Legal Question in Credit and Debt Law in Alabama

I am 58 years old. I was recently denied a U.S. Passport because of child support arrears in Alabama. I live in New York. The original court order was in Alabama sometime in 1983. My daughter is almost 29 years old and the case has been closed since she turned 21. I owe 18,000.00 in arrears which is a difficult, but manageable debt. The problem is that Alabama is one of those few states that elected to charge interest on arrears. That interest amounts to just over 50,000.00. That's a grand total of 68,000.00. I have two part-time jobs, no visible assets, and I live in a small studio and I'm in very poor health. At my age there is no realistic horizon for me to pay off this debt before I'm a very old man. Is denying me a U.S. Passport constitutional? They are depriving of my liberty to travel where and when I want. This is a civil matter and not criminal one. Am I a prisoner in my own country? What are my options? I can pay off the 18,000, but not the interests. I also found out they can take a sizeable portion of my social security when the time comes. Everybody gets a second chance, why not me? Can this be mitigated to everyones mutual benefit? Thanks! Larry


Asked on 4/17/10, 6:33 pm

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

Larry, you get the message. Pay your child support. Yes, it is constitutional. You should get into court in Alabama and attempt to arrange some payment plan and ask for relief from the court with respect to your passport. Let me guess, you have not been back to court in Alabama. You'd better get before a judge and start paying. Once you start paying, the court may reduce the amount you owe. You will get no relief unless you start making regular timely payments. Get in front of the court!

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Answered on 4/25/10, 8:17 am


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