Current through August 31, 2023
01.
Definitions. The following
definitions apply for this section of rules: (3-15-22)
a. "Obligor" means an individual who is
ordered to pay child support under an order issued by a court or authorized
administrative authority. (3-15-22)
b. "Obligee" means an individual who is
ordered to receive child support under an order issued by a court or authorized
administrative authority. (3-15-22)
c. "Motor Vehicle License" means a license
required to operate any type of motor vehicle. (3-15-22)
d. "Occupational or Professional License"
means a license issued to allow a person to practice or engage in any business,
occupation, or profession. (3-15-22)
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.
(3-15-22)
02.
Res
Judicata. No issues that have been previously litigated may be
considered at the license suspension hearing. (3-15-22)
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: (3-15-22)
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; (3-15-22)
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; (3-15-22)
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; (3-15-22)
d. The obligor is incarcerated in any county,
state, or federal correctional facility, and proves that they have no assets.
(3-15-22)
e. The obligor is
receiving Temporary Assistance for Families in Idaho (TAFI) or Supplemental
Security Income benefits; (3-15-22)
f. The obligor has court-ordered physical
custody of all of the children listed in the order or orders for support;
(3-15-22)
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. (3-15-22)
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: (3-15-22)
a. The obligor is
unemployed, underemployed, or has difficulty maintaining consistent employment;
(3-15-22)
b. The obligor claims to
be disabled but has not applied for disability or other benefits, or has been
refused benefits; (3-15-22)
c. The
obligor asserts that the child support obligation is too high;
(3-15-22)
d. The obligor has been
denied full visitation with the child or children; or (3-15-22)
e. The obligor alleges the obligee misuses
the child support. (3-15-22)
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: (3-15-22)
a. The obligor is receiving TAFI or
Supplemental Security Income benefits; or (3-15-22)
b. The obligor has court-ordered physical
custody of all of the children listed in the order or orders for support.
(3-15-22)
