Good Cause Determination In License Suspension Proceedings

TITLE 7 SPECIAL PROCEEDINGS CHAPTER 14 FAMILY LAW LICENSE SUSPENSIONS 7-1406A. good cause determination in license suspension proceedings. (1) A motor vehicle or occupational license suspension pursuant to this chapter shall be denied or stayed if the obligor proves that one (1) or more of the following conditions for good cause determination exist: (a)  The obligor has been declared physically disabled by the social security administration, the Idaho industrial commission, or another competent authority that works with disabled individuals, and 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 Idaho vocational rehabilitation, the Idaho industrial commission, or another competent authority that works with disabled individuals; (d)  The obligor is incarcerated in a county, state, or federal correctional facility and proves that he has no assets; (e)  The obligor is receiving supplemental security income benefits; (f)  The obligor has court-ordered physical custody of all children listed in the order for support; or (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. (2)  A recreational license suspension pursuant to this chapter shall be stayed if the obligor proves either of the following conditions for good cause determination exist: (a)  The obligor is receiving supplemental security income benefits; or (b)  The obligor has court-ordered physical custody of all children listed in the order for support. (3)  No condition other than those described in subsections (1) and (2) of this section shall constitute good cause for a denial or stay of a license suspension. The following conditions shall not constitute good cause for a denial or stay of a license suspension: (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 benefits or has been refused disability 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 that the obligee misuses the child support.