Suspended License/Passport question

[alissagail]

What is the name of your state? Texas

I have a question...in the state of Texas, does your drivers license automatically get suspended if you are in arrears for child support? If so, by how much?

Also, can you be denied a passport if you are in arrears? If so, by how much?

I am a frequent visitor to this site, and I am pretty sure I know the answer, but I just want to make sure.

 

[NEOhioChick]

What is the name of your state? Texas

I have a question...in the state of Texas, does your drivers license automatically get suspended if you are in arrears for child support? If so, by how much?

Also, can you be denied a passport if you are in arrears? If so, by how much?

I am a frequent visitor to this site, and I am pretty sure I know the answer, but I just want to make sure.

I can only tell you the passport one is $5,000 or more in child support and you will not be able to get a passport. BUT it depends on how well your state is about getting that information to the federal government. Some states send it right away and make sure you can't leave the country and other states lag on it and you can get a passport.

 

[Zephyr]

I can only tell you the passport one is $5,000 or more in child support and you will not be able to get a passport. BUT it depends on how well your state is about getting that information to the federal government. Some states send it right away and make sure you can't leave the country and other states lag on it and you can get a passport.

I think there was a poster here who had 2500 in arrears and could not get a passport...

 

[txrose1998]

I think there was a poster here who had 2500 in arrears and could not get a passport...

It is indeed $2500 for the passport to be flagged. I recently learned that through the OAG. There is nothing that the CP needs to do to have that happen, I do not know how quickly they move on it, but it will eventually get done.

As for drivers license suspension, that is not automatic. That can occur when they are three months behind. They must be served notice to appear in court for an enforcement action. Keep in mind, that the OAG does like to give several chances to NCP's in this situation, so the first appearance in court may not mean license suspension. They usually give them like 60-90 days to become current before they take action.

 

[proud_parent]

Zephyr is correct. In previous revisions of the CFR, the amount was $5000, but that has since been reduced to $2500.

http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi

Code of Federal Regulations
Title 22, Volume 1
Revised as of April 1, 2007
From the U.S. Government Printing Office via GPO Access
CITE: 22CFR51.70

PART 51 PASSPORTS

Subpart E Limitations on Issuance or Use of Passports

Sec. 51.70 Denial of passports.

(a) A passport, except for direct return to the United States, shall
not be issued in any case in which the Secretary of State determines or
is informed by competent authority that:
...
(8) The applicant has been certified by the Secretary of Health and
Human Services as notified by a State agency under 42 U.S.C. 652(k) to
be in arrears of child support in an amount exceeding $2,500.00.

 

[nextwife]

They cannot RENEW or obtain a new one. But if they already have one, they might be able to use until expiration.

 

[TinkerBelleLuvr]

I watched the fella in front of me be taken into custody when he came back INTO the states because of child support arrearage. There was an open bench warrant. I was in earshot of all the conversations taking place. So it isn't always a bad thing when they travel out of the country. (in the case of the person RECEIVING the support.)

 

[alissagail]

Thanks!

Thank you everyone.

My husband and I were discussing this and he didn't believe me when I told him that his license could be suspended due to back child support.

His have been suspended but he was never called to court for it.

I don't understand this...if a person is behind on child support...how are they suppose to pay if they can't drive to work? They are pretty much forcing them to break the law...one way or the other.

Another question. My husband actually had temp full custody of his child and was told by his then lawyer not to pay child support. His ex signed the full custody papers giving my husband full custody...the only thing that needed to happen was his lawyer was to take the papers to have the judge sign off on them and everything would be final.

We got a call from someone telling us that my husbands ex was going to get custody back due to my husbands lawyer not getting the papers signed in time. This was two weeks before the final date for these papers to be signed. He called his attorney several times and he was assured that the papers would be signed. And was told that even if they weren't signed, it would fall back to Temp custody. His ex came after their son the day after the papers were to be signed. He called is attorney, he advised him to have a TRO placed on her. The judge signed this. A week later, they went to court. The judge that signed the TRO was the same judge that was at this hearing.

HE GAVE CUSTODY BACK TO THE OP!

Not only that, but made it as if my husband never had temp custody of his child and all the back child support was now past due. That was a few years ago.

Would it be considered leaches at this point to have that past child support taken off?

 

[CourtClerk]

Thank you everyone.

My husband and I were discussing this and he didn't believe me when I told him that his license could be suspended due to back child support.

Seeing is believing...

His have been suspended but he was never called to court for it.

So he's generally irresponsible huh? Just doesn't care...

I don't understand this...if a person is behind on child support...how are they suppose to pay if they can't drive to work? They are pretty much forcing them to break the law...one way or the other.

