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s10czar · Joined: 20 Feb 2010 Posts: 60

ref below: my question is- what if your child support goes into arrears while you're overseas but your passport is currently valid with many years of eligabilty left? Can they deport you? Thanks

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Section 51.70 (a) ( Cool

of Title 22 of the Code of Federal Regulations states, in part, that if you are 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, you are ineligible to receive a U.S. passport . If this applies to you, 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:

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

Never Ceased To Be Amazed · Posted: Mon Nov 01, 2010 5:17 am Post subject:

Who are "they"?

NCTBA

fladude · Joined: 02 Feb 2009 Posts: 432

They don't have the authority to extradite you.... And they wouldn't bother to anyway.

The law says what it says. It says you will not be "issued" a passport if....

Since you already have a passport it won't affect you. However, when you go to renew the passport.... they won't issue you another one unless this has been dealt with. Which means you either have to start paying child support, or figure out some way to become a citizen of another country before your passport expires. My advice is to pay child support.

s10czar · Joined: 20 Feb 2010 Posts: 60

NCTBA- "they" would be the state officials of whichever country you're in.

The gist of my question is that while passports are issued once every 10 years, work visas need to be renewed regularly. So I'm wondering if going into arrears could prevent renewal of a work visa somehow.

Thanks fladude- pretty much what I was hoping to hear, although I'll continue to do some research.

I know you folks aren't lawyers, neither am I. Just need some no-BS information from guys with boots on the ground.

tttompatz · Posted: Tue Nov 02, 2010 1:11 am Post subject:

scot47 · Joined: 10 Jan 2003 Posts: 15343

You will not be deported but you may have problems in renewing your US passport. Why not pay the money ?

Justin Trullinger · Posted: Tue Nov 02, 2010 3:28 am Post subject:

Here are a few bits of food for thought.

Some countries have recipricol arrangements to chase child support. In the case of such a country, they wouldn�t deport you; simply confiscate part of your wages at source, and send them to the appropriate place. This is reasonably common between and amongst European countries, I've been told, but I do not know which countries, if any, the US might have such a relationship with. It would be best to find out, though.

Also know: if you fail to pay court ordered child support, and the other parent pushes the issue, you can very likely be found to be in contempt of court. As in "arrest warrant issued" kind of contempt of court. This could make visits home rather interesting, in ways you might not care for. This depends on state law, of course. Talk to a lawyer. BUT...it seems, to a layman's eye, that a contempt finding is particularly likely if the other parent�s counsel presents evidence that you have fled the jurisdiction (left the country) in order to avoid paying or having wages garnished.

And once that has been done, it may very well turn up on background checks, even AFTER you resolve the issue. There's potential for long term career harm in that.

Then there's the "what if" problem. You passport has many years to run, and on the face of it, this situation only affects passport issuance, so what's the problem?

What if your passport is stolen? Lost? Burned in a fire or washed beyond recognition in your jeans pocket?

Then you may find yourself in a foreign country, depending on the issuance of a new passport in order to get on with your life...and find that your options are limited.

I'm not a lawyer. Just a guy with my boots on the ground who knows quite a bit of the reality of life overseas, and reads a lot. If I were in this situation, I would talk to a lawyer before I made any decisions.

I would also think carefully about the situation. These bureaucracies to enforce child support payment, and the laws that support them, exist for a reason. A high percentage of the people living in poverty in the US are children, and women solely supporting children. A big factor in this is the attitude of a lot of absent parents (usually fathers) that child support is somehow optional.

In addition to the legal ramifications for the father who goes overseas and doesn't pay child support, it's probably worth considering the other ramifications (economic, practical, social) for the child whose father goes overseas without paying child support.

There are, by the way, a number of teachers overseas who avoid this whole issue, simply by making a monthly bank transfer.

Good luck with your decisions,
Justin

Justin Trullinger · Posted: Tue Nov 02, 2010 3:57 am Post subject:

An add on to my previous post:

s10czar · Joined: 20 Feb 2010 Posts: 60

wow, great replies all. Thank you very much.

My reasons for posting are multitudinal. Without a doubt, there are other guys like me out there that could benefit from this discussion.

Just so everyone knows, my child support is current, so I'm no deadbeat. It is also FAR FAR above what an ESL teacher in most countries could afford to pay (Think 80-90% of your pre-tax earnings.)

Finally, realize that all mothers are not damsils in distress, with virtuous natures. Realize that more often than not MEN are the victims in family law situations. Think how it would feel to be lied to. To have your child taken from you. To be told to your face -with a sinister smile- that you're nothing more than a walking ATM.

Yes, think about it. And wear a condom. They lie.

Thanks again

Justin Trullinger · Posted: Tue Nov 02, 2010 5:39 am Post subject:

Man- good luck with the situation. And don�t take anything I wrote to mean any personal disapproval. We don�t know the specifics of your situation. (Or need to; it's not THAT kind of a forum. Wink

) You're looking for info about what would happen if you "deadbeated" in another country, and this is what we have.

These situations can hurt everybody. Not all women are innocent, of course, but all children are. Which is probably where I may come off as judgemental on that issue- I've worked with a lot of poor children whose absent parents SHOULD have been contributing, and weren't. (Many in countries where the law provides scant recourse.) Does the law on this victimize women or men more? An imponderable, or at least outside of the scope of an EFL forum.

YOur payments may be more than an EFL teacher can afford, but then again, maybe not. Post a dollar amount, or approximation? Some teachers I know are certainly saving more than an average child support payment.

YOur statement "Think 80-90% of your pre-tax earnings" contains a considerable flaw. 80-90% of my pre-tax earnings where?

YOur statement sort of implies an international "standard" EFL wage, and there�s really no such thing.

There are countries where teachers earn less that $1000 a month, and live well. THere are also places where teachers SAVE much more than $1000 a month. 80 to 90% percent of WHICH income?

It also depends on your qualifications- tell us about you. Where would you like to go? Got a degree? Teaching quals? Experience?

Also, remember that child support is often determined based on a means calculation. If your means change (such as by taking a salary cut to go overseas) you may be able to apply to the court to change your payment levels. Talk to a good lawyer.

Best of luck,
Justin