GIVE ME MY LICENSE BACK! The Significance of Bell v. Burson in Child Support Arrears Cases
When it comes to child support arrears, it is essential to understand the legal implications and precedents that guide the resolution of such cases. One crucial case that has had a significant impact on child support arrears is Bell v. Burson, a landmark decision by the United States Supreme Court in 1971. You’ll want to download this document https://www.courts.wa.gov/subsite/mjc/docs/DOJDearColleague.pdf and use it along with a notice to get your license back from the corrupt system. Also a good resource if you are looking to collatoral attack Child Support Enforcement in the Federal District Court.
On a side note, I do not drive with a license, I travel in private but, I understand some need a licence for their employment. Also take caution when. you use the 14th amendment. I do not classify myself as a 14th amendment citizen I am a 4th amendment citizen. Again if you need a drivers licence you will need to use the 14th and realize you are contracting with the state. Some contracts are necessary.
The sections that I want to draw attention to, which after printing the document I would highlight in yellow highlighter are these sections and I would include these in my notice.:
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Courts must not use arrest warrants or license suspensions as a means of coercing the payment of court debt when individuals have not been afforded constitutionally adequate procedural protections.
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In many jurisdictions, courts are also authorized—and in some cases required—to initiate the suspension of a defendant’s driver’s license to compel the payment of outstanding court debts. If a defendant’s driver’s license is suspended because of failure to pay a fine, such a suspension may be unlawful if the defendant was deprived of his due process right to establish inability to pay. See Bell v. Burson, 402 U.S. 535, 539 (1971) (holding that driver’s licenses “may become essential in the pursuit of a livelihood” and thus “are not to be taken away without that procedural due process required by the Fourteenth Amendment”); cf. Dixon v. Love, 431
U.S. 105, 113-14 (1977) (upholding revocation of driver’s license after conviction based in part on the due process provided in the underlying criminal proceedings);
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Even where such suspensions are lawful, they nonetheless raise significant public policy concerns. Research has consistently found that having a valid driver’s license can be crucial to individuals’ ability to maintain a job, pursue educational opportunities, and care for families.8 At the same time, suspending defendants’ licenses decreases the likelihood that defendants will resolve pending cases and outstanding court debts, both by jeopardizing their employment and by making it more difficult to travel to court, and results in more unlicensed driving. For these reasons, where they have discretion to do so, state and local courts are encouraged to avoid suspending driver’s licenses as a debt collection tool, reserving suspension for cases in which it would increase public safety.
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The Background of Bell v. Burson
In Bell v. Burson, the Court addressed the issue of suspending driver’s licenses as a means of enforcing the payment of fines or judgments. Although the case did not directly involve child support arrears, its principles have been applied to child support enforcement cases. Personally I don’t like to use the 14th amendment but if you are in need of a drivers license for work then you need to wrap your head around this case law.
In the case, the Court recognized that the suspension of a driver’s license could have severe consequences on an individual’s ability to earn a living and meet their financial obligations. The Court emphasized that due process must be followed before depriving an individual of their driver’s license.
The Application of Bell v. Burson to Child Support Arrears
Child support arrears occur when a noncustodial parent fails to make the required payments for the financial support of their child. To enforce child support obligations, states have implemented various measures administered in a quasi court, such as wage garnishment, tax refund interception, and suspension of driver’s licenses.
Bell v. Burson has been cited in child support arrears cases to ensure that the suspension of a driver’s license is done in a manner consistent with due process. It emphasizes the importance of providing individuals with notice and an opportunity to be heard before their license is suspended.
When a parent falls behind on child support payments, the custodial parent or the state child support enforcement agency may seek enforcement remedies, including the suspension of the noncustodial parent’s driver’s license. However, before taking such action, it is crucial to follow the guidelines set forth in Bell v. Burson.
The Importance of Due Process
Due process is a fundamental right guaranteed by the United States Constitution. It ensures that individuals are treated fairly and have the opportunity to present their case before being deprived of their rights or property.
In the context of child support arrears, due process requires that the noncustodial parent receives notice of the arrears and an opportunity to be heard before their driver’s license is suspended. This allows the parent to present any relevant evidence or arguments regarding their ability to pay or any extenuating circumstances that may have contributed to the arrears.
By following the principles of due process outlined in Bell v. Burson, courts can make informed decisions regarding the suspension of a driver’s license for child support arrears. This ensures that the enforcement measures taken are fair and reasonable, taking into account the individual’s circumstances.
Conclusion
Bell v. Burson serves as an essential precedent in child support arrears cases, particularly regarding the suspension of driver’s licenses as an enforcement measure. It highlights the importance of due process and ensures that individuals are provided with notice and an opportunity to be heard before their license is suspended.
When dealing with child support arrears, it is crucial to understand the legal implications and precedents that guide the resolution of such cases. By adhering to the principles set forth in Bell v. Burson, courts can ensure that the enforcement measures taken are fair, just, and in compliance with due process.