Jump To Navigation
Consequences of Child Support Arrears

The Consequences of Child Support Arrears

Passport Denial

Child support agencies can ask the U.S. Department of State (DoS), also known as the State Department, not to issue or renew a noncustodial parent’s passport.

Criteria: All cases on file with the Dept. Of Child Support Services are eligible for passport denial if the noncustodial parent:

  • Owes or owed more than $2,500 in arrears, and
  • Is not complying with an existing passport denial payment plan approved by:
  • The court
  • A child support magistrate
  • The child support agency

Exclusions: If any of the following are true, the child support agency cannot take action to deny the passport:

  • The case does not meet the criteria
  • A court order does not allow the use of passport denial
  • The noncustodial parent filed for bankruptcy and remains protected
  • The custodial parent has claimed or been granted Good Cause.

Notification process

The child support agency sends the noncustodial parent the Administrative Offset and Federal Tax Refund Offset Programs notice. The notice tells the noncustodial parent that if their child support arrears are in excess of $2,500 their debt will be certified to the State Department.

Once the debt is certified, the Secretary of State will refuse to issue the noncustodial parent a passport and can revoke, restrict, or limit a passport that was previously issued.

When the noncustodial parent applies for a passport or renews their passport, the State Department will notify them if there is a hold on their passport because they owe arrears.

The U.S. Department of State notice:

  • Informs the noncustodial parent that they must pay their child support arrears to have the child support hold on their passport released
  • Includes a list of state child support agencies and their telephone numbers. It does not say which child support agency has a hold on the passport.

Getting the passport hold released

Noncustodial parents should contact the Department of Child Support Services (DCSS) at (866) 901-3212 to find out what they must do to get the hold released.

A noncustodial parent, who owes child support arrears in more than one state, must be cleared by all of the submitting state child support agencies before a passport can be issued.

Once the child support hold is released, the noncustodial parent must make arrangements with the U.S. Department of State (DoS) for delivery of their passport.

Note: The DoS can deny the noncustodial parent’s passport for many reasons. A passport can still be held even if the child support hold is released.

Further Consequences

The consequences for non-payment of child support following a court order may also include:

  • Denying or revoking a driver's license;
  • Taking tax refunds (federal and state);
  • Denying or suspending occupational licenses (for example, a license to practice law);
  • Denying or revoking recreational licenses;
  • Placing a lien on a car;
  • Referral to a private collection agency;
  • Telling a consumer reporting agency that they did not pay child support;
  • Placing liens on property;
  • Putting a hold on bank accounts;
  • Charging interest on any past due support; or
  • Placing the payer in prison, through a court action (known as contempt of court), for not paying child support.

At the Law Office of Mark A. Reed, we have extensive experience in handling these matters, both to help enforce a child support order as well help with problems that may arise from failure to pay child support. Please contact us for a free consultation.

Mark A. Reed, Esq.

7710 Balboa Avenue

Suite 316

San Diego, CA 92111

Phone: 858-277-0232 Fax: 858-277-2627