No, the non payor of child support broke the law first. Why do they need a car to go to work if they aren't paying what they are supposed to be paying anyway? I see your point, but if he was going to pay his support, he wouldn't be in the position he's in, so to now say I need my license to pay my support is assinine. He's been going to work and he hasn't been paying it....

Another question. My husband actually had temp full custody of his child and was told by his then lawyer not to pay child support.

Bad advice

His ex signed the full custody papers giving my husband full custody...the only thing that needed to happen was his lawyer was to take the papers to have the judge sign off on them and everything would be final.

Yep... the only way to change a court order is with another court order.

We got a call from someone telling us that my husbands ex was going to get custody back due to my husbands lawyer not getting the papers signed in time.

No need to get custody back, if the agreement was never changed, she always had custody.

This was two weeks before the final date for these papers to be signed. He called his attorney several times and he was assured that the papers would be signed. And was told that even if they weren't signed, it would fall back to Temp custody.

It would default back to whatever was currently in force.

His ex came after their son the day after the papers were to be signed. He called is attorney, he advised him to have a TRO placed on her.

For WHAT???

The judge signed this. A week later, they went to court. The judge that signed the TRO was the same judge that was at this hearing.

Bad call, IMO

HE GAVE CUSTODY BACK TO THE OP!

I take that back... good call.

Not only that, but made it as if my husband never had temp custody of his child and all the back child support was now past due. That was a few years ago.

Yes it is... because until a court of law told him otherwise, he still owed the money.

Would it be considered leaches at this point to have that past child support taken off?

Leaches are little things that stick to your skin and suck your blood. Latches is what you're talking about and no... it's not. There is an existing order and the court maintains jurisdiction. The ex has until after your husband dies and the estate is settled to collect the money that is ALREADY court ordered.

Now, stop trying to protect your husband and tell him to get the money paid.

 

[alissagail]

Seeing is believing...

So he's generally irresponsible huh? Just doesn't care...

not irresponsible...the ex abandoned the child to move in with a man that she met on the internet.

No, the non payor of child support broke the law first. Why do they need a car to go to work if they aren't paying what they are supposed to be paying anyway? I see your point, but if he was going to pay his support, he wouldn't be in the position he's in, so to now say I need my license to pay my support is assinine. He's been going to work and he hasn't been paying it....

he only stopped paying child support when he got temp custody and legal papers stopping the child support.



It would default back to whatever was currently in force.


we found out that the hard way.




I take that back... good call.

why would you consider that a good call when the ex had abandoned her child twice for someone that she didn't even know? I know...I didn't give you that detail. But I wouldn't consider my husband bad for doing what was right for his child. He paid his child support for 6 months while he had his child

Yes it is... because until a court of law told him otherwise, he still owed the money.


Leaches are little things that stick to your skin and suck your blood. Latches is what you're talking about and no... it's not. There is an existing order and the court maintains jurisdiction. The ex has until after your husband dies and the estate is settled to collect the money that is ALREADY court ordered.

sorry...I knew that I associated it with a leach...which the word is from.



Now, stop trying to protect your husband and tell him to get the money paid.

I am not trying to protect my husband. I just want clarity in my own mind. My ex was a deadbeat dad that never paid child support and never had anything to do with our child. I would leave my husband in a heartbeat if he treated his child that way. He pays child support and is paying the arrears.

 

[2Mistakes]

This site has a chart and lists each state's criteria for license suspension for non-payment of child support. Very informative!

http://www.ncsl.org/programs/cyf/licensechart.htm

 

[NSA4answers]

This site has a chart and lists each state's criteria for license suspension for non-payment of child support. Very informative!

http://www.ncsl.org/programs/cyf/licensechart.htm

My oldest daughters father is over $36k in arrears alone and none of the measures out there to enforce child support payments have ever taken place. no drivers license suspension, tax return interception, jail time etc.

Our case is interstate but by both states laws he should have had everything and then some done to him a long time ago. FINALLY!! CSE is holding a hearing for contempt. I've spoken to the lady in the other state who will be handling the hearing to ask what will happen. Basically he will face jail time but likely they wont take him to jail....yet..... they will hold 180 days jail time over his head to get an agreement that he will comply and agrees to be found in contempt. She said that 'sometimes' the judge will hold another hearing in several months to see if the non compliant party has been complying and then they will enforce the jail time. So he basically has the opportunity to continue to get away with not paying child support. It's quite frustrating. Especially to hear stories of other non compliant parents having all the enfrorcement methods used against them while this guy just skates by.

Thanks for the website 2Mistakes

 

[NSA4answers]

Thank you everyone.

My husband and I were discussing this and he didn't believe me when I told him that his license could be suspended due to back child support.

Among other things.

His have been suspended but he was never called to court for it.

My license got suspended once for not paying a parking ticket. When I asked why I wasn't notifed they told me the ticket was all the notification they needed to provide me with. Maybe the same falls true with child support... he's been notified he's supposed to pay, if he doesn't.... ohwell, his bad.

