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can passport be suspended if non payment of cs? Maryland

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  • can passport be suspended if non payment of cs? Maryland

    i am wondering if the ncp stops paying child support can he leave the country? is there any way his passport can or will be suspended?

  • xena
    replied
    Originally posted by milspecgirl View Post
    thanks for clearing that up xena, I didn't realize it was like that. We were under the impression here (TN)that our bio would have to have contempt for non-pymt filed before any of that other stuff could be done
    I need to clarify my post- the info I posted is the steps a state CSE agency is required to take.
    A CP whose order isn't enforced by a CSE can file a contempt motion at any time because an individual cannot suspend DLs, ect without a court order.
    Even in situations where CSE is involved, the CP can contact CSE and request a contempt motion, but the CSE has to take the other steps first. Although the CP contacting them will get the ball rolling toward eventual contempt alot faster.

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  • milspecgirl
    replied
    thanks for clearing that up xena, I didn't realize it was like that. We were under the impression here (TN)that our bio would have to have contempt for non-pymt filed before any of that other stuff could be done

    Leave a comment:


  • xena
    replied
    Originally posted by milspecgirl View Post
    contempt is the first thing always- you are held in contempt for not following a court order. then, they can punish you for it. Normally, they will give you some chances to pay it. CSE will help you persue other remedies such as getting the tax return, suspending the license/passprt, and possibly jail time
    It doesn't work that way in FL or GA. Thier laws and CSE agencies are required to first send a notice of delinquency to the NCP, at the same time they can put in for a tax intercept and notify credit agencies, then 30 days later they can suspend DL and passports. 30 days later, If the NCP makes no effort to pay after those actions they have to verify NCP's address, then if address is verified they can file a contempt motion. However, the other actions must be taken before a contempt motion can be filed.

    I realize that each state has different laws, which is why I asked which way the OP's state does the enforcements.

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  • milspecgirl
    replied
    contempt is the first thing always- you are held in contempt for not following a court order. then, they can punish you for it. Normally, they will give you some chances to pay it. CSE will help you persue other remedies such as getting the tax return, suspending the license/passprt, and possibly jail time

    Leave a comment:


  • xena
    replied
    Originally posted by mommyof4 View Post
    Yes, his passport can be suspended, just as his driver's license license can. Keep in mind, though, that this is an option after he is well into arrears. It won't happen the minute one payment goes missing. There will be court hearings for contempt, and other measures will be taken before any of this comes to pass.
    Does it work this way in MD? I know in FL, GA, and several other states contempt is the last resort, usually DLs and passports are suspended before other actions are taken.

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  • mommyof4
    replied
    Yes, his passport can be suspended, just as his driver's license license can. Keep in mind, though, that this is an option after he is well into arrears. It won't happen the minute one payment goes missing. There will be court hearings for contempt, and other measures will be taken before any of this comes to pass.
    Last edited by mommyof4; 01-18-2007, 10:56 AM.

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  • milspecgirl
    replied
    i would check with a lawyer about suspending, because I think they can

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  • MissingStepkids
    replied
    They will not issue him a new passport, but his current passport can still be used until it expires.
    Last edited by MissingStepkids; 01-18-2007, 06:39 AM. Reason: wrong word

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  • milspecgirl
    replied
    the federal gov't can suspend the passprt yes

    Section 51.70 (a) (8) of Title 22 of the Code of Federal Regulations states, in part, that if you are certified to Passport Services by the U.S. Department of Health and Human Services (HHS) to be in arrears of child support payments in excess of $2,500, you are ineligible to receive a U.S. passport . http://travel.state.gov/passport/ppi...amily_863.html

    i believe the key is that it has to be going through CS services or has to have an open claim so the gov't will know there is an arrearage.

    If you think someone is going to try this, contact CSE immediately and ask them what you should do next.

    If you are thinking of doing this- DON'T

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