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Is This Legal???

Posted by amber904 (My Page) on
Tue, Feb 17, 09 at 15:02

My step-kids' biomom is planning to move to another country very soon. She owes over a year's worth of child support and she also is in trouble with the IRS for claiming the kids last year. Her license is suspended but she doesn't have a warrant out for her arrest(yet). We are afraid that if she leaves the country we won't be able to get any child support out of her. We think that she is running from her obligations. Do you know if that is legal???
Also, if she was using a fake ss# to work in order to get out of paying child support for the past year, is there a way we can go after her for that??? We don't know the # she was using but we do know she was working and he xbf told us he thinks she was using her sister's ss#. Thanks for your advice!!!


Follow-Up Postings:

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RE: Is This Legal???

i would have your DH find a few hours to go and park himself at health and welfare. i know the people in my area are very helpful but i realize that's not always the case. regardless of how helpful they are, it's often the people that squeak the loudest that get things done. i would imagine a judge would want to subpoena her ex if he knows about the fake ss#. the warrant thing you'd have to check out as per your state. in mine, you have to not show up in court or something along those lines to have a warrant issued. (failure to appear, etc.) they don't issue them on back child support. or she'd have to get pulled over driving with a suspended license. you could always have her pulled over after drop-offs/pick-ups (assuming the kids wouldn't be aware of what's going on). your local sheriff's office should have a number to call. (non-emergency dispatch or something like that.)

i do have to wonder how she's planning on leaving the country without a valid license...wouldn't that pop up when her passport is checked??


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RE: Is This Legal???

Well I was wondering the same thing but I don't know if it would matter if someone has a suspended license if they already have a passport, which I think she does. I know she doesn't have a warrant out and we would have to wait until there was a court date but it is taking forever and she could be gone by that point. I suggested him calling the child support number and just mentioning that she has been working with a fake ss# and see what they say. Also, she doesn't live in our state so getting her arrested for driving with a suspended license is impossible for us, since we never see her....


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RE: Is This Legal???

"Do you know if that is legal???"

Doesn't sound like the law is much of a deterrant to her, does it?

Apart from the "It's not fair!" aspect of it, have you decided what it is you really want? Do you want her to be forced to stay in the country? She's already shown that she's willing to break a few laws to avoid paying child support, so collecting money may not be realistic...

I'd talk with your husband, decide what you want, then consult with your lawyer to find out if it's possible and realistic.


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RE: Is This Legal???

No that would not be legal. If it was me I guess the first call would be to the county attorney's office and let them know what you have heard. It will be up to them to go after her. That is who goes after parents for not paying anyway.


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difference

So is the county attorney's office different from the child support office?


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RE: Is This Legal???

I live in the midwest. In my state not only will they suspend a drivers license, but they will then deny someone a passport. Not sure how that works when the person already has one. In some cases back child support even shows up on a credit report!!!

I would definately start by calling and even maybe go to the states attorneys office and the child support office. Here they are two seperate places. Also talk to welfare if she is getting any assistance. Maybe even try taking her to court, even if you have to do it without a lawyer. Do a free consultation with a lawyer to see what you can do legally.

If she gets away then so be it, but at least right now you still have time to try.

Also, the back child support does not disappear. It will follow her. As long as you had a court order showing she was ordered to pay a certain amount it will continue to add up. Eventually it will catch up to her. I had a friend whose father went 15 years without paying cs. Then he got a good job, house, etc and back support began coming out of his checks and taxes began getting intercepted.


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RE: Is This Legal???

It is illegal to run from the IRS/from obligations that the court has implemented upon her. It is not illegal to move to another country especially since you/the dad have custodial custody of the child. I would let her place of employment know that she owes child support show them the documents/let them know that you believe she is using a false ss#. Secondly all you need to leave the country is a valid passport. I would notify the IRIS of her plans... and they can notify the United States Embassy and go from there. It may be in your best interest though to let her leave and then file for full custody and say that she shouldn't have any legal rights or visitation rights and that she has proven to the courts by her fleeing.


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RE: Is This Legal???

I also wonder how they monitor passports when they are used and if they can 'suspend' a passport like they do your license. DH was told by DCSS that if BM's license is suspended, she wouldn't know until she gets pulled over or goes to renew it. I wonder if it works the same with a passport? Do they enter your passport number into any database when traveling? I have taken mine once or twice but don't recall if they did more than just look at it and hand it back to me.

I agree, it's pointless to ask if it's legal... she has no respect for the law. Not the family laws or the IRS laws. She is more likely going to be in bigger trouble for running from IRS because they will seize anything they can and they will be able to track her outside the US. I agree, let her leave... it all catches up with them eventually. Does she want to see her kids? or is she abandoning them too?


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RE: Is This Legal???

I think to revoke/suspend someone's passport is a very big deal. Cannot simply be taken away. Unless we are taking abotu some international crime type of thing.

No I don't think they enter anything anywhere, I travel internationally and don't ever see them entering anything in a database. Hmmmm Now it makes me wonder though. I am looking in my passport now and it shows when I entered and left Frankfurt last summer. Never shows that I got back to the US. Don't they have to enter something somewhere? If they put no stamp in a passport, and eneter no data in their computers there is no record?

Now I am looking.. it shows I entered London on a separate occassion last year, but never shows if I ever left it. lol Maybe I am still there. haha Or that I got back to the US.

So i would assume US does not care if you enter or leave the country, otherwise there would be some record of it? But there is a law if you have dual citizenship you must use US passport to leave and enter the US (you can use your other passport anywhere else). Now how would they know which passport the person uses, if there is no record? They have to keep record of something somewhere.

I have to ask DD, she travels more than me. I'll pay attention next time.

As about tracking outside the US. I doubt IRS would do that. I suspect she is not the only person who owes money and is hiding elsewhere. Government can go after her though for using fake SS, but they have to do it now. It is tough to locate people after they leave.


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RE: Is This Legal???

I know years ago my ex worked for his father and was paying him "under the table", so that I wasn't getting support. I was told that if an employer knowingly helps a person avoid paying CS they become culpable for the support. Don't know about someone letting another use their SS#.
Lots of illegals do just that.


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RE: Is This Legal???

My ex was paying me cash for a few years because he was working for cash. Since the money was not being taken out of his check like was in the order they considered him in default.

He got his license suspended. He applied for a passport during that time and was denied due to back child support. He could not even get a hunting of fishing license! When he went to buy a home it was on his credit report and they would not finance him until it was taken care of! We finally got it all straightened out, but it took months of paperwork and headache and he was current on support really!


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