Florida Drops My Child Support Enforcement Case - but Why

[MikeFF]

This is an update to my other post a couple posts down.

I just got off the phone with Florida Child Support Services that handle enforcement of the Child Support Order.

They said the case is closed.

I said, why?

She said - we can't continue to enforce it because you're living in _______ (country in asia).

I said - my passport is OK then, I can get a new one. She said - yes. I said my driver's license can be reinstated? She said yes.

I said, as soon as I come back to the USA - how long will it take you to start enforcing the child support order again? She said after the mom requests their services again it will take 6-12 months.

So - I could live in the USA for 6-12 months before losing my passport to come see my family in Thailand, and my driver's license which would sure help me get to work... even if I'm paying support - anytime she asked them to enforce the order again.

Anyone had this happen? It seems bizarre... is it possible that it's a ploy by the State - to get expats that live overseas to return to the USA - so they can start the child support enforcement order again and keep me in the country?

I'd have to guess that once they knew I was back in the USA they could process a hold on the passport almost immediately.

[EA1970]

First you'd have to get a passport to return to the states.

Then yes - they could revoke it at any time. They could also jail you for non-payment and contempt.

As things stand right now, they can't enforce because you're in Thailand. Once you step foot back on US soil, they'll be able to enforce to the fullest extent of the law.

[KeyWestDan]

They could put out a warrant for your arrest. You do not mention the state but I have never heard of a state agency being able to put a hold on a US passport.

[Xena]

This is an update to my other post a couple posts down.

I just got off the phone with Florida Child Support Services that handle enforcement of the Child Support Order.

They said the case is closed.

I said, why?

She said - we can't continue to enforce it because you're living in _______ (country in asia).

I said - my passport is OK then, I can get a new one. She said - yes. I said my driver's license can be reinstated? She said yes.

I said, as soon as I come back to the USA - how long will it take you to start enforcing the child support order again? She said after the mom requests their services again it will take 6-12 months.

So - I could live in the USA for 6-12 months before losing my passport to come see my family in Thailand, and my driver's license which would sure help me get to work... even if I'm paying support - anytime she asked them to enforce the order again.

Anyone had this happen? It seems bizarre... is it possible that it's a ploy by the State - to get expats that live overseas to return to the USA - so they can start the child support enforcement order again and keep me in the country?

I'd have to guess that once they knew I was back in the USA they could process a hold on the passport almost immediately.

Here's a link to your previous thread:
http://www.expertlaw.com/forums/showthread.php?t=103640

I have a novel idea for you- rather than putting so much time and worry into how you can return and not have to pay, why don't you start making payments on the arrears?

Yes, once you are back here the DOR can suspend your passport and take other enforcement measures. Of course, if you contact them and make an agreement to pay and follow through with the payments, it's far less likely that the DOR would take any further action.

[MikeFF]

Yeah, wow, that's a novel idea... Brilliant.

Instead of tell everyone the 16 pages of information that I'd need to in order to bring everyone up to speed on every detail of my sordid story, I left out most.

I'm trying desperately to find out - if I go to get a new passport, will I be arrested at the embassy? Is there a warrant for my arrest that can be enforced at the US embassy?

If I have a passport I can legally work in this country - and pay support. Just like I'd been telling all of them for 3 years. I'm not against paying support... well, I am, but I'm not resisting paying support. I've just had no job for 3 years because they yanked my passport. Should I have returned to the USA to sort it out 3 years ago? Maybe, but I thought I could work on my own projects online without returning to the US - and make enough to pay back what I owe in arrears.

After 3 years of trying that I'm ready to admit it's going to be impossible to catch up, and ready to make it all right - but, just continuing to stay here and work legally would be the best move because I have a family here that isn't destroyed - going very well - and better I don't go to jail in the USA and have my passport taken again - so I can't visit my family in Thailand for 1-2 years while I pay off the balance.

I have no address, phone, city or state where the mom of my son is living... so contacting her to find out how to send payments to her directly is impossible for now. I've emailed her to an address that is 2 yrs old - maybe it will work.

I've looked at warrants in FL - there is none. There may be a federal warrant though - they say. I can't find a database to search to find out.

[distressedmom]

If there is an existing order, wouldn't payments be going to the state or local county court versus to the parent?

[MikeFF]

Well, there was an order... and now it's "Closed". Whatever that means. The woman at Child Support Enforcement was not happy to fill in the blanks and I didn't know what to ask. I asked - what happened. She said, we can't enforce it - you live in Asia.

I think maybe my son's mom just stopped it somehow. But she isn't telling me anything.

