How to get a passport if you owe back child support
Passport Denial Program 101 | The Administration for Children and Families
Publication Date: September 7, 2021
Sometimes it’s difficult to collect past-due child support, especially when those amounts reach into the tens of thousands of dollars. The average amount owed among noncustodial parents with child support debt is more than $23,000. In some instances, it isn’t because these parents can’t pay, but because they choose not to pay. The Passport Denial Program provides an effective tool to collect past-due support from delinquent parents who want to travel outside of the United States — for vacation, work, or any other reason.
OCSE received authority to initiate the Passport Denial Program as part of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Back then, the Passport Denial Program promised to be a revolutionary new enforcement tool to help children and families get their past-due support. Today the program is much more successful than the child support community ever imagined.
Informing parents
Noncustodial parents who owe past-due support receive a Pre-Offset Notice that explains the amount they owe and provides information about the remedies OCSE can use to collect and enforce repayments of that amount. The notice explains the authority for these remedies including the Passport Denial Program. It also gives the parent an opportunity to contest the amount owed and instructions on how to appeal.
How the program works
The Act provides for the denial, revocation, and restriction of U.S. passports when a parent owes at least $2,500 in past- due support. Child support agencies submit information on parents who meet the criteria for passport denial. OCSE forwards those parents’ names to the Department of State to reject their passport applications. The State Department will also revoke a current passport when the parent surrenders it to a passport agent or embassy representative for service, like to add pages, change a name, update a picture, or repair or reissue a damaged passport.
When the State Department denies or revokes a passport, it sends the parent a rejection notice and instructs them to contact the appropriate state child support agency and provides the points of contact.
Criteria for removal
The law does not require child support agencies to remove individuals from the program when their past-due amounts fall below the $2,500 threshold. States request removal according to their policies and procedures and based on case-by-case reviews. Some will work with parents to set up reasonable payment plans to help them stay current, while others will require partial or full payments.
OCSE removes the noncustodial parent from the program when the past-due balance reaches zero or the state deletes or excludes the case. Submitting states are the only agencies that can request a parent’s withdrawal from the Passport Denial Program. If more than one state submits the same parent, all certifying states must request withdrawal before the State Department will issue a passport.
If the state has multiple cases for the parent, the state must withdraw all of them.
Making it happen
OCSE’s Passport Denial Customer Service Team acts as a liaison among state child support staff, the State Department, parents, regional staff, congressional liaisons, attorneys, employers, and others. The team has three main goals:
- Use the program as effectively as possible to help families get past-due support
- Explain the process to parents whose passports have been denied
- Provide a fast and easy way for the parent to get their passport when the state releases it
The team quickly collaborates with OCSE partners to help everyone involved. They respond to numerous telephone and email inquiries daily, sometimes handling inquiries from multiple people about the same case.
For cases where the state has not requested a parent’s removal, the team may need to take additional steps including:
- Giving the parent appropriate contact information for the state child support agency and the State Department
- Coordinating with an OCSE regional office
- Communicating with congressional liaisons
- Facilitating communication between all parties involved
Coordination among child support agencies, the team, and the State Department is critical to ensure that everyone involved in the passport denial process gets prompt responses and actions.
Wildly Successful
In 2020, states reported nearly $16 million and over 2,300 success stories from those payments. Since its inception, states have reported nearly $514 million in collections through the Passport Denial Program with seven collections of more than $300,000.
| Payment Amount | State receiving collection | Parent's Reason for Payment |
|---|---|---|
| $714,000 | California | Business travel |
| $419,000 | Missouri | Additional pages added to passport |
| $407,000 | California | Professional athlete traveling to Europe |
| $401,000 | New York | Business travel to East Asia |
| $345,000 | Washington | Business travel |
| $311,000 | California | Business travel |
| $310,000 | California | Travel to the Middle East to see ill father |
For more information about the Passport Denial Program or to share a story about an interesting collection your state has made, contact the OCSE Special Collections Team at scollections@acf.
hhs.gov or visit the Passport Denial webpage.
ABOUT THE AUTHOR
Rebecca Hamil is a member of the Passport Denial Team at the Office of Child Support Enforcement.
Can I Get a Passport if I'm Behind on Paying Child Support?
Electronic payments and wage garnishments make it easier today to collect child support than in past decades. That does not mean child support enforcement is no longer an issue. Some parents are thousands of dollars behind in paying their court-ordered obligation.
