I owe about 50,000 but it's mostly interest. I have had custody of my children since they were 11 and 16. They are now 18 and 23. I want to travel with them. Is there any way I can get my passport?
Edmund Lee MontgomeryFamily Law AttorneySan Bernardino, CA ·
Your child support arrears must be below $2500.00 in order to get your passport back. Homeland Security is who has a hold on your passport. DCSS and Family Court have no ability to override their authority.
You need to contact an attorney and see if you can work out a deal to get rid of the arrears.
Is this a public assistance or a privately retained case? Generally, if you owemore than $2,500.00 they pull your passport. If it's a private case, you can negotiate with the supported spouse to reduce the arrears, if the supported spouse is willing to do it. If it's a public assistance case, then DCSS handles those cases.
The fact that your children are now legal adults doesn't change the fact that you owe the child support with interest per California law.
What is the reason you want to travel? If it's for work, you could argue it and have a compelling reason to do so. If it's for personal reasons, then they're going to ask why you aren't paying that money towards child support.
Did you have full custody? Why wasn't it modified?