[NYELI11]

We divorced through an online divorce agreement and judge just signed in IL. I didn't realize that my child support will eventually be a lot and unable to make the payments. She is in Europe and I'm USA. I am behind my payments and the reason I can catch up is because of my debt and utility payments. I am making payments, but I'm behind few months. Can she enforce the child support from Europe? I live in a different state now from the place we divorce. She has my sons and she's not giving me information about them and I heard she had a surgery. Even tough, I gave her permission to go to Europe with my kids, I realize that I miss my kids and I can't afford going there like I taught. I asked her several times for us to work a plan, but she refuses to answer my emails, I don't have too much information about my kids medical nor education, according to the divorce she has full custody, but regarding education and medical we have share custody. I don't know what to do...

[cdad]

You may have to go back to court to have the visitation revisited. Please realize that if you are behind in child support then you may not be allowed out of the country even to visit your children. They take away / deny a passport if your behind by $1,500.

Also at that time when you ask about custody canges you can ask for records etc. If you have joint legal custody she should be keeping you informed.

[AK lawyer]

... She is in Europe and I'm USA. ... Can she enforce the child support from Europe? ...

Sure. It doesn't matter where she is. She can get an order, from a court in the state where you are now, requiring you to make the child support payments, and holding you in contempt of court of you fail to do so.

... They take away / deny a passport if your behind by $1,500. ...

If the parent who has custody requests that to be done.

[Alty]

Yes, you still have to pay child support even if your kids are in Europe. Kids in Europe also need to eat, be clothed, go to school, have a roof over their heads, and all the other things all kids need. It doesn't matter where they live, you're the father and you have to help support them.

If you're not happy with the custody arrangements then go back to court. But the child support, that's your responsibility, no matter how unhappy you are about the decisions you made.

[cdad]

Sure. It doesn't matter where she is. She can get an order, from a court in the state where you are now, requiring you to make the child support payments, and holding you in contempt of court of you fail to do so.



If the parent who has custody requests that to be done.

Nope. If your paying through a state agency then they do it as an automatic thing. That's the new trend now is to make criminals of those that pay child support. Its all about control.

[AK lawyer]

Nope. If your paying through a state agency then they do it as an automatic thing. Thats the new trend now is to make criminals of those that pay child support. Its all about control.

If a state agency is involved.

And it's $2,500. Child Support Payments and Getting a U.S. Passport

Or maybe $5,000:

"42 USC sect. 652
...
(k) Denial of passports for nonpayment of child support
(1) If the Secretary receives a certification by a State agency
in accordance with the requirements of section 654(31) of this
title that an individual owes arrearages of child support in an
amount exceeding $5,000, the Secretary shall transmit such
certification to the Secretary of State for action (with respect to
denial, revocation, or limitation of passports) pursuant to
paragraph (2).
(2) The Secretary of State shall, upon certification by the
Secretary transmitted under paragraph (1), refuse to issue a
passport to such individual, and may revoke, restrict, or limit a
passport issued previously to such individual."
42 U.S.C. § 652 : US Code - Section 652: Duties of Secretary

[Fr_Chuck]

You may try and get the court moved to where you live now, but I am not sure they will.

Of course she can inforce it, easily, since the court order is in the US, ( IL) Child support enforcement basically does it automatically if turned over to them.

Also it is set on your income, so it should be the same as any father is paying, so has income changed since the separation.

Visitation does not really effect this, and since you gave permission to move, not much to do about that.

[cdad]

If a state agency is involved.

And it's $2,500. Child Support Payments and Getting a U.S. Passport

Or maybe $5,000:

"42 USC sect. 652
...
(k) Denial of passports for nonpayment of child support
(1) If the Secretary receives a certification by a State agency
in accordance with the requirements of section 654(31) of this
title that an individual owes arrearages of child support in an
amount exceeding $5,000, the Secretary shall transmit such
certification to the Secretary of State for action (with respect to
denial, revocation, or limitation of passports) pursuant to
paragraph (2).
(2) The Secretary of State shall, upon certification by the
Secretary transmitted under paragraph (1), refuse to issue a
passport to such individual, and may revoke, restrict, or limit a
passport issued previously to such individual."
42 U.S.C. § 652 : US Code - Section 652: Duties of Secretary

Looks like a revision of the code in 2009 as the old code from 1996 (original) I believe was at the lower level. Now even traveling to Mexico and Canada require a passport might have been behind the revision. For some it represented just 1 months worth of child support. Thanks for the update