Under U.S. Federal Law, the parent must pay child support timely. For whatever reason you owe child support to a certain amount, you will face restrictions in mobility, such as passport application denial. This article will explain whether you can get a passport and travel if you owe child support, and how to get one.
Can You Get a Passport if You Owe Child Support?
According to U.S. Federal Law, if you owe child support of $2500 or more past due, you will be placed on the passport denial list. That means any of your passport applications will be denied by the Department of State until the child support is paid up or reduced below the $2500 threshold. This includes requests to apply for a new passport, and renew, replace, or add pages to an existing passport. If you already have a valid passport issued by the Department of State, it will not be revoked or denied due to any child support owed.
Where Can I Travel if I Owe Child Support
Technically, if you own a valid passport, you can travel internationally without limits, even if you owe child support of whatever amount. But if you don’t have a valid passport and fail to receive one due to owed child support of $2500 or more, you can only travel to limited places with certain travel models that require no passports. Instead, provide a government-issued photo ID such as a driver’s license, a passport card, or a certified U.S. birth certificate. These places include several U.S. territories and Freely Associated States (the U.S. Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa), and countries (Puerto Rico, Canada, and Mexico).
There are also closed-loop cruises that require no passport, such as the Caribbean round-trip. If you plan to travel within the United States only, the unpaid child support won’t affect your trip either. Even so, it is still recommended to pay off child support on time to avoid affecting your international travel.
How to Get a Passport if You Owe Child Support
Getting a passport when you owe child support can be challenging. The first step is to confirm your arrears status. Contact your state’s child support enforcement agency to confirm the exact amount of child support arrears you owe and whether your name has been reported for passport denial. If the amount does not exceed $2500, that means you can apply for a passport. Remember to arrears the debt at the same time, otherwise, other possible restrictions from the state may apply.
But if you owe $2500 or more in unpaid child support, obtaining a passport can be challenging, but it’s not impossible. Here’s a step-by-step guide.
It’s highly recommended that you pay down the child support you owe before applying for a passport. Here is how:
Step 1. Determine the amount you owe
Use the online tool to find the contact information of your state’s child support enforcement agency. Contact them to determine the exact amount of your outstanding child support arrears.
Step 2. Create a payment plan
If you can’t pay up the full amount at once, discuss payment options such as monthly installments or pay it down to $2500 with the agency. Seek legal advice from a family law attorney if necessary.
Step 3. Address the arrears
Make the payments according to your agreed-upon plan. You need to pay down the past-due amount to $2500 or below and gather proof thereto.
Step 4. Obtain a passport release
Once you’ve made substantial progress in paying off your child support, request a passport release from the state’s child support enforcement agency.
Step 5. Apply for a passport
Gather the required documents including a completed passport application, proof of citizenship, a photo ID and photocopy, and two 2 x 2 inches passport photos. Then make an appointment and submit your application in person at a passport acceptance facility nearby or a passport agency. Alternatively, you can mail your application to the Regional Passport Agency. You can find the agency address using the online locator tool. Generally, the processing times may take 6 to 8 weeks. You can use the online tool to check the status of your passport application.
If you have already started a passport application and received a notice about your passport denial due to owed child support, you will have 30 days to do the following:
- Use the online tool to find the contact information of your State Child Support Agency Passport Denial Program.
- Once you pay down the child support to $2500 or below to the agency, the agency will notify the U.S. Department of Health and Human Services. HHS will remove your name from the list of parents who owe child support and report this information to the Department of State. This process may take 2 to 3 weeks.
- The Department of State will continue processing your passport application.
Can I Renew My Passport If I Owe Child Support
If you owe no more than $2500 in back child support, generally you can renew your passport. But if your child support arrears reach $2500, any kind of application for a passport including renewal will be denied under the U.S. Passport Denial Program. To resolve this, you’ll need to pay down your debt or arrange a payment plan with the child support agency and have your name removed from the denial list.
How Do I Know If I Owe Child Support?
Generally, if you are bound by a child support agreement, you will receive monthly statements showing the amount due, any arrears, and payment history from the child support agency. If you fall behind on child support payments, you will receive delinquency notices informing you of the overdue amount. Failing to receive such notices, you may contact the State Child Support Agency to find out. Take the New York State Child Support Agency as an example. Access the Agency website and log in to your NY.Gov account. The status of your child support payment or balance if applicable will be displayed. You can either pay it online or by check.
Penalties For Not Paying Child Support
Willfully failing to pay child support can lead to severe consequences, under the U.S. Federal Law on child support enforcement. If the payment is past due for more than 1 year or exceeds the amount of $5000, it can be seen as a criminal misdemeanor with fines and up to 6 months in prison. If the child support payment is overdue for more than 2 years, or the amount exceeds $10000, it is a criminal felon with fines and up to 2 years in prison.
Additionally, not paying child support can affect your finances (e.g. intercepting income tax refunds and income withholding), mobility (e.g. suspending licenses), and public records (e.g. reporting child support debts to credit bureaus). If you’re struggling to meet your child support obligations, it’s advisable to contact your state’s child support enforcement agency to discuss options like payment plans or modifications to avoid such penalties.
FAQs
Can you leave the country if you owe child support?
No. Leaving the country with the intent to avoid paying child support will be seen as a crime and penalties may apply. Traveling is acceptable but still, you may face restrictions such as passport application denial.
If I owe child support, will they take my taxes?
Yes, the government can intercept both your federal and state tax refund to apply it toward your unpaid child support through the Federal Tax Refund Offset Program. This is a common method used to collect overdue child support arrears, so it’s important to stay current on payments to avoid this situation.
Can I go to Mexico if I owe child support?
As a US citizen, you don’t need a passport to go to Mexico. However, it is generally not advisable to travel outside the United States if you owe child support. While there’s no specific federal law preventing you from going to Mexico, many states have laws that can restrict your ability to travel, such as border restrictions. That means you can be denied entry back into the United States.
How to find out if you are on the passport denial list?
If your passport application was denied due to unpaid child support, the reason for the denial should have been indicated in the notification you received. Failing to receive such notification, you can contact the National Passport Information Center (NPIC) to determine if you’re on the passport denial list. They can provide you with information regarding the status of your passport application. Here’s how to contact the NPIC:
- Toll-free number: 1-877-487-2778
- TTY: 1-888-874-7793
- Email: npic@state.gov
- Online: You can also check the status of your passport application online through the Department of State’s Passport Services online tool.
Wrap Up
While owing child support can be a significant obstacle to obtaining a passport, it’s not impossible. Start with paying off the arrears with a realistic payment plan. Check constantly with the child support agency until your name is off the list and good for a passport. After all, it is all about your parental responsibility and your child’s well-being.