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Been in South America for 11 years. Owes back child support but was told if he returns to US he will be Jailed. How can he pay what he owes if he is in jail?

2006-09-24 20:27:45 · 11 answers · asked by littlerocksnowball 1 in Politics & Government Embassies & Consulates

Do not have all details at this moment. This person wants to return to the US to take care of this debt. Seems to be running into brick walls at the embassy in South America.

2006-09-24 20:33:37 · update #1

11 answers

A U.S. citizen cannot be prevented from returning to the United States. That is a Constitutional matter, also part of international law. The US Government cannot revoke a person's citizenship without his consent. However the State Department can (and must, according to law) revoke a person's passport if he has unpaid child support and if the request is made by the state authorities.

There was a long tradition of alimony jail in America, and specifically in New York. That scarcely exists, but "deadbeat dad" jail is quite alive, and a real risk. The bars of Latin America and Asia are full of debtor dads who dare not return and face the same conundrum you pose: they have no assets, can't go bankrupt against child support debt, and can never work it off.

State officials will not care whether the debtor is in jail, or is working and paying off the claim. Either way the case is off their desk. (In many of these cases there is no practicable way for the debt ever to be paid. We are not (usually) talking about middle-class folk with big salaries, homes and pensions.) This is one of those 'unintended consequences" of a law that seemed like a good idea at the time, but has proved vindictive rather than helpful to the chld. Take away the father's driving license and how can he earn anything? Take away his passport and he's stranded wherever he is. (Unless he happens to have, or qualify for, another nationality.)

((In many, perhaps most, of these cases, the State is seeking recovery of benefits it paid to a single mother. Getting the father to pay will not, in fact, help the child. Even if that is not the case, anything he voluntarily pays is NOT deducted from what he owes because he gets credit ONLY for what is paid through State child support officers.))

A recent Y! Question was from a disabled American veteran who had been falsely claimed as a father, and believing the lie had voluntarily supported the child. Now DNA evidence proves he's not, but the court -- basing its ruling on the "best interests of the child" as it legally must -- refuses to relieve him of liability. In other words, because the mother can't or won't go after the real father, this guy has to pay.

Since he can't work, they have garnisheed some of his VA benefits.

If the Amcit has been in South America for 11 years he should qualify for citizenship in that country. Take it; get a new passport, and forget about the USA. It's not the only game in town.

2006-09-24 22:42:47 · answer #1 · answered by Anonymous · 2 1

There's no need to be visiting the embassy since it is there for providing services between the US and Brazil - the consular section does visa etc. and this person is a US citizen (I assume) so he would not have to go there. Even if his passport is expired he can return home by proving that he is a US citizen. No body will arrest him upon return. All he will have to do is report without delay to the court that handled the child support case. Warrants for his arrest if any were issued can then be withdrawn. The longer he plays around in Brazil the longer his child suffers. The court will not jail him for failure to support unless he decides that he will not support - ie. spends big on leisure etc. He simply has to work with the court to make life for his child better than I can assume it is now. But going to the embassy is absolutely meaningless.
Once he gets back to the US he must make a serious effort to earn money as quickly as possible - legally that is!, and give the lions share of that money to the child. I wish both he and the unfortunate child luck. And sorry to the mother for her trouble in raising the child alone.

2006-09-25 21:11:04 · answer #2 · answered by brian s 2 · 0 0

Sad to ay i cant belive this poerson wnats to return to the usa to pay child suoppprt ... if he meant to oay suopport he would have done it for last 11 years ...

im a singlke dad and take care of my son..

i say he is being told what is right ... get ajob and take care of child then try coming back to the good life .

2006-09-25 03:38:01 · answer #3 · answered by illogicalbeats 2 · 0 1

Pay what you owe now, while you're employeed and while you're generating an income. Hire a lawyer to handle your case to have the charges dropped. Did you denounce your American citizenship? If so, it's going to be MUCH harder for you. Pay your bills, hire a lawyer and you should be fine. Good luck bro!

2006-09-25 03:31:59 · answer #4 · answered by Jerrysberries 4 · 1 1

He needs to consult a US attorney, to find if there is a way they will let him back into the country so they can arrange a payment schedule to payback the support.

2006-09-25 03:30:14 · answer #5 · answered by jgood 2 · 1 0

id like to know the outcome of this scumbag's delimna... 11 years and he's more interested in his welfare when the child is at least 11 and needed the support all that time.

2006-09-25 03:43:17 · answer #6 · answered by nick_in_miami 3 · 0 1

noone hit the nail on the head as ANDY on top did one other thing is that upon your re entry you will be held for the authorities of that state to come and extradite you back really its a futile motive stay where you are

2006-09-25 10:04:07 · answer #7 · answered by aldo 6 · 1 0

No, he has a right to go back to his own country. He cannot be barred for any reason.

2006-09-28 18:38:15 · answer #8 · answered by Travis R 3 · 0 0

ah bureaucratic bliss. technically he has been criminally negligent for 11 years. coughing up a few bucks 11 years too late isn't going to do it.

2006-09-25 03:32:05 · answer #9 · answered by Anonymous · 1 1

can you work, and pay it before you return?

2006-09-25 03:29:38 · answer #10 · answered by Anonymous · 1 0

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