HB 267 - Prohibits Family Court From Imposing a Sentence of Incarceration or a Suspension of an Individuals License for Failure to Pay Child Support - Delaware Key Vote

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Title: Prohibits Family Court From Imposing a Sentence of Incarceration or a Suspension of an Individuals License for Failure to Pay Child Support

Vote Smart's Synopsis:

Vote to pass a bill that prohibits family court in the state of Delaware from imposing a sentence of incarceration or a suspension of an individual's drivers license for failure to pay child support.

Highlights:

  • Establishes that punishments regarding failure to support a spouse or child may not include incarceration, unless their failure was willful and not due to inability to pay support (Sec. 1) 

  • Requires the defendant to enter into a bond or other adequate collateral security if they are unable to pay the obligations to the Court (Sec. 1). 

  • Authorizes the court to cancel the bond or collateral security after proof of a full payment (Sec. 1). 

  • Authorizes the court to suspend obliger’s license if they owe over $1,000 in arrears or retroactive given the payment is over 30 days late (Sec. 1). 

  • Establishes that the obliger will remain ineligible for the issuance or renewal of a license until the obligor gets a written Court certification (Sec.1). 

  • Requires the court to consult with the Division of Child Support Services to ensure the application of the license suspension program is equitable (Sec. 1).

Title: Prohibits Family Court From Imposing a Sentence of Incarceration or a Suspension of an Individuals License for Failure to Pay Child Support

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