Current through September 2, 2024
01.
Definitions. The following definitions apply for this section of rules:
a. "Obligor" means an individual who is ordered to pay child support under an order issued by a court or authorized administrative authority.
b. "Obligee" means an individual who is ordered to receive child support under an order issued by a court or authorized administrative authority.
c. "Motor Vehicle License" means a license required to operate any type of motor vehicle.
d. "Occupational or Professional License" means a license issued to allow a person to practice or engage in any business, occupation, or profession.
e. "Recreational License" means a license, certificate, or permit authorizing an individual to engage in any recreational activity including, but not limited to, hunting, fishing, and trapping.
02.
Res Judicata. No issues that have been previously litigated may be considered at the license suspension hearing.
03.
Good Cause in Motor Vehicle and Occupational License Suspension Proceedings. The license suspension will be denied or stayed if the obligor proves one (1) of the following conditions exist:
a. The obligor has been declared physically disabled by Social Security, workman's compensation, or another competent authority that works with disabled individuals, and that the disability has directly resulted in the current inability to pay the child support obligation;
b. The obligor is experiencing the effects of an extended illness or accident that has directly resulted in the current inability to pay the child support obligation;
c. The obligor is a student whose enrollment is a result of a referral from Vocational Rehabilitation, workman's compensation, or other competent authority working with disabled individuals;
d. The obligor is incarcerated in any county, state, or federal correctional facility, and proves that they have no assets.
e. The obligor is receiving Temporary Assistance for Families in Idaho (TAFI) or Supplemental Security Income benefits;
f. The obligor has court-ordered physical custody of all of the children listed in the order or orders for support;
g. Child support is being collected directly from the obligor's income through an income withholding order issued by the Department to the obligor's employer or other income source.
04.
Not Good Cause in Motor Vehicle and Occupational License Suspension Proceedings. Any factor not defined as good cause in Subsection 302.03 of this rule is not good cause for a denial or stay of a license suspension, including but not limited to the following:
a. The obligor is unemployed, underemployed, or has difficulty maintaining consistent employment;
b. The obligor claims to be disabled but has not applied for disability or other benefits, or has been refused benefits;
c. The obligor asserts that the child support obligation is too high;
d. The obligor has been denied full visitation with the child or children; or
e. The obligor alleges the obligee misuses the child support.
05.
Good Cause in Recreational License Suspension Proceedings. The license suspension will only be stayed if the obligor proves one (1) of the following conditions exist:
a. The obligor is receiving TAFI or Supplemental Security Income benefits; or
b. The obligor has court-ordered physical custody of all of the children listed in the order or orders for support.
Effective March 15, 2022
