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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88627
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I just settled a child support arrearage case in georgia which

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I just settled a child support arrearage case in georgia which included my license being given back to me. I brought this up in court and the judge addressed it. Now I am seeking for my passport to be reinstated. I contacted the Dept. of Human Services and they denied reinstating my passport without paying an unreasonable amount. I need my passport. What are my options to get it back given that I have no resources to pay the amount the law requires for arrearages.

Is it possible that I can contact the judge by mail asking for my passport to be given back. I failed to mention it when I was in court. What do I need to say in a letter to convince the judge to let me have it. My child support arrearages was not a case where I refused to pay but a case where I paid everything I had until I have nothing left. I am a 60-year-old mom who was alienated from my children and fought a custody battle for 15 years until my children grew up. My child support arrearages will be paid off when I reach the age of 110 years old so the judge saw my delimna and had me pay the mininum amount given me driving privelages. Please advise.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
You are going to have to go back to court, you cannot do it by mail, it has to be done by filing a motion with the court to ask for reinstatement of the passport as well as your license. You need to file a motion with the court though and go back for a hearing to ask the court to issue an order to reinstate your passport. This is your only remaining option if Human Services will not reinstate your passport based on the same deal under which they reinstated your license.


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Customer: replied 1 year ago.

What argument can I make for the judge to reinstate my passport? what are my strengths?

Expert:  Law Educator, Esq. replied 1 year ago.
Your strengths would be the same argument you used to get your license reinstated, you made a showing of good faith and are making payments as you agreed upon. Unfortunately, this is really the only chance you have, since the courts are very strict on child support arrears and these suspensions, just not as strict as Human Services who is just completely unreasonable.
Customer: replied 1 year ago.

Paul,


 


I made no argument other than the issues of reducing my child support. I just included my license reinstement when the judge granting me the reduction. This is why it seems that a letter to the judge could be all that is necessary for her to grant an order to have my passport reinstated. I have been in the court arena 15 years and have learned that rulings are not necessarily based on law. My argument is I own nothing, I have nothing, and the future looks bleak; at best. When I did have it; I gave it all to my children. I have medical problems that need to be monitored and have no medical insurance. I am pacemaker dependent that when the battery goes out, it's terminal. All this was the result of stress of this case. a passport would give me the opportunity to visit my daughter in Australia without the influence of my ex's family...and it may be the last opportunity I ever have. Surely to God there are other options available. The Court NEVER made a decision and allowed this case to drag on and on and on. at this point surely the judge could forfeit a hearing and do what's right. Or a lawyer could present this case in such a way that an order could be given w/o a hearing.....I was abused!

Expert:  Law Educator, Esq. replied 1 year ago.
You have to make a motion, to send the judge a letter would be unauthorized ex parte communication with the judge. Everything you ask the court must be filed by motion and Human Services has to be served a copy. So you have to file a motion with the court for reinstatement of your passport and it is going to require a hearing because Human Services is going to object, they always do.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88627
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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