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royalty25 View Drop Down
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Direct Link To This Post Topic: any lawyers on here?
    Posted: May 18 2009 at 8:20pm
or law students or public workers or anyone who knows the law period.  my S/O has two sons beside my children.  he owes a lot of back child support. not for lack of trying.  but its a lot because his sons mother didnt file for child support. she stayed on Aid the entire 5 ys she could and when she got off the state went after him to pay that money back.  we live in illinois.  he owes a lot of money to the state of indiana.  We wanna go on a bahamian cruise in november, but i read a lot online about passport revocation laws for people who are in debt of child support over 5,000.  so is there any way around it?  any loopholes?  are we confined to vacays within the united states for years? even for our honeymoon?  HELP!
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carolina cutie View Drop Down
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Direct Link To This Post Posted: May 18 2009 at 8:27pm
Originally posted by royalty25 royalty25 wrote:

or law students or public workers or anyone who knows the law period.  my S/O has two sons beside my children.  he owes a lot of back child support. not for lack of trying.  but its a lot because his sons mother didnt file for child support. she stayed on Aid the entire 5 ys she could and when she got off the state went after him to pay that money back.  we live in illinois.  he owes a lot of money to the state of indiana.  We wanna go on a bahamian cruise in november, but i read a lot online about passport revocation laws for people who are in debt of child support over 5,000.  so is there any way around it?  any loopholes?  are we confined to vacays within the united states for years? even for our honeymoon?  HELP!
 
He should pay child support for his kids before trying to go on vacation.Confused
 
 
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bebekay View Drop Down
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Direct Link To This Post Posted: May 18 2009 at 8:36pm
Yea, I think he has to pay up..i cant think of any loopholes.
disclaimer: im not a lawyer Tongue
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foxyroy19 View Drop Down
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Direct Link To This Post Posted: May 18 2009 at 8:42pm
You really don't need a lawyer if you have watched enough Judge Judy and Judge Mathis.  Because those two judges would be upfront to ask.....
 
Why in the heck would he be trying to go on a vacation when he should be taking care of his kids? 
 
 
 
 
 
 
 
 


Edited by foxyroy19 - May 18 2009 at 8:43pm
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Cream1970 View Drop Down
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Direct Link To This Post Posted: May 18 2009 at 8:45pm
Confused
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royalty25 View Drop Down
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Direct Link To This Post Posted: May 18 2009 at 8:50pm
PLEASE LADIES THIS IS MY MAN.THE MAN I LOVE AND AM GOING TO MARRY.  HES A GOOD MAN BUT HE DOESNT MAKE A LOT OG MONEY.  HE WORKS HIS AZZ OFF THO 2 TAKE CARE OF HIS KIDS THE BEST HE CAN.  SO DONT BE JUDGEMENTAL LADIES I ASKED FOR HELP.  HES TAKES CARE OF MY CHILDREN AND HIS OTHERS.  LET ME CLARIFY.  HIS EX WANTED TO BE O WELFARE SHE DIDNT WANT TO KEEP A JOB AND SHE DIDNT WANT CHILD SUPPORT FROM HIM BECASUE HE DIDNT AND STILL DOESNT MAKE A LOT OF MONEY.  SO WELFARE WOULD BE MORE FOR HER.  HE GAVE HER PLENTY OF MONEY OVER THE YEARS, BUT NOT COURT ORDERED SO IT DOESNT COUNT. HES PAYS CHIL SUPPORT OW BUT IT WILL BE YEARS BEFORE IT CAN BE PAID OFF ENOUGH TO GET HIS PASSORT BACK. SO SHOULD HE BE PUNISHED FOREVER I DONT THINK SO. AND I DAMN SURE SHOULDT BE PUNISHED.  WE WORK HARD AS HELL ALL YEAR TOTAKE CARE OF OUR KIDS AND HIS. SHE DOESNT WORK. WE DESERVE A VACATION.  ESPECIALLY FOR OUR HONEYMOON.  I NEED HELP AND ADVICE. NOT JUDGEMENTS.  THANK U TO THE PRIVATE MESSENGERS TRYING TO HELP. THANKS A LOT.
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foxyroy19 View Drop Down
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Direct Link To This Post Posted: May 18 2009 at 9:03pm

I empathize with men who are in situations where they MUST Pay Child Support. 

My Gif was to show How Judge Judy and Judge Mathis would look at the situation.  It is how society actually looks at the situation. 
 
I think there are some Lawyers or law students on BHM......Hopefully they will chime in.....
 
 
 
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hennypenny View Drop Down
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Direct Link To This Post Posted: May 18 2009 at 9:04pm
I doubt a lawyer will be able to help unless he pays down a substantial amount of it.
You might have to vacation in the USA.
Hawaii is nice for honeymoons.




Edited by hennypenny - May 18 2009 at 9:04pm
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Mianna View Drop Down
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Direct Link To This Post Posted: May 18 2009 at 9:10pm
Wow - That sucks!!! I don't know of any loopholes. You may have to apply and hope that whoever is reviewing your paperwork is too overwhelmed to search too deep.
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foxyroy19 View Drop Down
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Direct Link To This Post Posted: May 18 2009 at 9:11pm
Here is what I found.....it is CRAZY LONG...but I will Highlight........
 

