencies, as defined. Existing law requires a local child support agency to maintain a list of those persons included in certain child support cases. Existing law requires the Department of Child Support Services to consolidate and certify the local child support agency lists and provide the consolidated list to specified state entities that are responsible for the regulation of licenses, including, but not limited to, the Department of Motor Vehicles. Existing law requires those entities, prior to the issuance or renewal of a license, to determine whether the applicant is on the most recent certified consolidated list provided by the department, and authorizes the entity to withhold
issuance or renewal of the license of an applicant on the list, as specified.
Existing law prohibits a local child support agency from issuing a release removing an obligor from license suspension or denial if the obligor is not in compliance with a judgment or order for support.
Existing law prohibits the department from including in the list sent to the Department of Motor Vehicles, for the purpose of denying, withholding, or suspending a driver’s license, the information of a support obligor whose annual household income is at or below 70% of the median income for the county in which the department or the local child enforcement agency believes the support obligor resides. Commencing January 1, 2027, existing law would only apply this prohibition to noncommercial driver’s licenses.
This bill would expand the prohibition on the department to also prohibit
the department from sending the above-described income information to all boards, as defined, that issue a license, certificate, credential, permit, registration, or any other authorization to engage in a business, occupation, or profession, or operate a motor vehicle, for the purpose of denying, withholding, or suspending a license.
The bill would remove the prohibition on local child support agencies to issue a release removing an obligor from license suspension or denial if the obligor is out of compliance with a judgment or order for support. The bill would require a local child support agency to send a notice to a support obligor found to be out of compliance with a judgment or order for support requesting them to submit employment and income documentation, as specified. The bill would create a rebuttable presumption that the obligor makes more than 70% of the median income if the obligor does not submit employment and
income documentation, as specified. The bill would prohibit a local child support agency from requiring additional employment and income documentation for 6 months if the agency finds the obligor’s annual income is at or below 70% of the area median income, as specified. After this 6-month period, the bill would authorize a local child support agency to request updated employment and income documentation if the obligor is delinquent on child support payments. By imposing additional duties on local child support agencies, the bill would create a state-mandated local program.
The bill would make
a conforming change.
conforming changes.
The California
Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.