According to the federal Office of Child Support Enforcement (OCSE), the average amount owed by a noncustodial parent is more than $23,000. OCSE is part of the U.S. Department of Health & Human Services (HHS).
Not paying child support has consequences. Anyone owing $2,500 or more in past-due support cannot get a U.S. passport. Those with a passport will have the travel document revoked leaving them unable to travel out of the country.
Passport Denial Program
State child support enforcement (CSE) agencies, through OCSE, notify the Department of Treasury about parents in their state who are behind on child support.
Parents who are behind by a certain threshold will receive a pre-offset notice.
Parents receiving this notice meet either of these criteria:
- Noncustodial parent is at least three months behind and owes at least $150 (for cases receiving Temporary Assistance for Needy Family-TANF)
- Noncustodial parent owes at least $500 and is behind three months or more (non-TANF cases)
The pre-offset notice explains how much the parent owes, that any federal tax refunds due them will be intercepted, and what steps their state CSE can take to enforce the obligation. The notice also tells the delinquent parent about the Passport Denial Program.
The Passport Denial Program was created as part of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. The OCSE notifies the Department of State (DOS) when noncustodial parents owe more than $2,500 in back child support. Applications for a U.S. passport made by these noncustodial parents are denied by DOS.
Any passports that have been issued to them cannot be used for travel.
If you apply for a passport but owe child support, DOS will notify you that your application for a passport is denied due to unpaid child support.
Removing Passport Restrictions
If you wish to receive a U.S. passport, you must pay all back child support owed. New Jersey has a zero-balance policy that requires that the child support account be brought current before anyone can be removed from the Passport Denial Program.
Once you no longer have a balance the following will occur:
- The New Jersey Family Support Payment Center (FSPC) requests for OCSE to remove your name from the passport denial process.
- HHS then communicates with DOS to have your name removed from the list.
- It takes two to three weeks from the time the request is received to the time your name is removed.
- DOS your application for up to 90 days after the notification of denial. If DHHS clears your name before the 90-day period expires, your current application will be processed.
- If you pay the owed child support after 90 days, you will need to reapply and pay the associated fees. You will not receive a refund for the fees paid with the previous application.
Parents who have child support arrears in other states will have to reach out to that state CSE for its process to pay what you owe. Your name will not be removed until all back support owed in all states is satisfied.
Other Consequences of Not Paying Child Support
State and federal authorities treat child support payments seriously. When you fall behind on child support, your passport isn’t the only thing at risk.
Additional consequences of not paying child support include the following:
- Driver license suspension
- Professional and business license suspensions
- Hunting and fishing license suspensions
- Bank account seizures
- Real estate liens
- Negative credit reporting
- Charged with contempt
Modifying Your Child Support Order
If you have fallen behind on your child support because your income has decreased, your ability to work has changed, or other factors, then you should seek to officially modify your child support order.
Any change is not retroactive, and you will still need to pay what you owe. Petitioning the court as soon as possible is important so a downward modification is in place moving forward.
Getting a downward modification is no easy task. Providing for a child’s well-being is of paramount importance. There must be demonstrable reasons for the change, and it is up to the judge to make that determination.
Our attorneys at Lane & Lane, LLC have more than six decades of experience in family law. Whether you are considering filing divorce in New Jersey or on the other side and need help with enforcement or modifications, our team uses a compassionate yet strategic approach in representing our clients.
Schedule a consultation with a member of our legal team to discuss your options. Submit our online form or call us at (908) 259-6673 to get started.
production time, why they can refuse and where to complain if they delay receiving
I ordered a new international passport through state services not at the place of registration.
The issuance period is three months, but five have already passed. State services write that the passport is being printed, but this status has not changed for about a month. Can you please tell me how can I speed up the process?
Dmitry Sergeev
security expert
Author profile
Daria, if you have not been denied a passport, and the deadline for issuing a document has already passed, then officials are violating the law. You can complain about their work and punish those who allowed this situation. nine0003
Deadlines for issuing international passports and grounds for refusal
You received a notification in your personal account at public services that your passport has been sent for printing. This means that you have ordered a biometric passport - unlike ordinary ones, they are not issued at the place of issue, but are sent to be printed at the Goznak factory.
As a matter of urgency, an application for a foreign passport must be considered within three days.