I don't understand this...if a person is behind on child support...how are they suppose to pay if they can't drive to work? They are pretty much forcing them to break the law...one way or the other.

DOT provides city busses and other means of public transportation. How's a child supposed to eat if their parents don't support them?

Another question. My husband actually had temp full custody of his child and was told by his then lawyer not to pay child support. His ex signed the full custody papers giving my husband full custody...the only thing that needed to happen was his lawyer was to take the papers to have the judge sign off on them and everything would be final.

We got a call from someone telling us that my husbands ex was going to get custody back due to my husbands lawyer not getting the papers signed in time. This was two weeks before the final date for these papers to be signed. He called his attorney several times and he was assured that the papers would be signed. And was told that even if they weren't signed, it would fall back to Temp custody. His ex came after their son the day after the papers were to be signed. He called is attorney, he advised him to have a TRO placed on her. The judge signed this. A week later, they went to court. The judge that signed the TRO was the same judge that was at this hearing.

So because dad's lawyer is a slacker and didn't sign the necessary paperwork he thought the normal response to that would be file a TRO against mom for acting with in her rights? interesting. Maybe the lawyer didn't sign and file the paperwork because dad was behind on paying him to so he stopped working for dad??

HE GAVE CUSTODY BACK TO THE OP!

reasonable.... given what you just explained

Not only that, but made it as if my husband never had temp custody of his child and all the back child support was now past due. That was a few years ago.

that's kinda what happends when you don't comply with the courts orders. When the court tells you to do something by a certain date.... ya do it.

Would it be considered leaches at this point to have that past child support taken off?

I don't know what you mean by 'leaches,' but I don't see a judge saying "well, since you didn't comply with my orders previously.... I guess this time I'll give you a break, and you don't actually have to pay the child support due to the other party... I'll give ya a pass on this one. But hey, it's always worth trying I guess....

 

[txrose1998]

My oldest daughters father is over $36k in arrears alone and none of the measures out there to enforce child support payments have ever taken place. no drivers license suspension, tax return interception, jail time etc.

Our case is interstate but by both states laws he should have had everything and then some done to him a long time ago. FINALLY!! CSE is holding a hearing for contempt. I've spoken to the lady in the other state who will be handling the hearing to ask what will happen. Basically he will face jail time but likely they wont take him to jail....yet..... they will hold 180 days jail time over his head to get an agreement that he will comply and agrees to be found in contempt. She said that 'sometimes' the judge will hold another hearing in several months to see if the non compliant party has been complying and then they will enforce the jail time. So he basically has the opportunity to continue to get away with not paying child support. It's quite frustrating. Especially to hear stories of other non compliant parents having all the enfrorcement methods used against them while this guy just skates by.

Thanks for the website 2Mistakes

I feel for you. I will never understand why the "deadbeats" of this world are allowed so many chances. I have been fighting for what seems like forever and it will probably comtinue for many, many more years. I mean, when you have someone that is so openly defying the court.....how can this be allowed to continue??? Why are they the only ones who catch the breaks from the courts and the CP does not get any????
Ok.....getting off my soapbox now.

 

[txrose1998]

Thank you everyone.

My husband and I were discussing this and he didn't believe me when I told him that his license could be suspended due to back child support.

His have been suspended but he was never called to court for it.

I don't understand this...if a person is behind on child support...how are they suppose to pay if they can't drive to work? They are pretty much forcing them to break the law...one way or the other.

Another question. My husband actually had temp full custody of his child and was told by his then lawyer not to pay child support. His ex signed the full custody papers giving my husband full custody...the only thing that needed to happen was his lawyer was to take the papers to have the judge sign off on them and everything would be final.

We got a call from someone telling us that my husbands ex was going to get custody back due to my husbands lawyer not getting the papers signed in time. This was two weeks before the final date for these papers to be signed. He called his attorney several times and he was assured that the papers would be signed. And was told that even if they weren't signed, it would fall back to Temp custody. His ex came after their son the day after the papers were to be signed. He called is attorney, he advised him to have a TRO placed on her. The judge signed this. A week later, they went to court. The judge that signed the TRO was the same judge that was at this hearing.

HE GAVE CUSTODY BACK TO THE OP!

Not only that, but made it as if my husband never had temp custody of his child and all the back child support was now past due. That was a few years ago.

Would it be considered leaches at this point to have that past child support taken off?

NOT. GOING. TO. HAPPEN. Court orders are court orders. And ditto what everyone else said on public transportation. Most cities have buses, trains. He could ride with coworkers, he could hitch, he could find a job in walking distance. Something....there are ways around it. My brother did all of the above when his license was suspended for failure to pay child support. It can be done.