QUESTION
Noncustodial parent won't respond to consent for passports
Asked on Jun 07th, 2016 on Divorce - Nevada
More details to this question:
My dad passed away 3 years ago and my mom has wanted to take my kids and I to the Philippines in July for 2wks to bring his ashes home where they'll have a special mass /reception there. We waited a few years for kids to become a little older to fly and it's also a great opportunity for them to learn about my heritage. I had sent an email to their dad in April who lives in CA to ask him to download consent forms, get it notarized and mail them to me. He hasn't even acknowledged the email. Mind you, he never told us he left NV, abandoning his visitation of 1day/wk (2yrs now), doesn't respond to emails. Though he pays the orig support amt, he's behind - refusing to acknowledge/pay increased supp, shared med/activities, won't update his addr, his employer ignored the garnishment order. My judge is aware of all his non-compliance - issued bench warrant, awarded him all the legal fees, etc. We are running out of time. Is there an easier, faster way to get consent, send a notary to his work?
1 ANSWER
Actually, there is an easy solution to your immediate problems -- and a more general one for the support problem.
First, with a relatively simple motion for a court order, you can cut out the requirement for spousal consent to passport issuance; if your attorney does not know how to do this, he or she can contact us. If you do not have an attorney, feel free to call.
On the support matters, you can directly enforce by wage assignment across state lines; if that is not working, the D.A. can intercept tax refunds -- and you should get the amount updated to account for increases, AND seek reduction of arrears to judment with penalties and interest. For details, see here and here.
Answered on Jun 12th, 2016 at 1:09 PM