But this requires a good reason, which must be confirmed by documents, for example, a certificate of treatment abroad or a death or illness of a close relative abroad. nine0003
In other cases, according to the law, a passport is issued within a month from the date of application. The term can be extended up to three months in such situations:
- the application for a passport was submitted at a place other than the place of registration. This is just your case;
- the applicant previously had access to top secret or sensitive information;
- the applicant receives a passport at an embassy or consulate abroad.
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How to get a passport
It takes a lot of time to issue a document - from a month to three, as I indicated above - because it is necessary to check whether the applicant has obstacles to issuing a passport. This, for example, is an outstanding criminal record, service in the FSB or alimony debts.
Citizens themselves must point out such obstacles, but they do not always do so.
Community 06/15/21
They don't give me a passport because I don't live at the place of registration. It is legal?
Sometimes applicants are denied a passport. Such a decision is temporary - it is impossible to deprive the right to travel abroad for life, and all the reasons are listed in the law. Here is what applies to them. nine0003
Access to top secret information or information classified as "Special importance". This is not only about the security forces - such a permit may be for those who do not serve in law enforcement agencies. And vice versa, many employees, for example, in the police and the National Guard, do not have such clearance. A foreign passport can be obtained 5-10 years after the termination of the permit.
Art. 5 of the Law "On State Secrets"
Service in the FSB. The basis for refusal is the very fact of serving in this department.
After a person resigns from the FSB, the restriction will remain for up to five years from the date of dismissal. Then he can get a passport. nine0003
Clause 17 of the Administrative Regulations of the Ministry of Foreign Affairs
Conscription for military service or assignment to an alternative civil service. Passport will be issued after the end of the service.
What you need to know about serving in the army, especially if you do not plan to go there
The status of a suspect or accused in a criminal case. The ban on issuing a foreign passport remains until a decision is made or the sentence enters into force. And for the convicts - until they serve their sentence. nine0003
Evasion of obligations imposed by the court, for example, debtors on alimony or loans. The restrictions are in effect until the citizen pays off his debts.
Art. 67 of the Law "On Enforcement Proceedings"
Bankruptcy.
A passport can be obtained when the arbitration court makes a decision that the bankruptcy case is completed or terminated.
If the applicant provided erroneous information about himself, for example, he mixed up the address or incorrectly indicated the dates of work. nine0042 In this case, you can immediately submit a new application with accurate data.
It is unlikely that you fall under one of these reasons: you received a notification through public services that your passport was sent for printing. This means that you passed all the checks - and the employees of the migration department were satisfied with everything.
Even if the department decides that something is preventing you from going abroad, employees cannot simply, silently and without explanation, stop issuing a passport. nine0003
In this situation, they were required to send you a notice of refusal to issue a document. It indicates the reason and duration of the restriction, the date and number of the decision, the name and address of the organization that forbade the citizen to leave Russia.
Art. 16 of the law on the procedure for leaving the Russian Federation
The refusal can be sent by mail, but since you applied through public services, it should have been duplicated in your personal account.
This is how a refusal to issue a passport looks like, which comes to the applicant's personal account at public servicesWhere to go if the issuance of a passport is delayed
All the deadlines for issuing a passport have passed in your case, but you have not received an official refusal. To speed up the process, you can report employees who have violated your rights.
There are two ways. The first is to write a complaint by hand on a piece of paper, take it to the migration department in person or send it by mail. We described in detail how to do this in the article "How to write and file a complaint with government agencies." But this is not the most reliable method: paper complaints and appeals are often lost. They are also considered for a long time - up to 30 days from the date of registration.
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The second way is faster and more reliable - use the pre-trial appeal portal. It's free and takes no more than 10 minutes. Indicate the service you received - the issuance of a passport, as well as the agency where you are sending the application - in your case, this is the Migration Department of the Ministry of Internal Affairs of Russia. Also, describe the problem you are facing. So you don't have to waste time walking around the offices. An electronic complaint is usually considered within 15 working days from the date of registration. nine0003
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“Give good doctors five stars”: how government services improve our lives
When your appeal is received by the department, the complaint will be checked. There are two possible scenarios:
- it turns out that the employees of the migration department received your passport a long time ago, but forgot to post information about this on public services.
You will be invited for a document. And the guilty employees may be punished. For example, they will announce a disciplinary sanction; nine0022 - it turns out that there are circumstances that prevent you from going abroad. In this case, you can appeal against them in court.
