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chrissylcp

I would be grateful for advice on behalf of my uncle.

He grew up in Hawaii, married and left shortly after leaving his divorced wife and two children.

He reunited with his children and one has a son, his grandson.

He would love to go back to the States for a two week visit but is worried that old child support debts will catch up with him as he tries to enter.

He and his exwife are friends and she is very wealthy and is not trying to claim any money.

Does anyone know if he could get caught at immigration for an 30 year old debt?

He is not an American citizen and would be traveling on an EU passport.

Thank you if anyone has some advice.

TominStuttgart

I found this using Google. “Hawaii's statute of limitations for child support enforcement is the child's 33rd birthday or 10 years after the judgement was entered, whichever is later”

Source:  https://www.supportcollectors.com/resources_hawaii.php

And as far as I know either the ex-wife or children would have had to report and take legal action for him to have ever been in trouble – otherwise the authorities might never have known he was in arrears?

chrissylcp

Thank you very much!

Ciambella

If the ex-wife didn't file a complaint, if she never applied for benefits from the State of HI such as WIC, PACT, etc., AND if CWS (Child Welfare Service) was not involved at any time during those years, then there's not a complaint (even an outstanding one) out for him.  He wouldn't have any problems with Immigration.

If she received any kind of benefits during the time she raised the children on her own, even if she didn't file a complaint against him, the state would want their money back from the father (not the full child support, just the amount of benefits she received, plus interest).  Still, that's not a certainty that they've sent his name to Immigration.  DPPA (Deadbeat Parent Punishment Act) was established in 1998, so it might not apply to him at all.

BTW, all states have the same policy on benefit recovery.

TominStuttgart

Ciambella wrote:

If the ex-wife didn't file a complaint, if she never applied for benefits from the State of HI such as WIC, PACT, etc., AND if CWS (Child Welfare Service) was not involved at any time during those years, then there's not a complaint (even an outstanding one) out for him.  He wouldn't have any problems with Immigration.

If she received any kind of benefits during the time she raised the children on her own, even if she didn't file a complaint against him, the state would want their money back from the father (not the full child support, just the amount of benefits she received, plus interest).  Still, that's not a certainty that they've sent his name to Immigration.  DPPA (Deadbeat Parent Punishment Act) was established in 1998, so it might not apply to him at all.

This still doesn't contradict what I wrote above that if he was ever flagged for failure to pay could depend on a number of factors - and not necessarily be automatic.

BTW, all states have the same policy on benefit recovery.


But States have varying laws about statute of limitations. The situation would suggest that Hawaiian State law applies. Obviously the 10 year limit is passed so it depends on if any of the children in question are still under the age of 33. In addition, it is possible that after 30 years such a thing has disappeared from the computers even if the statute of limitations has not been reached.  I don’t know the process for finding out if there are outstanding warrants other than hiring a lawyer or getting a law enforcement officer to check but one would think that under the Freedom of Information Act such information should be obtainable.

Ciambella

TominStuttgart wrote:

Obviously the 10 year limit is passed so it depends on if any of the children in question are still under the age of 33. In addition, it is possible that after 30 years such a thing has disappeared from the computers even if the statute of limitations has not been reached.  I don’t know the process for finding out if there are outstanding warrants other than hiring a lawyer or getting a law enforcement officer to check but one would think that under the Freedom of Information Act such information should be obtainable.[/b]


The easiest way would be for him to ask his ex wife if she received any state benefits during the last 30 years (or whatever the number of years between his departure and when the children reached their majority.)  The OP stated that he and his ex are friendly, so I don't think that kind of question would be out of bounds.

The OP said she's wealthy and don't need the money, but was she also wealthy back when she was a single parent with two young children, wealthy enough that she didn't need help from the state?

TominStuttgart

Ciambella wrote:
TominStuttgart wrote:

Obviously the 10 year limit is passed so it depends on if any of the children in question are still under the age of 33. In addition, it is possible that after 30 years such a thing has disappeared from the computers even if the statute of limitations has not been reached.  I don’t know the process for finding out if there are outstanding warrants other than hiring a lawyer or getting a law enforcement officer to check but one would think that under the Freedom of Information Act such information should be obtainable.[/b]


The easiest way would be for him to ask his ex wife if she received any state benefits during the last 30 years (or whatever the number of years between his departure and when the children reached their majority.)  The OP stated that he and his ex are friendly, so I don't think that kind of question would be out of bounds.

The OP said she's wealthy and don't need the money, but was she also wealthy back when she was a single parent with two young children, wealthy enough that she didn't need help from the state?


Nothing bad in asking I guess but even if the ex-wife got benefits it does not mean conclusively that there would be a problem. And again, after 30 years the first thing would be to calculate if the statute of limitations is reached.

VcHeuser

If the wife sue him or trying to get him for child support Yes , if not I don't think he's anything to worry about , 30 yrs is a long time.... but I think while Trump is in the White House he should wait because he might  get in Trouble they are checking every one... Good Luck !

jland912

I don't believe immigration will detain anyone for this. They probably would not even have info on it.

Jim

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