Passport Problems From Unpaid Child Support

Some parents learn about a child support problem only when they apply for a passport and get a denial letter. That can be stressful, especially if a trip for work or family is coming up. This guide explains, in general terms, how the federal passport denial program works, why it happens, and what steps usually lead to a release.

Why child support affects a passport

Child support is handled mainly by state and tribal child support agencies, but some enforcement tools are federal. One of them is the Passport Denial Program. The federal Office of Child Support Enforcement (OCSE), part of the Administration for Children and Families, explains the program in the frequently asked questions on its page for parents.

According to OCSE, the program helps child support agencies collect from noncustodial parents who owe more than $2,500 in past-due child support. States send OCSE case information about parents who meet the criteria. When the past-due amount exceeds $2,500, OCSE automatically forwards the parent's name to the U.S. Department of State for passport denial, unless the state asks that the parent be excluded.

The Department of State issues U.S. passports. Its main website is state.gov.

The notice you may receive first

OCSE says a parent whose debt meets the criteria for certification receives a Pre-Offset Notice. This notice explains the passport denial process. It also shows the past-due amount owed at the time it was mailed and gives information about other federal tools, such as federal tax refund offset and administrative offset.

OCSE adds that the Pre-Offset Notice explains how to challenge the debt and request an administrative review. If you get one of these notices, read it carefully and keep it. It often contains the contact details and time limits that matter most.

What happens when you apply for a passport

According to OCSE, when a certified parent applies for a passport, the State Department will deny the application based on the certification. The State Department then sends the parent a notice explaining that the passport was denied because of past-due support. That notice tells the applicant to contact the appropriate state child support agency.

In other words, the passport office usually cannot fix the child support side of the problem. The state child support agency that submitted the case is the place to resolve it.

Paying down the debt may not be enough by itself

A common surprise is that dropping below the threshold does not automatically end the denial. OCSE says a parent is not removed from the Passport Denial Program, even if the amount owed falls below $2,500, until one of these things happens:

• the state that submitted the case specifically requests removal;
• the parent's support debt is reduced to zero; or
• the case is deleted.

Each state has its own process for deciding when to request removal. Some may require full payment, and some may consider other arrangements. Ask the state agency directly what it requires in your case, and get the answer in writing if you can.

Steps that often help

If your passport was denied, or you expect it might be, these steps are a practical place to start:

1. Find the right state agency. If you have cases in more than one state, each one may matter. The OCSE state and tribal child support agency contacts map lists contact information.
2. Ask for the current balance. OCSE notes that the state updates the debt amount regularly but may not send a new notice each time, so the figure on an old notice may be out of date.
3. Ask what the state needs to request removal. Write down the name of the person you spoke with, the date, and what they said.
4. Check whether the debt is correct. If you think the amount is wrong, ask about the review process described in your Pre-Offset Notice.
5. Allow time. Removal involves the state, OCSE, and the State Department. Do not book nonrefundable travel based on an estimate.

If you think the debt is wrong

Mistakes happen. Payments may have been made directly to the other parent, an order may have changed, or a payment may not have been credited. OCSE also explains that gifts or payments made outside the support order generally are not credited against the ordered amount. That is one reason records matter.

Gather:

• the support order and any changes to it;
• payment records, such as bank statements or receipts;
• any agreement with the other parent; and
• every notice you received from the child support agency.

A family lawyer can review these records, explain the state's review process, and tell you whether a court motion may be needed. You can read more about this area on our family law practice page.

If you are the parent who is owed support

If you are the custodial parent, passport denial is one of several tools your state child support office may use. OCSE says your child support office will enforce an order and that you should contact your state or tribal agency to learn which methods are available. USAGov's child support page also explains that federal and state governments do not pay child support themselves, but they provide help collecting it.

Changing the order going forward

Passport denial deals with past-due support. If your income has changed and the current order is hard to pay, that is a separate question. OCSE says a child support amount does not change automatically, and either parent can request a review of the order. Asking early can help prevent new arrears from building up.

Frequently asked questions

Can the passport office approve my passport if I show a payment receipt?

According to OCSE, the denial is based on the certification from the child support system, and the State Department's notice directs you to the state child support agency. The state agency is usually the one that must request removal.

Will paying part of the debt remove me from the program?

Not automatically. OCSE says a parent stays in the program until the state requests removal, the debt reaches zero, or the case is deleted. Ask your state agency what it requires.

Can I challenge the amount the state says I owe?

OCSE says the Pre-Offset Notice explains how to challenge the debt and request an administrative review. Deadlines can apply, so act promptly.

Does a lawyer need to be involved?

Not always. Many parents start by calling the state agency. A lawyer can help if the amount is disputed, if several states are involved, or if a court order needs to change.

Related: Browse guides on legal topics.

This page is general information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.