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Lawrence D. Gorin
Lawrence D. Gorin, Family Law Attorney
Category: Family Law
Satisfied Customers: 1503
Experience:  30+ years family law experience. QDROs, UIFSA, UCCJEA expertise.
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I am an American live in Australia. My passport has been revoked

Resolved Question:

I am an American live in Australia. My passport has been revoked because I owe back child support. Before setting up payroll deductions, I paid the mother directly, because there was no other reasonable way. She refuses to give credit for the amounts owing, so my passport has been revoked, and I cannot work because I cannot travel. Presently, I have to earn about $80,000 a year Australian, to meet my support obligation. ... I was never given notice that passport was going to be revoked, so was never able to contest it, I have set up a good payment arrangement (even before the passport was revoked, on my own initiative), and I need it to travel. I've already contacted the state authorities in the US (Texas) and they are not responding, other than to say, "the mother can lift the restriction if she wants" - but that's it. What can I do? Can I file a civil lawsuit through the US consulate in Australia? What are my options? I miss my kids, won't ever get back at this rate. Thank you!
Submitted: 5 years ago.
Category: Family Law
Expert:  Lawrence D. Gorin replied 5 years ago.
ANSWER:
First, check out the following website from the US State Dept. It will probably provide all of the information you are seeking.
http://travel.state.gov/law/info/info_608.html

You would be well-advised to borrow the money, if necessary, to pay-off the back child support (doing so by sending payment to the state’s child support collection agency) so as to clear the record. If you have to owe somebody money for past due child support, better to owe it to a bank rather than to the state.

Also, regarding the money you paid directly to the mother: If you did so at a time when there was a child support order in place, and the mother is refusing to consent to the recognizing the payments made as being child support and authorizing the state to give you appropriate credit on your child support payment record, you may have legal recourse. You really need to be in touch with a Texas lawyer (assuming that the state that in enforcing the support order) to assist in the process. Trying to do this from afar will be extremely frustrating (as you are already discovering) and most likely unsuccessful. Keep in mind that the state’s child support enforcement agency is really a huge state-operated debt collection agency. You are the debtor, and viewed as a deadbeat debtor at the moment. The state’s debt collection agency is not gong to be sympathetic to you or your situation, and probably not very courteous either. Most likely, if anything positive is going to get done, it will require the assistance of a lawyer who is work on your behalf.

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Lawrence D. Gorin, Family Law Attorney
Category: Family Law
Satisfied Customers: 1503
Experience: 30+ years family law experience. QDROs, UIFSA, UCCJEA expertise.
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