PASSPORT REVOCATION

Well, its been done. People are losing their passport over failure to pay child support. It being done in Orange and San Diego Counties, and Florida, New York and other states.
Federal Law required that all 50 states and six territories, in order to keep their Federal Welfare funding, were required to be online with a national computer system effective October 1998. The first states have now begin to send listing of delinquent child support payers to the State Department. The rest will follow soon.
The Orange County DA has been online since the fall 1998, and not only do they report to the state Department of Motor Vehicle, and various state licensing bureau's and the IRS, but they now report to the state department delinquent support payors.. What this means, is that those who owe back support will not be able to leave the country legally if you owe more than $5000 in back child support.
The Federal enabling statutes were tied into the Welfare Reform Act of 1996, (28 USC 666) and effective in 1997 and now being enforced.
To find out what your particular state is doing, visit the web site of the Office of Child Support Enforcement,a division of the Department of Health Services.   The web site is informative as to what each state is doing as to passports, driver's licenses, professional licenses, and the procedures each state has made to get back your license. Even though the Feds designed the law, they are leaving how it is implemented to each state, provided that they have some sort of procedure to revoke and reinstate a license or passport.
It had been our experienced in years past, that the DA would not release a professional or drivers license without an agreement to pay 25% of what they believe are the arrears (including interest). It was assumed that the DA will take the same position with respect to release of passports. In fact, if one looks at the Office of Child Supports own guidelines as to what they suggested the states to do, that was what they too had in mind. However, it has been announced publicly that at least in Orange County, the District Attorney will not release a Passport so long as a person owed more than $5000. If you owe $4999, you get your passport back.
As of the date of this update (January 31, 1999) there are still no forms to fill specifically asking the Court to reinstate your passport, so the most common sense process has been to use the form Motion for Reinstatement of License forms which the California Judicial Counsel developed for the Professional and Drivers license. One trick that has been used by the District Attorneys Office as a basis for opposing the granting of the Motion is to fail to state in a declaration that you tried to get the DA to release the license via an Administrative Review.
So, if you find yourself in this boat, and no money to pay an attorney, when you fill out your forms be sure to state in the declaration that you met with the DA (or tried to meet with the DA) before filing the Motion and were unsuccessful in resolving the issues. Otherwise, you may find yourself going back to Court and refilling the Motion again.  
HOW DOES THIS IMPACT YOU IF YOU OWE CHILD SUPPORT?
What this means, is that if you owe $10,000, you better be prepared to pay at least $2500 to get your license back or $5001 to get your passport back. If you do not have that kind of money, hire an attorney (call us or e-mail us now) to get a payment plan established by the court.
The DA's job is to get money from you, and they usually are not going to bargain down the payment to what you want. However, you must meet with them first before you file your Motion, so at least try to set up an Administrative review before hiring an attorney. It should save you some money, and maybe you'll get lucky. Keep notes of who you saw, the date you saw them and include this information in your declaration in support of the Motion.
Most judges who hear the driver's license motions will order the DA to release a license once three payments have been made on what the court orders to be made on monthly payments. The question becomes how much should the payment be. Generally the courts will order at a minimum three percent of the outstanding balance to be paid monthly, or a minimum of $250, but this assumes that the current support and arrears payment do not exceed fifty percent of the take home pay.
In fact, if you have been so lucky to have received the new administrative wage assignments which began to be mailed and served in October 1998, you will see that the new forms include a payment of three percent per month of any arrears balance to be deducted automatically from your pay along with the current child support. It has been stated publicly that if the two sums combined create a hardship, the DA may lower the arrears payment to 1.7% of the outstanding arrears balance, but even then this may not be enough. Remember, California charges 10% interest per year on the arrears balance, so at 1.7% percent per month, you will cover the interest and 8% of the balance per year.
The catch here, just like the drivers license motion, is that you first must have an administrative review with the DA before you ask the court to intercede. Also, at this time, because there are no forms available on "how to file the Motion" it could be that each county may have some local peculiar rule until such time as the Judicial Counsel (the people in Sacramento who set up the court rules on filing procedures) come out with a form. I have received phone calls from San Diego attorneys that stated that the Court there will reinstate a Passport on an exparte application if an emergency exists, but such is not the case in Orange County. Since there is no established procedure statewide, make sure that you speak to local counsel before filing the Motion.
We do provide service to overseas clients living in foreign countries. We realize how difficult it is when you live overseas and we can represent you during the legal process, saving you hours and expensive trips. This may become even more important now if you are overseas, and are afraid to come back because your passport has been revoked. The good news is that you can come home, but you won't be able to leave.
Currently, because this is a new area of enforcement, there is much confusion nationwide as to the legality of the process, and how it effects the constitutional rights to travel and procedural due process rights of the citizens since there is no speedy remedy to review the DA's action nor (at least locally) any way short of lowering the balance below $5000 for one to get the passport back. If one owes $10,000 and has a payment plan of $250 on the arrears, and does not miss a payment for thirty days, their driver's license stays reinstated.
Such is not the case with the passport. The office is receiving telephone calls nationwide on this issue, and it appears at least in the larger Metropolitan states (New York, Florida, New Jersey, Illinois), no one else knows what to do or how to fix this problem. Check our child support and custody site over the next few weeks, and as things develop, I will try to post any new solutions.


Edited by foxyroy19 - May 18 2009 at 9:13pm
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