Judge Backs License Suspensions Legal Challenge Fails To Scuttle Child-Support-Collection Law

The suspension of a Caldwell real estate agent’s business and driver’s licenses for being more than $13,000 behind in child support payments is not unconstitutional, 3rd District Judge Dennis Goff has ruled.

Rodney Hoskins questioned the new Family Law License Suspension Act, which pulls licenses for violating court orders on child support or child visitation.

“Hoskins has not shown that the right to drive or the right to practice one’s occupation are ‘fundamental rights,’ deserving of greater constitutional protection,” Goff wrote.

“We certainly agree with Judge Goff’s determination that the suspension is a fair and valuable tool that protects Idaho’s interests in the welfare of children,” said Mary Anne Saunders, Idaho Department of Health and Welfare’s special deputy for welfare reform.

The law, which took effect Jan. 1, is designed to help parents gain child support they are owed. Health and Welfare handles all child support for people on welfare, as well as cases for paying clients.

Named as defendants in Hoskins’ suit were Health and Welfare, the Idaho Real Estate Commission and the Department of Transportation. The latter two organizations oversee the licenses in question.

Under the law, Health and Welfare can seek suspension of driver’s, hunting and fishing licenses or any professional license of anyone who is at least 90 days or $2,000 in arrears on child support.

Hoskins maintained his sole source of income is real estate sales, and loss of his ability to sell precluded him from paying any back child support. On April 2, Health and Welfare suspended his licenses, prompting him to file a complaint.

While the new statute says a license does not constitute a property interest, previous court decisions have held that there are property interests in driver’s and professional licenses.

But Goff ruled the state law applies to the permits Hoskins held. Goff said the law must have a “rational relationship to a legitimate governmental interest,” but it does not have to do so to each individual’s suspension.

Despite the legal challenges, Health and Welfare officials argue license revocation is the best option to collect money for children.

“Judge Goff found the department gave Mr. Hoskins sufficient advance notice of our intent to suspend his licenses and gave him the opportunity to stop the suspension by entering into a repayment agreement,” Saunders said.