Summary
The applicant, a 54-year-old janitor, faced financial issues under Guideline F, including child support delinquencies and credit card debt. His financial difficulties were attributed to unemployment and the criminal actions of a former employer. The applicant resolved his child support obligations and made significant payments toward his debts, leading to a favorable decision for security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant owed judgment debts of $2,550 entered against him and in favor of child support enforcement in June 2004 (1.a). Applicant owed judgment debts of $2,550 entered against him and in favor of child support enforcement in January 2005 (1.b). State tax liens or warrants had been entered against him in April 2006 for $2,534 (1.c). State tax liens or warrants had been entered against him in June 2007 for $2,879 (1.d). Applicant owed $19,110 in delinquent child support (1.e). A financial judgment of $9,864 to a consumer debt collection agency (1.f). State tax liens or warrants had been entered against him in October 2002 for $3,244 (1.g). Two delinquent utility debts of $182 (1.h). Two delinquent utility debts of $163 (1.i).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(b). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(d). The decision turned on the following: The applicant resolved his child support issues, leading to the closure of his child support account; He made substantial payments toward his delinquent credit card debt, demonstrating financial responsibility; The applicant's financial problems were largely due to circumstances beyond his control, including unemployment and employer misconduct.
Why the Applicant Prevailed
- The applicant resolved his child support issues, leading to the closure of his child support account.
- He made substantial payments toward his delinquent credit card debt, demonstrating financial responsibility.
- The applicant's financial problems were largely due to circumstances beyond his control, including unemployment and employer misconduct.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(b)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“An applicant is not required, as a matter of law, to establish that he has paid off each and every debt listed in the SOR. All that is required is that an applicant demonstrate that he has ‘ . . . established a plan to resolve his financial problems and taken significant actions to implement that plan.’”
Procedural Posture
- SOR issuedApr 24, 2009
- Answer filedMay 18, 2009
- Hearing heldJun 17, 2009Applicant represented himself with assistance.
- Decision dateJul 29, 2009
Cite For
- Resolution of Child Support Obligations Under Guideline F
- Mitigating Circumstances Due to Employer Misconduct
- Significant Efforts to Repay Debts and Improve Financial Situation