Relief Pursued for Thousands of Missourians with License Suspensions

Suit Aims to Benefit Children and Parents in Missouri

Equal Justice Under Law is seeking relief in its federal lawsuit, Wright v. Family Support Division, filed in Missouri federal court in March of this year.  The suit aims to end Missouri’s practice of suspending driver’s licenses of parents who are unable to pay child support.  Most people want to support their children; however, suspending the driver’s licenses of people who are struggling only drives these parents into further debt, making it more difficult for them to pay child support.

 On Friday, November 1, 2019, Equal Justice Under Law filed two motions in the Wright v. Family Support Division case.  The first motion is to certify the class of all Missouri drivers whose driver’s licenses are or will be suspended for inability to pay child support.  Over 40,000 Missouri drivers currently have driver’s license suspensions because they owe past-due child support.  There are four named plaintiffs in this case, and we aim to make the case a class action lawsuit to benefit all affected parents.  The second motion is for a preliminary injunction in which we are requesting immediate relief while the lawsuit is ongoing.  For these parents, driver’s license suspensions are causing ongoing irreparable harm and driving families further into debt. We are asking the court to provide injunctive relief until the suit is finalized. 

 Particularly in a state like Missouri with few public transportation options available, not having a driver’s license can be crippling to one’s mobility.  Restricted travel makes it more challenging for parents to secure or maintain employment, which inhibits their ability to earn income that could go toward the child support they owe.  Suspending the driver’s licenses of non-custodial parents also makes it more difficult for them to see their children regularly and to share in the care of their child, as they are no longer able to drive their children to doctor’s appointments or school activities.  Phil Telfeyan, Executive Director of Equal Justice Under Law, states, “License suspensions are designed by the state to coerce payment; however, for those who are unable to pay, it further punishes the parents and lessens their ability to support their children. This is not in the best interests of children or parents, and our lawsuit aims to end this practice.”

 One of the named plaintiffs in this case, Ashley Gildehaus, lost his commercial driver’s license because of his suspension for unpaid child support.  This has severely decreased his earning potential and made it difficult for him to provide for his two younger children and to pay child support for his older son.  Thousands of Missourians are similarly impacted by these suspensions.

 The hearing on these motions is scheduled for December 11, 2019.  Phil Telfeyan states, “We believe the court will understand the crippling effects that license suspension imposes on parents, and therefore on their children.  It is in the best interests of children and parents to eliminate this barrier and thereby enable parents to visit their children and earn income to support their children.”