Petition to stay a suspension, grounds, procedure
If someone's license was suspended because they owe child support, they can ask a court or the director to pause (stay) that suspension. A court can pause it if keeping the license suspended would cause serious hardship to the person, their workers, their family, or people they serve. A court or director can also pause it if the person agrees to a payment plan. The pause ends if the hardship goes away, the person breaks the payment plan, or the pause period runs out. To get a driver's license turned back on, the person pays a $20 fee.
454.1010. to a , grounds, procedure — required, when. — 1. An may, at any time, petition a court or the for an to stay the suspension of a . Any petition seeking to stay an order of the director shall be on the director.
2. The court or director may consider the obligor's petition for a stay separately from any on the suspension of a license.
3. The court, but not the director, may stay suspension of a license upon a showing that a suspension or continued suspension of a license would create a to the obligor, the obligor's employees, any residing in the obligor's household, or persons, businesses or other entities served by the obligor.
4. The court or director may stay suspension of a license upon entry of a or receipt of adequate that the obligor shall comply with an existing payment plan.
5. A stay shall terminate if:
(1) A court that the significant hardship circumstance 3 of this section has ended;
(2) The court or determines that the obligor has failed to abide by the terms and conditions of a payment plan; or
(3) The order staying suspension of a license has a date and such date has been reached.
6. If the is notified of an , the court or division shall send a copy of any order staying or reimposing suspension of the license to the licensing authority and the obligor by .
7. Upon receipt of an order staying or reimposing suspension of the license, the licensing authority shall:
(1) Enter the on records;
(2) notice of the to the ; and
(3) If required by law, surrender of the license or the license.
8. No additional action by the licensing authority shall be required to implement a stay or of suspension of a license.
9. This section shall be the for the obligor to obtain an order staying suspension of a license pursuant to sections 454.1000 to 454.1025. Any other providing for the of hardship licenses, including, but not limited to, those provided in section 302.309, do not apply to suspensions pursuant to sections 454.1000 to 454.1025.
10. No person shall be required to file with the as a condition of reinstatement of a driver's license suspended solely pursuant to the provisions of sections 454.1000 to 454.1025.
11. Any person whose license to operate a motor vehicle in this state has been suspended pursuant to this section shall, before having the license reinstated, pay to the a reinstatement fee of twenty dollars.
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Source & history notes
(L. 1997 S.B. 361) Effective 7-01-97
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