What decision the court makes depends on whether there are actually grounds for refusal. I will give two examples.
The citizen was under investigation in the status of an accused, and he was denied a passport. The man did not agree with this and went to court. He believed that since the investigator did not choose any of the preventive measures against him, then the refusal was illegal. But the court did not agree with the plaintiff: according to the law, it is enough to bring charges to refuse. nine0003
Another man was denied a passport because after some time he should be called up for military service. He went to court. It turned out there that the decision to call for him had not yet been made, which means that there were no grounds for refusal.
As a result, the court ordered the migration department to issue a passport to the citizen.
Decision of the Central District Court of Kaliningrad dated February 11, 2020 in case No. 2a-1142/2020PDF, 72 KB
Decision of the Barguzinsky District Court of the Republic of Buryatia dated June 6, 2019No. 2a-359/2019 ~ M-317/2019PDF, 93 KB
What is the result
The term for issuing a passport is from one to three months. Officials cannot extend the term at their own discretion.
The issuance of a passport may be refused if there are grounds. But the applicant must be notified of the reasons for the refusal.
/guide/zapretili-za-granicu/
Why they might not be allowed to go abroad
. Your appeal must be considered within 15 days. nine0003
What to do? Readers ask - experts answer
Ask your question
With children abroad. What documents are needed?
Visa-free
Rest
August 6, 2018
With children abroad.
What documents are needed?
When going on holiday with children, it is important to take care of all the little things in advance. Especially if you are going to cross the border. What are the rules for children traveling abroad, what documents are needed and what has changed in recent months, the Center for Public Monitoring and Control found out. nine0003
Only accompanied by adults and with parental consent
According to Ukrainian law, when crossing the border, children under 16 must be accompanied by their parents or their guardians. If children travel with another adult, they must have a notarized permission from both parents indicating the purpose and country of the trip, the date and name of the person who accompanies them. However, recently the Cabinet of Ministers allowed children to travel also accompanied by members of the aircraft crew.
If a child lives with only one of the parents and goes abroad for more than a month, then a notarized permission from the second parent is required to cross the border.
If the father does not live with the child, then in order to travel abroad together with the child, he needs the official, notarized consent of the mother. If the ex-wife does not give consent, you can apply to the court for permission. However, only if there is no debt on alimony. The same procedure for the mother if the child lives with the father. nine0003
At the same time, there are many cases where the consent of the other parent is not required. For example, if the child is raised only by the mother, and according to the documents the child does not have a father or he is missing, died, deprived of parental rights, recognized as incompetent, or is a foreigner.
Without the consent of one of the parents
On July 25, President of Ukraine Petro Poroshenko signed amendments to the Family Code, according to which the consent of the mother or father is not required to take the child abroad if the trip is less than a month. This applies to parents with whom the child lives by court order.
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“To do this, he (or she) needs to write a message to the place of residence of the other parent or mother about this intention to travel abroad. In this part, the right to information is ensured,” explained Deputy Minister of Justice Svetlana Glushchenko.
Also, according to the new law, the parent with whom the child lives can independently take the child abroad for more than a month for the purpose of treatment, study or recreation, if the other parent owes alimony for 4 months. In this case, you need to take a certificate of debt. nine0003
In addition, you do not need to coordinate the child's travel abroad if the other parent has not paid child support in the last 3 months to a child with a disability, serious illness or injury. The condition of the child and the fact of debt should be confirmed by relevant certificates.
It is worth knowing that the law provides for a fine from UAH 1,700 to 3,400 for intentional violation of the trip period. The changes will take effect on August 29.
Separate international passport
In 2015, the State Migration Service stopped issuing travel documents to children and stopped adding children to their parents' passports. Now children, even infants, need a separate biometric passport to travel abroad. Although if the parents have a valid foreign passport with a record of the children, then they will also be allowed to cross the border. However, it is worth remembering that this permission is valid only until the expiration of the parents' passport. In the event of expiration, parents and children will have to issue separate foreign passports. nine0003
It is worth noting that for trips to the EU countries or other countries with which Ukraine has a visa-free regime, it is enough for children to have a biometric passport. However, if you are planning a trip to other countries, then do not forget to take care of the visa for the child as well.
You can apply for a biometric passport at any branch of the migration service or at special centers for administrative services.
