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  1. #1
    Join Date
    Mar 2014
    Location
    GA
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    1

    Default Ex-Spouse Won't Sign for a Passport Unless I Waive Arrears

    My question involves child support in the State of: GA

    My ex-husband and I are both in the military. I am the custodial parent of our 13 year old son and have an assignment to Guam which requires my son to obtain an official passport. My ex has not paid child support in roughly 3 years and I am currently pursuing this issue with the state. He says that he will not sign the passport documents unless I send him a notarized statement saying that he does not have to pay any back or future child support. He is close to $20,000 behind in payments. If he does not sign the document I will still have to go on my 4 year assignment, but my son would have to go back with him and I am very uncomfortable with that. There is a reason I am the custodial parent. I am not an expert, but this sounds like a crime to me, but everything was said over the phone and he refuses to email me or text. Any guidance would be greatly appreciated. Thank you.

  2. #2
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Support Enforcement and the Military/Military Pcs.blackmail

    It's not a crime. File a motion in court and ask the judge to order him to sign the passport application. Bring the application to the hearing.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Ex-Spouse Won't Sign for a Passport Unless I Waive Arrears

    Here's the governing regulation:
    Quote Quoting 22 CFR Sec. 51.28(3)
    (3) Execution of passport application by one parent or legal guardian.

    A passport application may be executed on behalf of a minor under age 16 by only one parent or legal guardian if such person provides:

    (i) A notarized written statement or affidavit from the non-applying parent or legal guardian, if applicable, consenting to the issuance of the passport, or

    (ii) Documentary evidence that such person is the sole parent or has sole custody of the minor. Such evidence includes, but is not limited to, the following:

    (A) A birth certificate providing the minor’s name, date and place of birth and the name of only the applying parent;

    (B) A Consular Report of Birth Abroad of a Citizen of the United States of America or a Certification of Report of Birth of a United States Cit- izen providing the minor’s name, date and place of birth and the name of only the applying parent;

    (C) A copy of the death certificate for the non-applying parent or legal guardian;

    (D) An adoption decree showing the name of only the applying parent;

    (E) An order of a court of competent jurisdiction granting sole legal custody to the applying parent or legal guardian containing no travel restrictions inconsistent with issuance of the passport; or, specifically authorizing the applying parent or legal guardian to obtain a passport for the minor, regardless of custodial arrangements; or specifically authorizing the travel of the minor with the applying parent or legal guardian;

    (F) An order of a court of competent jurisdiction terminating the parental rights of the non-applying parent or declaring the non-applying parent or legal guardian to be incompetent.

    (G) An order of a court of competent jurisdiction providing for joint legal custody or requiring the permission of both parents or the court for important decisions will be interpreted as requiring the permission of both parents or the court, as appropriate. Notwithstanding the existence of any such court order, a passport may be issued when compelling humanitarian or emergency reasons relating to the welfare of the minor exist.
    When a custody order does not already qualify a parent to obtain a passport without the other parent's consent, and the other parent is competent, there are three options for seeking relief from the custody court:

    1. Petition to modify custody from joint legal to sole legal custody;

    2. Petition the court to authorize you to apply for a passport, without regard to the father's legal custody rights;

    3. Petition the court to specifically allow the international travel for which the passport is required.

    If it were me, I would probably seek an order that satisfies both prongs two and three, e.g., "It is hereby ordered that [mother] is authorized to apply for and obtain a passport for the minor child without [father's] consent; It is further ordered that [mother] is authorized to transport [minor child] to Guam in association with her service in the U.S. military." (The language could be refined a bit, but I suspect you get the idea.)

  4. #4
    Join Date
    Dec 2012
    Posts
    24

    Default Re: Ex-Spouse Won't Sign for a Passport Unless I Waive Arrears

    I'm no help with the child support situation, but I know about living in Guam. Your dependent doesn't need a passport to live on Guam if you fly there through Hawaii instead of Japan during your layover. Guam is part of the United States.

  5. #5
    Join Date
    Sep 2005
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    98,846

    Default Re: Ex-Spouse Won't Sign for a Passport Unless I Waive Arrears

    It's a military assignment, so I expect that they'll be flying the route Uncle Sam tells them to fly.

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Ex-Spouse Won't Sign for a Passport Unless I Waive Arrears

    Quote Quoting Mr. Knowitall
    View Post
    It's a military assignment, so I expect that they'll be flying the route Uncle Sam tells them to fly.
    While I don't disagree...Guam is a US Territory and even if somehow they have to fly via Japan, that shouldn't make a difference. They should not have to go through customs in Japan to connect to a flight to Guam.

    Now, that doesn't mean that the military, for one reason or another might not require the child to have a passport...I have zero idea what the military might or might not require and/or for what reason. However I know that I don't need a passport to visit Guam or any other US territory.

  7. #7
    Join Date
    Dec 2012
    Posts
    24

    Default Re: Ex-Spouse Won't Sign for a Passport Unless I Waive Arrears

    As part of a military family, we have been to Guam without passports for our children by flying through Hawaii. The military ticketing office should listen to which route you'd rather take due to the passport situation.

  8. #8
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ex-Spouse Won't Sign for a Passport Unless I Waive Arrears

    If you were in the military you also know that you don't always have the option of waiting for a different flight, and if you don't have a passport for your child when you need one that can be a real problem.

  9. #9
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Ex-Spouse Won't Sign for a Passport Unless I Waive Arrears

    Quote Quoting Mr. Knowitall
    View Post
    If you were in the military you also know that you don't always have the option of waiting for a different flight, and if you don't have a child for your passport when you need one that can be a real problem.
    I didn't know that passports needed children...tee hee.

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