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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118285
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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NC Child Support Services have put a hold on my passport due

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NC Child Support Services have put a hold on my passport due to unpaid support. I contested this and the account went into audit. After 18 months, they finally sent me the audit. The audit says that I owe $8,606.00. This was the amount of a check that I wrote to them in Feb of 2007. I had an audit completed in 2009 that said that the check was good and applied to the account. What would be the statute of limitations on this? I am trying to track down the check/statement, but the account is closed. The bank was not able to produce the account info and requested a min of 7-10 days, but they specifically mentioned that the account shows no returned or bounced check. If they apply the check, my account is up to date. What happens if I can not produce evidence of the check due to account closed and time passed? Am I going to be forced to repay the $8606.00 to get my passport back? By the way, my spouse is in the military and we live in Japan. Since Sep 2010, I have not been able to return to my residence due to the passport being suspended. Our 3 children are living with me because my wife is considered deployable and not able to care for the children. They are threatening to take away our housing because her dependents are not living with her. I can not get a job because we can not afford day care with us trying to maintain 2 households. We have a history of payment and have our state Congressman trying to find out why this is happending. The state of North Caroline said they could produce a copy of the check, but it has been 2 weeks, so I doubt they will find it.
Submitted: 6 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 6 years ago.
There is no statute of limitations on child support in this type of case. You will have to track the check down, even if the account is closed the banks have that information in their computer system and you will have to get it from them and even if you can only show it by the account statements it will show the payment, but generally they do indeed have the copies of these checks, but have to look for them on their computer and microfilm files sometimes as well. If you cannot find the proof and you cannot get the state to produce it, then they will not release your passport unless you pay the amount. If the check was never cashed you will have to write the check again. This is the only way you will get your passport reinstated.

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