Substantial Arrears

[radgirl]

What is the name of your state (only U.S. law)? Colorado

Hello,

My husband has a very large arrears (close to $52K). He is slowly paying it off at $250 a month. However, at that rate, it will take close to 17 years to pay off. He is a pilot and due to the large arrears, he cannot renew his passport because according to CO law, any arrears over $2,500 will result in an automatic revocation of a current passport or the decline of a renewal for a passport. Since my husband needs his passport in order to fly, this has him in a catch 22.

He does want to pay off his debt, but also know he can't do so with out a job. His ex-wife is also unwilling to compromise and settle the debt. The kids are now grown and actual child support has been fulfilled.

How can he get from under this debt that prevents him from obtaining a job in his line of work and vice verse, how can he get his passport back in order to pay the debt.

Also, some background; he accrued this debt because at the time his life went south, quickly and was unable to make the current monthly child support payments and thus the arrears tallied up quickly. He states that he put in a child support modification (at the time of his life imploding), but the case has been close in the state of Ohio (where the original divorce decree took place).

If someone has some guidance regarding this issue, it would be most appreciated. Again, it's not that he doesn't want to pay down his debt (if the child support modification did not go through or did not happen, although he said he had a lawyer file it, but who knows what happened at that time). But how can he pay down his debt without a job that requires a passport in order to pay down the debt. Again, a real catch 22 here.

Thank you.

 

[OHRoadwarrior]

Usually, Ohio will play "Lets make a deal" for license suspensions. I don't know about other states. If ex's wife doesn't want to pony up anything, I question whether you will receive anything, by helping him any other way. CSE is used to empty promises by people. I would be careful not to give more than his spouse is willing to. She would benefit more from him getting his license back than you.

 

[radgirl]

This is not a driver's license issue, this is a passport issue. He cannot fly any commercial airline without a valid passport which has been revoked and cannot be renewed due to the high amount of arrears according to the state of Colorado.

 

[cyjeff]

52,000 shows a very long time without paying.

The state will require a fairly strong initial payment to restore privileges.

You see, the state will think that the only reason he is paying NOW is because the state finally took something away from him that worked.

 

[radgirl]

He racked up $52K because his monthly child support obligations were about $4K a month before he lost his job. So, it didn't take that long to accrue $52K at that rate.

I wish the state made some sort of logical sense (I know that's ridiculous), but the reason he is paying now and has been for that last 2 years is because he can afford $250 a month. His child support obligations are now compete as both of his kids are of age. But he'll be paying $250 for the next 17 years in order to pay off that debt.

Are there any lawyers out there that can handle a case like this or is he stuck, never returning to a flying job? If only his ex-wife would be willing to settle, but we don't know the laws. Perhaps it's time to retain a lawyer?

 

[Indiana Filer]

He racked up $52K because his monthly child support obligations were about $4K a month before he lost his job. So, it didn't take that long to accrue $52K at that rate.

I wish the state made some sort of logical sense (I know that's ridiculous), but the reason he is paying now and has been for that last 2 years is because he can afford $250 a month. His child support obligations are now compete as both of his kids are of age. But he'll be paying $250 for the next 17 years in order to pay off that debt.

Are there any lawyers out there that can handle a case like this or is he stuck, never returning to a flying job? If only his ex-wife would be willing to settle, but we don't know the laws. Perhaps it's time to retain a lawyer?

His child support are NOT complete until he pays the money he failed to pay earlier. Until he pays, he faces the consequences. It was his choice, so his consequences.

 

[cyjeff]

He racked up $52K because his monthly child support obligations were about $4K a month before he lost his job. So, it didn't take that long to accrue $52K at that rate.

I wish the state made some sort of logical sense (I know that's ridiculous), but the reason he is paying now and has been for that last 2 years is because he can afford $250 a month. His child support obligations are now compete as both of his kids are of age. But he'll be paying $250 for the next 17 years in order to pay off that debt.

So he went from paying $48,000 a year to $3,000?

Whatever he paid for his lawyer was WAY too little.

All kidding aside, there is NO WAY he was paying $4,000 a month. NO WAY.

try here... Colorado Child Support Calculator - AllLaw.com

I stopped when I was putting $40,000 a month into it and I STILL couldn't get past $2,000 a month.

There is an awful lot more to this story that you don't know. This is why we don't like third parties asking about this stuff.

Are there any lawyers out there that can handle a case like this or is he stuck, never returning to a flying job? If only his ex-wife would be willing to settle, but we don't know the laws. Perhaps it's time to retain a lawyer?

