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Modified Support Order and the Chances of Obtaining a Passport Now

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  • 02-25-2011, 05:40 PM
    Emilie
    Modified Support Order and the Chances of Obtaining a Passport Now
    My question involves child support in the State of: NJ

    My partner has been unfairly burdened with the responsibility of child support for seven years. Recently, the grandmother (custodial parent) received a notification of intent to modify the child support order.

    The letter from Domestic Relations states: the court intends to modify the support order no less than 60 days after the date of the notice because:
    The defendant is unable to pay, has no known income or assets and there is no reasonable prospect that the defendant will be able to pay in the foreseeable future. The defendant's financial obligation is assessed at zero. Arrears are remitted without prejudice.

    She has an option to request re-opening this case but has indicated she will not owing to the complicated circumstances involving the absent mother and the fact she is in a financial position to take care of the child.

    My question is this: Will it now be possible for him to obtain a passport? We had been working towards paying off all of the arrears in order for him to travel internationally for a family wedding but it now seems the arrears will be waived. Or can the arrears "re-surface" if he applies for a passport?

    I ask that responders please reserve moral judgement as the situation is quite complicated. I would appreciate any opinions/information regarding his eligibility for a passport once the case is closed.
  • 02-25-2011, 06:01 PM
    Dogmatique
    Re: :confused: Modified Support Order and the Chances of Obtaining a Passport Now
    (I do find it interesting that you included a moral judgment - that your partner has been "unfairly burdened" - yet requested that nobody else do so.... ;) )

    The very second those arrears are gotten rid of, your partner should be able to obtain a passport - he might need to provide the passport office with a copy of the order, but generally he should be fine. It may take a little while for the records to show that, however - so patience might be needed.

    Enjoy Australia! :)
  • 02-25-2011, 06:17 PM
    Emilie
    Re: :confused: Modified Support Order and the Chances of Obtaining a Passport Now
    Thank you for your speedy response.

    Yes, my statement was hypocritical - I suppose I consider myself more entitled to make a well informed moral judgement considering my knowledge of the details. Then again, I could be considered biased. Regardless, point taken ;)

    Fantastic news, thank you again for your time.
  • 02-26-2011, 01:13 PM
    EA1970
    Re: Modified Support Order and the Chances of Obtaining a Passport Now
    "Remitted without prejudice" doesn't mean forgiven. It means that they are temporarily suspending active collection pending future ability to pay, but the arrearages still exist.

    In my experience CSE has to release the hold they have instituted with the State Department and it is very likely that they have not done that.

    If I had to say one way or another, my guess is that he probably won't be able to get the passport hold lifted.
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