Passport Denial Program for Nonpayment of Child Support

There are several programs in place to encourage parents to keep up with their child support payments. The Passport Denial Program is one tool that the government uses to prevent parents who have not paid their child support from leaving the country. The federal government will deny any passport applications submitted by parents owing $2,500 or more in child support. 42 U.S.C.A. § 652 (k).

The state that ordered your payments will report to the U.S. Department of Heath and Human Services the status of your payments. The State Department will also revoke a passport that was previously issued if the holder surrenders it to a passport agent or embassy representative for services or repairs. There are a few instances where the government will consider extenuating circumstances and reinstate a passport. This includes where a passport is needed for a family emergency such as the imminent death, funeral, serious illness or injury, or medical emergency of an immediate family member. Immediate family members are defined as a parent, guardian, grandparent, sibling, aunt, uncle, step-child/parent, or spouse of either the parent owing the child support or their spouse.

Other passport needs for work or vacation travel are not likely to be given special treatment and payment of arrears in full will be needed before a passport is issued. Even in circumstances when someone else is paying expenses for a trip, it is unlikely that a person owing child support will be given leave to travel.

If you have questions related to passport denial and your child support obligations, please contact McNeelyLaw LLP by calling (317) 825-5110 to talk to one of our experienced professionals.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.