The ex doesn't have to settle. His lack of payment is not her problem.

There is no WE here. The father needs an attorney... but if he starts to fight that issue, you will know that my previous statement about more to the story is absolutely correct.

By the way... taking 17 years to pay sounds like the ex is making a HUGE concession to someone that owes $52K


UPDATE: Reading though the guidelines there is actually a concession for high earners.... but I STILL can't get to $4,000 a month for two kids at $20,000 a month.

 

[radgirl]

Wow, thanks for such a supporting forum. Time to move on. Thanks again.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Colorado

Hello,

My husband has a very large arrears (close to $52K). He is slowly paying it off at $250 a month. However, at that rate, it will take close to 17 years to pay off. He is a pilot and due to the large arrears, he cannot renew his passport because according to CO law, any arrears over $2,500 will result in an automatic revocation of a current passport or the decline of a renewal for a passport. Since my husband needs his passport in order to fly, this has him in a catch 22.

He does want to pay off his debt, but also know he can't do so with out a job. His ex-wife is also unwilling to compromise and settle the debt. The kids are now grown and actual child support has been fulfilled.

How can he get from under this debt that prevents him from obtaining a job in his line of work and vice verse, how can he get his passport back in order to pay the debt.

Also, some background; he accrued this debt because at the time his life went south, quickly and was unable to make the current monthly child support payments and thus the arrears tallied up quickly. He states that he put in a child support modification (at the time of his life imploding), but the case has been close in the state of Ohio (where the original divorce decree took place).

If someone has some guidance regarding this issue, it would be most appreciated. Again, it's not that he doesn't want to pay down his debt (if the child support modification did not go through or did not happen, although he said he had a lawyer file it, but who knows what happened at that time). But how can he pay down his debt without a job that requires a passport in order to pay down the debt. Again, a real catch 22 here.

Thank you.

There are a number of options.

As someone stated, he could contact CSE and ask to work out a deal so that they don't confiscate his license. However, my guess is that he'd need to put up a significant amount of money up front for that to happen.

Or, he could borrow the money to pay off his support obligation. On a home equity loan, that would be under $1,000 a month - which he should be able to afford on a pilot's salary.

Or, you could help him come up with the money so that he doesn't lose his job.

 

[cyjeff]

Wow, thanks for such a supporting forum. Time to move on. Thanks again.

I'm sorry... what did you want to hear?

That there was a way that allowed a man that financially abandoned his children to dodge the responsibility when it became inconvenient?

There is a HUGE process to go through before things like passports are taken away from someone... because the state realizes that such documentation is necessary to get the children the payments they deserve.

The fact that your love bunny is on the business end of this issue means that he has already avoided NUMEROUS chances to fix this.... and it isn't his mean old ex that is the villain in this little play.

You have to remember, too.. that his kids still had to eat, still needed a roof over their heads and still had needs while his "life went south". Apparently, that just wasn't that important.

Now, the only question appropriate to answer for YOU is a simple one. You aren't planning on having kids with him, are you?

 

[LdiJ]

There are a number of options.

As someone stated, he could contact CSE and ask to work out a deal so that they don't confiscate his license. However, my guess is that he'd need to put up a significant amount of money up front for that to happen.

Or, he could borrow the money to pay off his support obligation. On a home equity loan, that would be under $1,000 a month - which he should be able to afford on a pilot's salary.

Or, you could help him come up with the money so that he doesn't lose his job.

Finding a way to borrow the money would be the best solution, in my opinion. He would still have the debt to pay off, but it would not impact his ability to have a passport.

 

[OHRoadwarrior]

This is not a driver's license issue, this is a passport issue. He cannot fly any commercial airline without a valid passport which has been revoked and cannot be renewed due to the high amount of arrears according to the state of Colorado.

CSE initiates ALL suspensions including passports, professional licensing and drivers licensing. I was giving you insight. As mentioned, he should take a loan if needed and make a deal with CSE to remove the suspension.

 

[Sussann]

Making a Deal

Many states will allow the delinquent dad to make a deal if a lump sum is paid in advance (say, 20% owing) and then the balance is paid back ASAP. This will avert things like license suspension and passport refusal. However, they may not allow a piece of it to simply evaporate forever since that is not how the system works.

 

[mistoffolees]

Finding a way to borrow the money would be the best solution, in my opinion. He would still have the debt to pay off, but it would not impact his ability to have a passport.

Plus, if it's a home equity loan, the interest might be deductible. Interest on CS arrears would not be.