Passport Denial for Failure to Pay Child Support

Owe more than $2,500 in child support? You will not be given a U.S. passport, even if you're a citizen.

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The primary requirement for receiving a U.S. passport – a valuable form of identification, as well as a crucial document for foreign travel – is being a citizen of the United States. (For more information on how to go from having a green card to receiving U.S. citizenship, see “How to Become a U.S. Citizen.”) And for information on how to get or renew a passport, see the State Department’s “Apply for a Passport” page.

Even being a U.S. citizen is not, however, enough in some cases. Under a program called “Passport Denial,” authorized by a 1997 amendment to a law called the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), any person who owes child support in an amount greater than $2,500 will be denied a U.S. passport until the matter is cleared up. (At one time, the threshold was $5,000, but it was lowered to $2,500 in 2007.)

What’s more, if the person already has a passport, the U.S. government can revoke, restrict, or limit its use. (As a practical matter, however, they are currently unable to do that without having physical access to the person’s passport, such as during a renewal or a request for extra pages.)

How does the U.S. government find out who owes child support?

The U.S. Passport Agency automatically receives information from a database kept by the U.S. Department of Health and Human Services (DHHS). The information in this database originally comes from county district attorney offices that work on child enforcement, which reports support amounts owed (“arrearages”) to DHHS.

How can you get (or reclaim) a U.S. passport if you owe child support?

You will need to contact your local child support agency to make arrangements to pay your child support debt or otherwise reach some satisfactory agreement. If you owe child support in more than one U.S. state, then it is likely that all of them reported your name to the Passport Denial program. In that case, you will need to negotiate with all of them before you can be cleared to receive a U.S. passport.

To find the relevant agency, see the “State Child Support Enforcement Agencies, Department of State Contacts” list on the DHHS website.

Once you have paid off the child support debt or come to some satisfactory agreement, the state(s) in question will request that DHHS remove your name from the database list. This typically takes two or three weeks.

Assuming you have already submitted an application to the Passport Agency, and received notification of the intended denial, this office will hang on to your application for up to 90 days. If you can manage to clear up the child support problem within that time, the Passport Agency will process your application and mail the passport to you (ordinarily within two to five working days).

If you are having trouble getting action on your application, contact the office of the National Passport Information Center (NPIC) at 1-800-487-2778, or make an appointment at a regional passport agency.

by: , J.D.

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