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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118779
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My U.S. Passport is being denied to pay my alimony! I became

Customer Question

My U.S. Passport is being denied for failing to pay my alimony! I became divorced in the spring of 2014 and was a 100% service-connected Veteran at the time. My ex-wife was working, finishing college and has no disabilities. Despite that, the judge awarded spousal support. I have tried appealing it a number of ways to no avail and I was only able to pay it for about 6 months, at which time I stopped. My CHILD support has always been paid on-time, in-full. About 4 months ago, I applied for a passport and my application is being denied, according to the Passport office, for failing to pay CHILD support. I am stuck in the swamp of typical logistical complications of government offices and employees who are able to use their own interpretation of law to handle important logistics for systems they control (i.e. NYS Support Collection Unit maintaining that I should not have a passport even though my child support is pay in-full). NY State has also garnished my federal taxes, revoked my driver's license, and other such things. The agencies all tell me this is only allowed for CHILD support, never SPOUSAL support. I need help!
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am sorry to say that this means you are going to go to court. 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, then you are ineligible to receive a U.S. passport. Alimony or Spousal support is NOT MENTIONED in the law as grounds to suspend or deny a passport.
So, you will have to file a motion in court in NY for a court order to release your passport that is being held now in contravention to the US code and NY law regarding passport suspension and alimony.
Customer: replied 1 year ago.
Where can I find an attorney that will handle this matter for me and include their expenses as legal fees (pro bono)?
Customer: replied 1 year ago.
My phone number is(###) ###-#### ***** help.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
We cannot represent anyone from this site as it is forbidden by state law. You have to go to legal aid locally or contact the NY bar for the pro bono attorneys in your area for legal representation. You can also call the local attorneys and negotiate fees with them, as they all set their own fees and have room to negotiate with you and you can find local family attorneys at the same sites used by other attorneys, or