I have been working overseas (teaching english) for a year and recently returned to spend time with my family. While there, my ex wife decided she would take advantage of an opportunity to serve me papers to appear in court for back child support of our daughter. I have ALWAYS sent money (every month), but not to her liking (the reduced amount). Before I lost my construction business 3 years ago I paid $700 a month and NEVER MISSED a payment for 8 years. The last 3 years I have paid $200 a month and ONLY last month have I missed any payments. The reduced amout is because I was unemployed for almost a year, borrwed from family to make sure she had something every month. ANYWAY, back to the papers… I decided not to go battle in court, mostly because I had no money for an attorney. … sooooo I left the country and recently received a legal demand that I give up my US passport! “Until I paid $10,000, then it would be reinstated or given back to me.” Can they ENFORCE this? So… If I travel to a different country, or apply for a work visa in Asia, will this be flagged? IF SO, what countries would not be on the radar? What will happen here? Maybe I should travel by boat…
I may be signing up for citizenship in another country - and in the company of the undesireables Cecil previously referenced regarding renouncing my citizenship!! hmmmm… what to do…
Your email is unclear.
[ul]
[li]Are you a US citizen living/working in a foreign country?[/li][li]Is your ex a US citizen? Living where? Children?[/li][li]Are you paying child support based on a court order?[/li][li]Does that order list a specific monthly amount?[/li][li]Does the order describe how it is to be paid?[/li][li]Can you document every payment?[/li][li]Who is demanding the return of your passport?[/li][li]Are you in your home country right now?[/li][/ul]
FWIW, no need to answer any of these personal questions on the SDMB, or any other public place.
Since the OP is asking a legal question about a personal matter, let’s move this from General Questions to IMHO, where all the internet lawyers can give their opinions.
Well, from your OP it’s clear that when you say you have NEVER missed a payment, that is in fact untrue, and it looks like you are trying to flee the country for the purpose of evading your legal obligation to your child. Sounds like you are a deadbeat father.
Federal law does indeed prohibit the issuance of a passport to someone who is in arrears on child support. I cannot advise you on the ability of the authorities to seize your passport, or demand its return. However, if your passport is expiring soon, you should be aware that you will be prohibited from renewing it.
@OP - If you owed $700 a month, but paid $200 month, you missed the payments by $500 a month. That’s still missing the payments. Leaving the country to avoid legal payment obligations makes you a deadbeat dad.
You get no sympathy from me. You should have gone back to court and legally worked to have your payments reduced to match your current income level. That would have been better than running.
Get a lawyer and solve your legal problems or lose your passport. And yes information put in by the US into your passport file, is shared with other countries and you will be flagged when attempting to enter other countries.
The OP seems to think that only in the last month that he’s missed a payment. It appears that he thinks while he paid a reduced amount for 3 years he did not miss a payment.
If you owe me $700 a month, and you only pay me $200. You missed the payment.
The OP said he paid in full for 8 years. Then paid a fraction of the amount he owed for three years and none now.
If what he’s saying is accurate than he did pay in full for eight years - which is what he claimed - and has not made a full payment for the last three years plus.
For years 9 through 11, the OP paid $200/month, but was under obligation to pay the original monthly amount. OP made partial payments during this time.
In year 12 month 1 or thereabouts (the current time frame), the OP paid nothing. OP missed one or more payment.
In my nonprofessional opinion, the facts support “the OP needs a lawyer immediately” and “the OP is a deadbeat.”
mboyd777, I strongly urge you to talk to a lawyer where you presently live who knows how to address your situation. Discussing your situation on a public message board can come back to hurt your case.
I think it’s more like “if your life plan is to galavant around Asia solo without a viable means of supporting a family, don’t have a kid,” which is some pretty solid advice. Wrap it up!