My situation is I have child support that I'd been paying since 2010 till now. It was filed in Wichita, Kansas on 2010 when it got filed the first time. Its been automatically being deducted out of my paycheck every payday. My tax return has been going to the child support since my 2009 to now, except 2010 which I did not file that year due to I got laid off and did not work the entire year. Now, my son is 20 yrs old, just got married, and serving in the military.
I was told that once a child has reached the age of 18 child support will end, but I am still being automatically deducted percent of child support from my paycheck each payday. I have called the child support agency about my case, when I found out that my passport has expired. I cannot renew it and being revoked by child support because I have outstanding balance left.
I was told they have no data of me paying child support. I don't know how can that be when its automatically deducted from my paycheck each payday.
You should ask for an accounting of the child support account so that you can review the charges against the account as well as the payments that you made. In all likelihood, your pay is still being garnished because you were in arrears - and this will continue until the arrears are paid.
This response is for general purposes only and does not establish an attorney-client relationship. You should contact an attorney to fully discuss your issues.
The quick answer is that you will need to get your remaining child support arrears down to under $2,500, or enter into an agreement with the IV-D agency, in order to get your passport services reinstated.
To start off with, you'll need to get a copy of the support payment history from Kansas, as well as any other state that has enforced the order on Kansas' behalf (such as if DOR enforced the order down here in FL), then you're going to need to compare the payment histories to make sure that all of your payments made in one state are reflected in the accounting from the other.
You're going to need/want to set a consultation with a Family Law attorney whom is experienced in inter-state support enforcement issues and Title IV-D proceedings, because you're going to need to know where to challenge the determination of your arrearages which is permitting the denial of passport services under 42 U.S.C. 654(31).
Odds are you will NOT be able to resolve the matter through the Circuit Courts, so you'll need to obtain a written statement of the Final Agency determination so that you may challenge it administratively (here in FL you'd need to pursue that challenge through the Division of Administrative Hearings) - but often times it is just not cost effective to hire an attorney to challenge any of it & It's just simpler to pay down the arrears to a level that allows for the reinstatement of your passport privileges.
The answer provided is a general answer to a general question - and should NOT be construed as my giving specific legal advice, nor does it create any attorney/client relationship or expectation of privilege - and should you have specific questions you seek to address, then I encourage you to seek a consultation with an experienced Family Law Attorney in your area who may discuss your case with you and give you specific advice to assist you.
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