Deadbeat Dad Gets Passport Back and Pays 300,000 in Restitution for Felony

[collins101]

My question involves child support in the State of California enforced by Nevada DA where NCP lives:

The father (NCP) of my 3 children was arrested for a felony of operating without a securities license and theft. Out on bail wearing an ankle monitoring bracelet his attorney requested his passport be returned which was granted by the court.

To stay out of jail he (NCP) has agreed to pay over $300,000 in restitution. I believe this is unfair for my children are owed over $17,000 in arrears and there is currently a hold on his passport.

I received an email from the Nevada District Attorney stating that if the father of my children attempts to book an out-of-country trip he will be denied. They further claim our state (California) will not issue a 'release' of the passport until the arrears are paid to zero. This doesn't make since for I have traveled overseas and they do not ask for my passport number when I book a ticket I only produce it at the airport. I really wonder if his travel is prohibited in any way if he has his passport in his possession. Also I believe it is unfair that criminal restitution has precedence over my child support lien that was filed back in 2003 after the NCP was convicted for nonpayment of support. These crimes the NCP committed were in 2008. Both the Nevada District Attorney but also CSSD filed a lien against his name and property in Nevada.

[Dogmatique]

Did you have a question?

Criminal restitution does take priority as a rule.

[aardvarc]

Having the passport in his possession doesn't mean that they'll ACCEPT its use, nor allow him to board an international flight. Ticketing agents typically don't check for passport status any more than they would (or could have access to) warrant status, driver license status, etc. If he wants to get all the way to the airport to be turned around and eat the cost of ticketing, then he can learn the hard way. Just as when your driver license is suspended for failing to pay a ticket, cops don't show up at your house to take away your license - you just have it in your possession until John Q. Lawenforcement happens to run into you on a routine traffic stop, and THEN they take the license away. Same for passports. Simply having it doesn't make it valid or useable.

[collins101]

After further communication with CSSD I received the following email:

Ca&Nv know $ is owed.There's a pymnt plan of 150/mo on arrs.When inquiries are recv'd about pasprts workers view intercept screens to confirm if a case is flagged.Once you specifically said you were aware he went outside USA,we revw'd old case NOTES to see if a release had been done before.A release was found to be done in 2008.Per US Dept of State statues,once it's released it's good for 10 years(even if a case is flagged).There's no code that says your $ can be paid before his crim case.

The NCP was unable to renew his passport after it was stolen in 2007 so he paid over $12,000. He has fallen into arrears again owing over $17,000 with not a single enforcement measure in place.