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arrears and restrictions

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What is the name of your state (only U.S. law)? CA
NCP is paying current support and $100/mo towards the $65,000 arrears.
Do previous passport restrictions get lifted because current support is being payed or do the restrictions stay in place because of arrears?
 


New Passport Rules
Beginning June 1, 2009, U.S. citizens who wish to travel to Mexico, Canada, the Caribbean or Bermuda will need a passport. Parents who have a case with their local child support agency and who owe more than $2,500 in past due child support, will be denied issuance or renewal of a passport due to federal child support statues law that have been in effect since 1996.

To avoid denial of a passport application or renewal of an existing passport for the purposes of exiting the country, parents who owe more than $2,500 in past due child support, should take steps to pay all past due child support as soon as possible. To reach your local child support office, call the statewide toll free number at 1-866-901-3212 for assistance.

THis was taken straight from the California Child Support Website.
 
The passport in question is foreign. Hoops had to be gone through to enforce judgment of "turn in passport" to the proper consulate.
Any way a California judge is going to reverse the ruling based on current support being payed?
 

LdiJ

Senior Member
The passport in question is foreign. Hoops had to be gone through to enforce judgment of "turn in passport" to the proper consulate.
Any way a California judge is going to reverse the ruling based on current support being payed?
No one can absolutely predict what a judge would order. However, I really doubt that it would make a difference in this case. 100.00 a month doesn't even cover the interest on 65k of arrearages.
 
Can DCSS enforce restrictions on a foreign passport?
The consulate tells me that a US court can not "Take away" the passport because it belongs to the foreign country NOT the US. Consulate also said that they can not enforce an order of "Turn in passport" only the party can turn it in willfully along with the court orders.
DCSS has passport restrictions and Family court has orders to "Turn in passport."
The problem is, party has not turned it in.
How can this be enforced? Who can and should be enforcing?
The consulate tells me that there's nothing that they can do.
Any suggestions?
(I am hearing through the grapevine plans of returning to said foreign country)
 

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