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What Every Deadbeat Dad Needs to Know About Child Support and Getting a U.S. Passport

January 12, 2011

So — you’ve have been trying to collect your child support from a deadbeat dad, but he prefers to travel to exotic vacation spots a few times year, spending tens of thousands of dollars that should be child support dollars… All the while — you’ve started your own business doing administrative work because you can’t afford to work for someone else and pay a babysitter for three kids; you’re on food stamps so that you and the kids can eat; and you’re wondering how you will prevent an impending eviction and car repossession and still keep your utilities turned on so that you can conduct business…

Do you want to take away the deadbeat dad’s fun and lap of luxury that is the direct result of his not paying his court-ordered child support?

There are so many more options for enforcing court-ordered support than what your family law attorney is telling you. While you wait for the deadbeat dad’s fifth or sixth Contempt Hearing to commence — during which time your utility bills are unpaid, your kids accrue school and medical expenses, the repo man is hooking up your 1982 lemon Honda Accord to his tow truck, and you are served with your landlord’s eviction notice — the deadbeat dad is buying designer clothing, driving luxury vehicles, going on exotic vacations, and spending big money on strippers and call girls and financing an illegitimate kid (the stripper’s). Don’t laugh. It happened to me. Really. And it’s still part of the Saga that continues even today as I try to collect my own child support and alimony that has remained unpaid since 1997.

What your unethical attorney doesn’t want you to know is that while he’s billing you $250 per hour for “child support enforcement” [that has been SIX YEARS in the works], he should have simply referred you to your State’s Attorney’s Office of Child Support Enforcement. For a measly $25.00, a(n assistant) State’s attorney will enforce your case for you through wage garnishments and other seriously cool administrative tools to make the deadbeat dad pay up — or else… And unlike your unethical attorney, they will file modifications for the same price and hit the deadbeat dad where it hurts — his ego, his livelihood, and even his precious freedom. So, say good riddance to your unscrupulous private lawyer and get a real attorney — how about the U.S. Attorney General, generally speaking?

What your private attorney won’t tell you is that there are federal regulations put into place to deal with the chronic child support dodger. It is up to you to keep current on the laws so that you can let your child support enforcement representative know what actions you would like them to initiate. But where do you start? Only one of many options is to revoke or deny a deadbeat dad’s U.S. Passport. However, you must have your case placed with the Office of Child Support Enforcement for this administrative maneuver. Here’s how it works:

Section 51.70 (a) (8) of Title 22 of the Code of Federal Regulations states, in part, that if a [deadbeat parent] is certified to Passport Services by the U.S. Department of Health and Human Services (HHS) to be in arrears of child support payments in excess of $2,500, that person is ineligible to receive a U.S. passport.

If this applies to the deadbeat dad in your life,  here’s what the U.S. Department of State has to say:

“Passport Services strongly recommends that you contact the appropriate State child support enforcement agency to make payment arrangements before applying for a passport. This is because:

1. The State agency must certify to the U.S. Department of Health and Human Services (HHS) that acceptable payment arrangements have been made.

2. Then, HHS must notify Passport Services by the removal of your name from the electronic list HHS gives to Passport Services. (Passport Services cannot issue a passport until your name has been deleted by HHS.)

3. Note that it can take 2-3 weeks from the time payment arrangements are made with the State agency until your name is removed from HHS’ electronic list. Passport Services has no information concerning individuals’ child support obligations and has no authority to take action until HHS removes your name from its list. You can direct any questions to the appropriate State child support enforcement agency in your jurisdiction.”

You can visit the Department of Health and Human Services – State Child Support Enforcement Web Site at www.acf.hhs.gov/programs/cse/ for a listing of HHS state and local agencies in your jurisdiction.

By the way, I just wanted to say that I am aware that some women owe custodial fathers child support. And if these women aren’t paying their court-order child support, this applies to all the Deadbeat Moms out there, too. Times are changing and the tables can be turned. Please don’t think I have a gender bias when it comes to parental obligations — the children suffer when the parents refuse to play nice in the sandbox.

This is only one article in a series of how to collect your child support (and alimony) from a deadbeat parent. If you are reading this article because you are trying to learn about your child support collection options, then you’ll want to watch for more information on how to collect your child support and alimony. But, also for your own safely, please review my articles on domestic violence gun laws, and stalking. These topics — child support, domestic violence, and stalking –seem to go hand-in-hand when dealing with family law-related issues, so remember to practice safety at all times! (If you are reading this article, then you know exactly what I’m talking about.) I say this because you should be prepared to engage law enforcement authorities after the deadbeat dad in your life is publicly pulled aside at the airport and prohibited from boarding a board plane to Punta Cuna because he owes you more than $2,500. He’s going to be plenty angry and embarrassed in front of family, friends — and the public eye. And they’re going to be mad at him for ruining everyone’s vacation plans.

