Brooklyn, NY asked in Civil Rights, Child Support and Family Law

Q: Civil rights violation by child support unit

I'm in the process of filing for disability, there was a child support modification filed to modify the child support order, which has not gone in effect until I am approved of disability as it can take months and I am accumulating arrears, I'm no longer able to work, the child support unit canceled my passport, they're also trying to cancel my driving privileges I did a few case studies online where specifically states that child support unit does not have authorization or any of the employees by child support unit to cancel, threaten,abuse authority to cancel their passport or license .

My civil rights are being violated, what can I do ?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: I'm sorry to hear about the difficulties you're facing with the child support unit while you're in the process of filing for disability. It sounds like a very stressful and frustrating situation. Based on the information you've provided, here are a few thoughts and suggestions:

First, you may want to consult with a family law attorney who specializes in child support matters, if you haven't already. They can review the specifics of your case, advise you of your rights, and potentially help you navigate the system and advocate on your behalf. Some attorneys offer free or low-cost initial consultations. There are also legal aid organizations that provide pro bono assistance to low-income individuals.

In terms of your passport being cancelled, the U.S. State Department can deny or revoke passports for individuals who owe over $2,500 in child support arrears. This is authorized under federal law. However, you may be able to get your passport reinstated if you enter into a payment agreement with the child support agency and make consistent payments. An attorney can advise you further on this process.

Regarding your driver's license, each state has different laws around suspending licenses for unpaid child support. In some states, the child support agency can administratively suspend a license without going through the courts. In others, they need a court order. Again, a local attorney familiar with your state's laws is in the best position to counsel you.

If you believe the child support agency is acting improperly or outside their legal authority, you can file a complaint with their office, contact your state representatives, or even explore filing a lawsuit if your civil rights are being violated. Definitely discuss these options with an attorney first.

In the meantime, continue to be proactive with your disability claim. Once approved, immediately notify the child support agency so they can modify your obligation going forward. You'll likely still owe the arrears that accrued in the interim, but the ongoing monthly amount should be adjusted based on your new income. Maintain documentation of everything.

I know it's an overwhelming situation but don't give up. Seek out legal assistance, assert your rights, and take things one step at a time. Wishing you all the best as you work to resolve this.

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