Can I prevent my ex from obtaining or renewing a passport to enforce child support?
Here’s why and how:
Federal Passport Denial Program
Except when the child support obligor’s employment requires a valid passport, or where there are other extenuating circumstances that require the obligor to maintain a valid passport, the Federal Passport Denial Program can deny issuance or renewal of a passport for delinquent parent, and will continue to deny that parent a passport until all arrearages are paid or payment plan agreed to between the delinquent parent and the Office of Recovery Services (ORS).
Utah Administrative Code § R527-275-1. Purpose and Authority.
1. The Office of Recovery Services is authorized to create rules necessary for the provision of social services by Section 62A-11-107.
2. The purpose of this rule is to specify the procedures for the office to release an obligor’s passport after it has been denied for failure to pay child support.
Utah Administrative Code § R527-275-2. Federal Requirements.
The Office of Recovery Services/Child Support Services (ORS/CSS) adopts the federal regulations as published in 22 CFR 51.60, 51.70, 51.71(1), 51.72, 51.73, and 51.74 April 1, 2008 ed., which are incorporated by reference in this rule.
Utah Administrative Code § R527-275-3. Passport Release Criteria.
1. If the obligor applies for a new passport or to have a previously-issued passport renewed and is notified that the application has been denied for failure to pay child support, the obligor must contact ORS/CSS to get the passport released. The passport will be released if the obligor pays all past-due child support owing to the state IV-D Agency and/or obligee.
2. If the obligor’s employment requires a valid passport or there are other extenuating circumstances that require the obligor to maintain a valid passport, an exception may be granted if:
a. the case is IV-A – if the ORS or CSS Director approves an exception to the payment-in-full requirement.
b. the case is non-IV-A:
i. if the ORS or CSS Director approves an exception to the payment-in-full requirement; and,
ii. if the child support is owed to the obligee, ORS/CSS is able to obtain written approval from the obligee to release the passport.
Utah Family Law, LC | divorceutah.com | 801-466-9277