At a time like this, we all might have the proverbial ‘fly on the wall’ fantasy… All that brand new luggage packed with brand new designer clothes for a two-week 5-star tropical vacation extravaganza for about 12 people, and no place for EVERYONE to go BUT HOME. After all, if Dad’s passport is “no good,” does that necessarily apply to everyone else who is ready for their long-promised yearly family vacation? If you want my opinion, the deadbeat dad will say, “If I don’t go, we ALL don’t go.” After all, it’s all about Dad. Don’t you understand that by now? [“Quick! Go see about getting the luggage off the plane before it leaves without us.”] Hum, the airfare is paid, money is gone for reservations, and nobody can wear their vacation clothes (especially if the clothes go on vacation without them)… And who do you think they’ll blame? Why — YOU, of course! YOU did this because you are selfish, revengeful, and greedy. YOU are to blame for ruining everyone’s vacation. Well, that’s what Deadbeat Dad will say, anyway.

So, on the safety issue, if or when your deadbeat dad causes a problem for you after his airport humiliation and he threatens you because of his own stupidity, perhaps you can use the situation in your favor to file [yet another] a contempt charge against him in civil court on the unpaid child support while you are at the court getting your Protection Order. Better yet, talk to your State’s Attorney’s Office of Child Support Enforcement representative. The deadbeat dad in your life might find himself enjoying an all-inclusive jail cell for criminal non-support — instead of enjoying the sun and sand in Punta Cuna or Mexico.

Stand for your rights. Stand for your kids. Stand for you. But don’t support the deadbead dad in your life by allowing him go on vacation when he owes you so much money. Go to your child support enforcement agency today, and demand a brighter tomorrow for yourself and your children. My own child was an adult victim of this type of behavior in his life (see my articles on Hostile-Aggressive Parenting and Parental Kidnapping is Child Abuse.). His emotional embarrassment of his father’s behavior killed his spirit and his father’s reputation killed my son’s own self-worth. But the entire history of The Santana Saga killed him for real.

On October 14, 2010 at age 23, my beloved son — a victim of his father’s hostile-aggressive parenting and parental kidnapping — committed suicide. Shortly before this unspeakable tragedy, my son learned his father still owes me $50,000 in unpaid support (down from $140,000 from bank account garnishments and other judicial adjustments). It so happens that the landlord I referred to really exists. My son and his girlfriend were trying to lease a house in the country to start a new life for themselves, when my son found out that the landlord who evicted us was when he was only 14 is the same Mr. Green who remembers exactly the reason why he was forced to evict the children and me — our deadbeat dad’s criminal non-support and kidnapping stunt in which he used the children as pawns to try to NEVER pay child support. The landlord would not rent to my son because of his father’s sins, and now no landlord will ever rent any property to my son, ever.

If I knew then what I know now (and you can read about what I know now), perhaps my children’s future would look brighter and my son would be alive today. My life is a prime example of what it is like to be victimized by the father of my four precious children, victimized by my attorney, victimized by Deadbeat Dad’s very many attorneys, victimized by the Courts, and victimized because I did not understand that I was being victimized. HOWEVER, I AM NOT A VICTIM AND NEITHER ARE YOU! Do something about your situation, and read my blog from time to time to see if I’ve made any progress with my own situation. Meanwhile, I extend to you my most sincere wishes for a positive outcome in your own case.

If you would like to share your story privately with me, you can write to me at justcallmecharley@gmail.com.

Oh — here’s My Disclaimer: I am not an attorney. I do not have a license to practice law. Therefore, I cannot give you legal advice and I don’t want to get sued for practicing law without a license, yadda yadda, yadda. That’s why I give you all the official links so that you can learn about the laws and regulations that govern any particular topic that I address. However, as a layperson, I can tell you about all of my experiences and wisdom without restriction, and I can certainly talk about my opinions and belief without getting sued (as long as what I say is the truth). And, in case you don’t know how I feel about Liars and Cheaters, you can read about that, too. The stories I write about are “the truth, the whole truth, and nothing but the truth — So, help me, God!

And just one final word to keep my conscience squeaky clean: Not all attorneys are dirt bags. Just all the ones associated with this particular case. And, I might add that a few of the judges should be put on a pedestal — not for positive recognition, but for a good public trial for misconduct. So, if you’re an ETHICAL attorney, I hope you will also be offended for me and not by me. I know that the “good ones” are out there. I just don’t know where…

…If you’re out there, now’s your chance to speak up!

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Trackbacks & Pingbacks

  1. Letter to the State’s Attorney | The Santana Saga
  2. Letter to the State’s Attorney: Criminal Nonsupport Complaint and Petition for State Enforcement (Child Support and Alimony) | The Santana Saga
  3. Collecting Your Past Due Child Support: What Your Attorney Won’t Tell You | The Just Call Me Charley Blog

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