daisy0206
recently joined
Reged: 12/26/06
Posts: 5
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My ex had an affair and he filed for divorce a few years ago.
My kids and I live in NJ. My divorce order requests my ex to pay child support as well as to share other expenses because he was working in Wall street. Ex hardly obey court order since the parties divorce and had been taken to Court a few times for arrears. I recent got a court order which orders that ex be arrested upon my application to the Court if he does not pay the arrears he owes. However, I just found out that ex and his wife moved to Hong Kong about two months ago and he refuses to obey the Court's orders. (Ex is a US citizen, but he has no house in the us anymore)
My questions are : What can I do to get the arrears and to ensure ex continue to pay child support while living abroad? Can I ask the Court to hold ex's bank accounts or take money out of his bank accounts (Ex is doing very well financially)? Can I ask the Court to issue an order now to have ex arrested at customs if he enters this county in the future? Will it be used to against me in the future if I mail the Court's Orders as well as ex's criminal records to his current employer oversea to force him obey US Court orders? (Well, he may face the fate of being fired if his employer finds out his criminal history) Also, what can I do to find out his new employer oversea? Does anyone know any investigation agencies in Hong Kong?
A lot of thanks!
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matart1
Carpal \'Tunnel
Reged: 09/01/05
Posts: 2798
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correct me if I'm wrong but it is my understanding that it is possible to have an individual's drivers license suspended (or revoked not entirely sure about that one) for arrears and also to intercept their tax returns....could you also have gotten his Visa/Passport flagged?
we have posters on here who may have a ncp who are supposed to pay and do not if the person strongly decides not to pay they just won't regardless of consequences...unfortuately the sytem is overwhelmed and outdated to work the proper way it should. with your ex going so far to move to even Hong Kong, you may not be able to have anything happen unless he tried to reenter the country and be caught and that might only happen if his license or Passport was flagged somehow.
good luck to you because this is already difficult enough already.
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Life is a long lesson in humility.
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daisy0206
recently joined
Reged: 12/26/06
Posts: 5
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Thank you very much for your reply. I didn't know that I could get ex's driver license suspended nor did I know that I could get his passport flagged or intercept his tax returns when I took him to court for arrears in the past. I wish I had posted here before.
I requested the Court to garnish his salary a few times. But, my request was denied every single time. It is so horrible to have to go through this, which the Court could have prevented by garnishing his salary.
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tsl
Pooh-Bah
Reged: 06/24/04
Posts: 2274
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I can't understand how the state can deny your request for a wage withholding order as I thought that was federal mandated?
With him working overseas, he may qualify for special breaks with the IRS for working over there and all that.
What i recommend is you go to the Federal's child support site adn read up on the laws. If you find something can be done, notify your courts, petition them, go through CSE office, etc. If nothing happens at the local level then you start climbing the ladder
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Duct tape can't fix stupid but it can keep them out of the way."
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Buckeye
Carpal \'Tunnel
Reged: 12/08/05
Posts: 7857
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When all else fails, contact your Congressman. He may not do anything but maybe he can lead you in the right direction.
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19891
Loc: Third rock from the sun
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If he owes more than $2,500 in arrears, his passport can be revolked.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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daisy0206
recently joined
Reged: 12/26/06
Posts: 5
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Thanks all for your reply.
My ex actually owes more than $10,000 arrears for the past 10 months. The Court orders him (just recently) to pay more than $10,000 arrears within 10 days , otherwise he will be arrested. However, he now moved out of the US. So this order looks useless.
I do receive basic child support through probation department (probation department took the money out of his pay check directly). However, there are still other expenses that my ex paid directly, such as childcare expenses, etc. This is the part he owes arrears, and this is the part I tried so many times but failed to have the Court to agree to garnish his salary . Now with him running away from the US, I don't know how I can even get the basic child support besides other expenses he is supposed to pay directly.
Since he is in Hong Kong already, I doubt whether I can have his passport revolked. Do any of you have any ideas?
I'll try all your suggestions. Thanks a lot again.
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hglucky
newbie
Reged: 01/16/05
Posts: 37
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I believe the minimum for passport action is 5000 USD in arrears. But sounds like that isn't a problem. Yes, they can revoke his passport, even if he is already overseas. It would probably be flagged as being invalid. Now authorities getting their hands on the invalid passport is another story. I wonder much effort the embassies really put into these things (not tested yet), but maybe they would. He can have his passport revoked, theoretically be issued a temporary passport long enough to be deported, and then deal with it in the US.
Also, the max. income overseas that is tax exempt is 80k. Anything over that is due tax collection. It won't matter if he is a resident there. The only exception might be if he is earning money that is taxed by another government. He would then apply for some exemption based on already paying taxes from that income. But he would still owe taxes on all US earned income including investment income and interests in US accounts.
Garnishing a salary from a foreign employer may be possible if the resident country has a reciprocal agreement with the US in regards to child support collections. I wonder about China though. But even if they don't, there is a possibility they would still somehow assist. I would contact the US State Department, or even contact the US embassy in Hong Kong directly and ask them what can be done. You may be transferred several times, or have to call back when so and so is back from vacation leave, or because so and so only works half days, but usually each embassy office overseas has a person responsible for family matters such as this. There are many expats out there as well as embassy worker's families so these issues come up frequently enough in many countries to require some attention by the US embassy staff.
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Buckeye
Carpal \'Tunnel
Reged: 12/08/05
Posts: 7857
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I would think if the US was able to revoke his passport, the Chinese would be VERY interested in this person.
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daisy0206
recently joined
Reged: 12/26/06
Posts: 5
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Thanks hulucky and buckeye. I guess that I have to file a motion with the Court to revoke my ex's passport? Or can I call some agencies, such as Child Support Enforcement, to get it done?
I'll try to call the Hong Kong US embassy to see what they can do for me. This is a wonderful idea. Well, it never hurts to try, right?
Thanks again.
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