Child Support Services (CSS) is required to refer obligors who owe $2,500 or more in delinquent child support to the Office of Child Support Services (OCSS) for passport denial.
OCSS forwards the names of delinquent obligors to the U.S. Department of State, which denies passports at the time of original application. Once a passport is issued, it can be considered valid for up to 10 years, and there is currently no mechanism to revoke or restrict the use of an existing passport.
- STO Passport can re-certify a passport for denial, but that most likely will not restrict an obligor’s international travel.
- If the obligor is certified for passport denial and is in physical possession of the passport, the passport will be confiscated when:
- The passport is submitted for renewal or an application to add new pages, or
- Any time the obligor has personal contact with a regional passport office, U.S. Embassy, or U.S. Consulate.
The obligor will be notified that the passport is invalid and instructed to contact the state child support office.
Interesting Facts
- If the amount of the delinquency falls below $2,500, the case is not deleted from the passport denial program unless the balance is paid in full.
- If the obligor is outside of the United States when the passport is denied, he or she will be entitled to receive a travel document allowing only direct and immediate return to the U.S. This is called a “limited validity passport.”
- Oklahoma CSS cannot release a passport unless Oklahoma is the state that certified the obligor for passport denial. If more than one state has certified the obligor to OCSE, each state must delete the obligor from the passport denial program before a passport will be issued.
TIP: If an NCP is overseas and his/her passport expires and is denied a renewal (for example, by CSS), the NCP is not stranded overseas. He/She can apply for a limited-validity passport which will allow for direct returns to the US.
Legal Authority
- 42 U.S.C. § 652(k) provides authority for denial of passports for nonpayment of child support and was amended effective October 1, 2006 to lower the threshold for passport denial to $2,500 in delinquent child support.
- 56 O.S. § 240.1(E) provides authority for the Child Support Services to refer individuals for passport denial
- OAC 340:25-5-214 provides CSS policy regarding passport denial and release. A passport denial referral is automatically forwarded to the Office of Child Support Services when the combined principle and interest balances of all of the obligor’s cases reach $2,500.