Deadbeat Dad Sues Over Loss Of Licenses Real Estate Agent Says He Can’t Make Payments Without Sales

A real estate agent is suing the state of Idaho for suspending his business and driver’s licenses because he is more than $13,000 behind in child support payments.

Rodney Hoskins, 49, of Caldwell contended that the new law allowing license suspension for violating court orders on child support or child visitation is unconstitutional and not rationally linked to helping deadbeat parents pay back support.

Named in the suit filed in 3rd District Court are the Department of Health and Welfare, the Idaho Real Estate Commission and the Department of Transportation.

Hoskins is the second to legally challenge the law that took effect last January as part of the state’s attempt to get families off welfare by forcing the noncustodial parent to pay up back child support and stay current. His attempt to get an immediate restraining order against the state was rejected earlier this week by Judge Dennis Goff.

In the past five months, the state has suspended licenses of 422 parents who owed nearly $6.3 million in back support for 841 children.

Under the law, the Health and Welfare Department 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.

But Ada County Magistrate Russell Comstock raised serious questions about the law’s validity when he essentially invalidated its definition of license. 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.

The ramifications of that ruling remain unclear.

Hoskins maintains that his sole source of income is real estate sales, and suspension of his license to sell precludes him from paying any back child support.