[Xena]

Yeah, wow, that's a novel idea... Brilliant.

Instead of tell everyone the 16 pages of information that I'd need to in order to bring everyone up to speed on every detail of my sordid story, I left out most.

I'm trying desperately to find out - if I go to get a new passport, will I be arrested at the embassy? Is there a warrant for my arrest that can be enforced at the US embassy?

If I have a passport I can legally work in this country - and pay support. Just like I'd been telling all of them for 3 years. I'm not against paying support... well, I am, but I'm not resisting paying support. I've just had no job for 3 years because they yanked my passport. Should I have returned to the USA to sort it out 3 years ago? Maybe, but I thought I could work on my own projects online without returning to the US - and make enough to pay back what I owe in arrears.

After 3 years of trying that I'm ready to admit it's going to be impossible to catch up, and ready to make it all right - but, just continuing to stay here and work legally would be the best move because I have a family here that isn't destroyed - going very well - and better I don't go to jail in the USA and have my passport taken again - so I can't visit my family in Thailand for 1-2 years while I pay off the balance.

I have no address, phone, city or state where the mom of my son is living... so contacting her to find out how to send payments to her directly is impossible for now. I've emailed her to an address that is 2 yrs old - maybe it will work.

I've looked at warrants in FL - there is none. There may be a federal warrant though - they say. I can't find a database to search to find out.

You just don't get it do you?

There is an existing order for CS (yes, although the FL DOR has stopped enforcement at this time, an order did exist and still exists until such time as the court orders otherwise.)

You did NOT pay as ordered, hence you accrued arrears.
Arrears caused your passport to be suspended. Note: Passports are NOT suspended for parents who are paying thier court ordered support.

Your claim that you have been unemployed for 3 years because your passport was suspended, and that you cannot work without a passport is nothing more than dead beat parent rhetoric. You CAN have a job without a passport where you live now.

You claim that yoou now want to make this right, well there are 2 ways you can do that:

1. get a passport and come to the US, try to get a job in a very bad economy and take your chances with not paying anything. Or, of course you could come here and reach an agreement with the DOR to pay, but in all honesty they will very likely suspend your passport since you have proven that you will flee the country.

2. Apparently you are working where you live now, there is a thing called mail, it does run from country to country. All you have to do is to make your payments by mail from where you are, very simple and it WILL be paid off at a point in the future.

The choice is up to you, you can do it the easy way or the hard way. You should also know that FL does NOT have a SOL on CS arrearages, you will owe then forever and they can take action forever.

[MikeFF]

Hi Xena,

Apologies for reacting to your "I have a novel idea for you - " response.

I just re-read what I wrote before and what you were replying to - and I failed to mention in that post that if I returned to the USA that I'd begin working to payoff the balance right away. I forgot to share that morsel - and of course you were right in assuming that I wasn't going to pay it - I mentioned nothing about it in that blurb.

I also just noticed that you're in FL. I also just noticed that you are a senior member and I've just read a lot of threads here and you replied in a good percentage of them.

In a later post when you said I "just don't get it" - it's true. You're spot on with that. I don't get much of what's going on. If you would help me 'get it', that'd be great!

I think I just don't understand the process of getting a warrant. Instead of go to jail I'd do almost anything, not least of which is pay the child support!

Once a parent has not paid and once the balance goes sky high... over $40,000. And once the case has been open in FL for 3 years without any payment through the system. What happens?

Who actually must get a writ warrant? Is it CSE? Because they say the case is closed.

Can it go to a federal attorney who processes it as a federal warrant then?

Who initiates that?

The mother of my son said she told CSE she doesn't want me to go to jail over this. Which is great. Because I'm all for paying if there is any threat my dumbass will be in jail.

Does she need to cooperate with CSE to push the case to get warrants at the state or federal level?

Or, does the process just roll along on it's own without involvement by my son's mom?

Since I can get the passport reinstated I can work here and send $500 to 1000 per month through the DOR to start knocking out the balance.

If I return to the USA it would only be to see my son and return to Thailand.

If instead of see my son I go to jail because of a warrant then it kills anything positive that was happening.

I checked the writ warrant database search. There's nothing on me - my last name - nobody.

CSE said there is no warrant.

Clerk of Circuit Court said CSE doesn't have the case anymore so there would be no warrant.

So I'm guessing that my son's mom would have to push the issue to the courts again to get a warrant. Is that right in your opinion?

Thanks for any help you can offer. If you don't feel like offering - that's ok too. Sorry again for jumping the gun. It IS an emotional issue...