If you’re considering traveling internationally but owe child support, one significant question might be on your mind: Can you obtain a passport if you have outstanding child support obligations?
The simple answer is—it depends on the amount you owe and the status of your child support payments. Here’s everything you need to know about passport eligibility concerning unpaid child support, specifically in Michigan.
Understanding the Passport Denial Program
The U.S. government takes unpaid child support seriously, and one way it enforces compliance is through the Passport Denial Program. This initiative allows states, including Michigan, to collaborate with the federal government to restrict passports to parents who owe substantial child support arrears. Specifically, federal law states that if you owe $2,500 or more in past-due child support, your name may be submitted to the federal Office of Child Support Enforcement (OCSE), leading to denial or revocation of your passport.
How Does the Passport Denial Process Work?
In Michigan, the Friend of the Court (FOC) is primarily responsible for managing child support enforcement. If you’re behind in payments, the Friend of the Court may report your name to the Michigan Department of Health and Human Services (MDHHS). The state agency, in turn, provides your information to the OCSE. Once your name is on the OCSE’s certification list, the U.S. Department of State is notified, triggering passport denial or revocation.
When you apply for a passport, the Department of State automatically cross-checks your information against the OCSE certification list. If your name appears on this list due to child support arrears of $2,500 or more, your passport application will be denied until your status changes.
What Happens If Your Passport Application Is Denied?
If you receive notification that your passport application has been denied, you should first verify your arrears through the Friend of the Court. Confirm the exact amount owed and review any recent payments you’ve made to ensure accuracy. Errors can happen, so verification is a crucial step.
To resolve the denial, you will generally need to:
- Pay the Full Arrearage: Paying your arrears below the $2,500 threshold is the most straightforward way to regain passport eligibility.
- Arrange an Acceptable Payment Plan: Sometimes, the Michigan Friend of the Court will agree to remove your name from the OCSE’s passport denial list if you set up a satisfactory payment arrangement. Usually, this involves a formal agreement outlining how you’ll make regular payments to reduce your arrears.
Passport Revocation for Existing Passports
It’s essential to know that the Passport Denial Program doesn’t just apply to new passport applications. If you currently hold a passport and owe more than $2,500 in child support arrears, the Department of State can revoke your passport or restrict its use. This situation typically arises when renewing or making amendments to your passport.
If you face revocation, you’ll receive official notice from the U.S. Department of State, instructing you to return your passport or cease using it. Ignoring this notice can lead to further legal issues, including federal charges or fines.
How to Avoid Child Support-Related Passport Issues
Preventing passport problems related to child support starts with staying current on your payments. However, life can bring unexpected financial challenges. If you foresee difficulty in meeting your child support obligations, proactively contacting the Friend of the Court to discuss modifications or temporary adjustments to your support order can help avoid arrears from accruing.
In Michigan, child support orders can be reviewed for modification every 36 months or earlier if you demonstrate a significant change in circumstances. Such changes might include job loss, substantial income changes, or serious health issues. Proactively addressing changes in your financial circumstances is key to avoiding substantial arrears and maintaining your travel privileges.
Addressing OCSE Errors or Disputes
Mistakes can and do happen. If you believe you’ve been incorrectly placed on the OCSE list, it’s crucial to act quickly. In Michigan, contact your local Friend of the Court immediately. Gather documents proving your payments are current, or the amount of arrears is less than $2,500, and request a review. Promptly resolving inaccuracies can help clear your name quickly from the OCSE database and restore your passport eligibility.
Emergency Exceptions To Passport Denials
There are limited situations where an emergency exception might allow you to obtain or retain a passport, even if you have significant arrears. Emergencies might include immediate family illness or death requiring travel abroad. These exceptions are rare and typically require detailed documentation, approval from state authorities, and coordination with the U.S. Department of State.
Consulting a Michigan Family Law Attorney
Navigating the complexities of child support enforcement, especially when it intersects with federal laws like passport restrictions, can be challenging. Consulting an experienced Michigan family law attorney can clarify your rights, responsibilities, and potential options. An attorney can also negotiate with the Friend of the Court on your behalf, potentially helping you establish acceptable payment arrangements or secure modifications of your support order.
An attorney’s assistance can also be invaluable if you face unexpected passport denial when your arrears have been mistakenly reported or if your financial situation has dramatically changed.
So, can you obtain a passport if you owe child support in Michigan?
If you owe less than $2,500, your child support arrears generally won’t impact your passport application. However, once arrears reach or exceed this threshold, your ability to obtain or retain a passport is at risk.
Being proactive in addressing child support obligations, keeping open communication with Michigan’s Friend of the Court, and promptly seeking legal advice when issues arise are the best strategies for maintaining your passport privileges.
If you’re unsure about your current status or need assistance resolving child support-related passport restrictions, consider consulting a local family law attorney. With expert legal guidance, you can navigate these challenges confidently and effectively.