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SHOP39TH
May 22, 2012, 10:56 AM
Is it a violation of civil rights for child support to revoke your drivers license that stops you from gaining employment and danies you from getting a passport that will allow you to gain employment?

smoothy
May 22, 2012, 11:02 AM
Is it a violation of civil rights for child support to revoke your drivers license that stops you from gaining employment and danies you from getting a passport that will allow you to gain employment?

No... because that's a punishment for NOT making your court ordered payments. Driving is a privilege not a right.

You don't NEED a passport to work. Most jobs are inside the country you reside... and you don't NEED to drive... there are busses, bicycles... taxis...

AK lawyer
May 22, 2012, 01:48 PM
Is it a violation of civil rights for child support to revoke your drivers license that stops you from gaining employment and danies you from getting a passport that will allow you to gain employment?

No, but it's another example of idiots writing legislation.

FYI, Smoothy, that old right v. privilege saw really doesn't cut. It's a distinction without a difference.

Many places do not have public transportation. The obligor should just plan on riding a bicycle 50 miles to work, huh?

And there are some who would seek to obtain employment out of the country. Did they think about that when they wrote the law? No. They were simply trying to appease their constituents.

smoothy
May 22, 2012, 07:13 PM
And prevent people from fleeing to other countries to avoid child support... and yes there are people that would do that... mostly foreign born but not limited to them.

As far as a right vs. privilege thing... while I can not quote case law... (being I'm not a lawyer). I think that argument was made and ruled on over the Drunk driving end of it. Years ago.

Inconvenient yes... that's the point... they don't HAVE to work overseas... look at it this way... what is more oppressive... throwing a deadbeat dad in jail... or inconveniencing them. I know two that have actually been in jail for a few years so far in Virginia for refusing to pay court ordered child support on children their wives had through affairs with OTHER MEN during their marriage that have been proven to NOT be theirs via DNA tests? Yes that DOES happen.