Child Support Arrears Imposes Broader Travel Restrictions

     States can impose civil and even criminal sanctions for having child support arrears.  Sanctions range from suspension of driver’s or professional licenses, restraints on bank accounts or other personal property, seizure of motor vehicles to misdemeanor arrests with the possibility of jail or being placed on probation.  Each state is different in their methods of penalizing child support obligors for having arrears but all states are required to implement federal laws and its penalties for arrears. 

     New York the agency responsible for collection of child support, the Office of Temporary and Disability Assistance, Division of Child Support Enforcement in conjuntion with the Child Support Enforcement Unit, have authority to implement administrative proceedings to collect outstanding child support and arrears.  This means that these agencies can go after the child support obligor without going to court.  These actions include:

Income execution

Unemployment insurance intercept

Income tax refund offset

Credit bureau negative information submissions

Lottery intercepts

Property execution

Driver’s or professional license suspension

Passport denial

Lien filings

When the agency is not successful in obtaining the arrears then they can actually file a violation petition to the court and seek an order of enforcement.  If the court renders such an order, then mandatory money judgments for past-due payments can be imposed; the noncustodial parent can be directed to enter into a work program; a hearing may take place to suspend state issued professional, business or occupational licenses; or the child support obligor can be sentenced to probation or even jail.

     However, federal law states that “a passport, except for direct return to the United States, shall not be issued in any case in which the Secretary of State determines or is informed by competent authority that the applicant has been certified by the Secretary of Health and Human Services…to be in arrears of child support in an amount exceeding $2,500.oo”. Another provision further states that the Secretary of State “may revoke, restrict, or limit a passport issued previously to such individual.”  So anyone with arrears in an amount more than $2,500.00 will not be eligible to receive or renew a U.S. passport and can only change eligibility once the arrears balance is paid down, at least to an amount under $2,500.00, or has made acceptable arrangements to pay.  Previously, the amount was $5,000.00 but that was changed as of October 2006. 

     New York, as does every other state, is required to notify the Department of Health and Human Services of those child support obligors who have an arrears balance of $2,500 or more.  So once an individual applies for a passport, Passport Services will screen them by checking the list to see if they are in fact in arrears.  If the individidual is denied they will be notified by mail.  If payment is made or acceptable payment arrangements are made, either before or during that time, then the individual should wait at least four (4) weeks to allow the system to be updated.  Furthermore, since the new law went into effect June 1, 2009 requiring that those travelling into the U.S. from Canada, Mexico and the Carribbean have a valid passport, passport card or other special document, it is much more of a necessity than a discretion to obtain a passport.