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  1. #1
    Join Date
    Sep 2012
    Posts
    2

    Default Child Support Arrears and Driver's License or Passport Application

    My question involves child support in the State of: Massachusetts

    My husband (who now lives in California) owes child support arrears on a court order from Massachusetts, the two children are now 23 & 19, and both live on their own in Massachusetts. His case was transferred to Los Angeles County when he moved here (we now live in a different county in California).

    My husband has his paychecks garnished to pay the arrears and he has been paying monthly for approximately two years. Yes, he was a deadbeat dad for quite some time before we met and accrued a lot of debt. In addition to the wage garnishment, our federal and state income tax refunds are confiscated (even when mine was the only income....so unfair). He has been unable to obtain his CA driver’s license or passport. We went to court once in order to ask for a restricted license; before the proceedings began all of those there regarding support cases were asked to go to another room (alone) and asked to make an agreement with the lawyer/DA, whoever it was. My husband agreed to make a certain payment and the lawyer stated that his license would be released in approximately 2 weeks. Needless to say it was never released. I believe that it would have been better to have a court ordered from the judge, but what's done is done.

    My questions are.... What is the best way to get either his license released or a restricted license issued? And is there any way to get his passport issued? He owes a large amount of support greater than $30,000 (I have family out of the country and wish that my husband could travel with me to see them). Do we have to have the case heard in Massachusetts?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Child Support Arrears and Driver's License/Passport Issues

    There is absolutely no way he's going to get a passport when he owes more than $30k. It's just not happening, I'm sorry.

    Time for him to go back to court and request, again, a restricted license. Please understand that $30k is not inconsiderable - the State may well outright refuse.

  3. #3
    Join Date
    Sep 2012
    Posts
    2

    Default Re: Child Support Arrears and Driver's License/Passport Issues

    I understand that $30,000 is a ridiculous amount of money, I can't defend his irresponsibility in falling that far behind (by the way, that includes interest). However, now that he is being more accountable it seems irrational to not allow him to drive to work in order to pay the support he owes. I know that the final decision will come from the judge, I was hoping to get some legal advice regarding what the BEST way to proceed would be, in order to give us the best chance possible of obtaining is license and (long-shot) his passport.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Child Support Arrears and Driver's License/Passport Issues

    Quote Quoting Sindirn
    View Post
    I understand that $30,000 is a ridiculous amount of money, I can't defend his irresponsibility in falling that far behind (by the way, that includes interest). However, now that he is being more accountable it seems irrational to not allow him to drive to work in order to pay the support he owes. I know that the final decision will come from the judge, I was hoping to get some legal advice regarding what the BEST way to proceed would be, in order to give us the best chance possible of obtaining is license and (long-shot) his passport.
    Well...there IS one option that you have perhaps not considered....

    Take out a loan to cover the child support balance, perhaps even negotiating a payoff amount with his ex.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Child Support Arrears and Driver's License or Passport Application

    Offer to pay CS enforcement $15k to release the license hold. They may bite. If you can afford international travel, you should be able to afford $15k.

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