Passport Denial Program Procedures

New Jersey Judiciary Probation Child Support Enforcement

Revised 2/9/2017

A. Authority  

United States Code:	42 U.S.C. §652(k)
Code of Federal Regulations	22 C.F.R. §51.70
Other Authorities:	Federal Deficit Reduction Act of 2005 OCSE-AT-99-14, Federal Offset Program User Guide DFD-AT-15-17, Passport Denial Policy NJ Court Rule 5:7-10 AJ Memo 6/22/15

B. Overview

The Passport Denial Program, which is part of the Federal Offset Program, is designed to help states enforce delinquent child support obligations. Under the program, NCPNon-custodial parents certified by a state as having arrearages exceeding $2,500 are submitted by the Federal OCSEOffice of Child Support Enforcement to the Department of State, which denies them U.S. passports upon application or renewal.

Although authorized by 42 U.S.C. §652(k), there are no mechanisms in place for the State IV-D agency to suspend or revoke passports once they have been issued.

Currently the denial of a passport can only occur in limited circumstances; upon initial application, at renewal, or modification (additional pages or name changes).

C. Selection Criteria

In order for a case to be selected the following criteria must exist:

1. Arrears are greater than or equal to $2,500
2. Open IV-D case

D. Submission of Cases to the Passport Denial Program

All eligible cases are automatically certified by The New Jersey DHSDepartment of Human Services via Federal Tax Offset reporting in NJKiDS via a weekly batch. Staff can view the NJKiDSNew Jersey’s Federally certified, statewide automated case management system for tracking all information related to child support cases. NJKiDS monitors cases to ensure that case actions are completed within required time frames. NJKiDS is also used to provide statistics, reports, and information about child and alimony/ spousal support enforcement in New Jersey to Federal, State, and local authorities. NJKiDS serves as the State Case Registry for IV-D support cases. TAXI screen to verify if a case is eligible for passport denial.  Exclusions will be indicated in the PAS column.

E. Contesting the Passport Denial

1. NCP may contest the denial of his/her passport with the New Jersey DFDDivision of Family Development. DFD will open an Administrative Review Enforcement chain, review the contest, and attempt to resolve the matter.

   1. Note: Any NCP who makes the initial contact to a PCSE Unit regarding the denial of his or her passport must immediately be referred to DFD via the New Jersey Family Support Call Center at 1-877-655.4371. The PCSE Unit may also provide to the NCP the CS654 (Notice of Passport Denial) which explains more about the process and provides contact information for DFD.

2. If the NCP disputes the arrears, DFD will collaborate with the PCSE Unit in making a determination.

F. PCSE's Administrative Review

1. Upon receipt of the documentation from DFD, designated PCSE staff will review the contest.
2. The PCSE unit may recommend via Action Note to File to DFD that a NCP’s name be withdrawn from the passport denial list when there is a valid mistake of fact, such as a mistaken identity or arrears dispute. For example:
   1. The arrears owed by the NCP were less than $2,500 at the time the case was certified.
   2. The NCP has satisfied all arrears owed.
3. Arrears Dispute
   1. A passport denial should not be recommended for withdrawal solely because the NCP has made payment(s) that brought arrearages below the statutory $2,500 threshold.  The passport certification is valid. All efforts to collect the balance of arrears owed should be made pursuant to the established procedures.
   2. Arrears can be modified only by a signed order of the court.
   3. When the NCP disputes the arrears amount, PCSE staff should follow the guidelines in Section 2403, Audit Procedures to determine if an audit is actually needed.
   4. PCSE staff should complete the case review and if an audit is necessary, forward the file documentation to the Finance Division.
   5. If the audit results in the arrears being reduced to zero and if the issuance or renewal of the passport is urgent, the PCSE unit should send an Action Note to File to the DFD AEU.
4. Foreign Travel/Employment
   If travel is emergent in nature due to the death/terminal illness of an immediate family member or is required for employment, an NCP may have his passport granted after paying 50% of any child and spousal support arrears owed in addition to providing the required documentation.
   1. For these emergent situations, NJFSSC and State Customer Service staff must send a referral to the AEU.  All other staff must send an Action Note to File to the AEU.
      Note: PCSE staff must update NJKiDS regarding relevant actions taken on the case.
      Passports expire after 10 years which means that once the NCP’s name is withdrawn from the passport denial database and the passport is issued, it could be as long as 10 years before any further passport action may be taken.
      Note: An individual applying for a replacement passport is required to complete a new application and would therefore be subject to denial, if applicable
5. If the NCP does not formally contest the denial, but pays all of the outstanding arrears, DFD will notify the U.S. Department of State to remove the NCP’s name from the passport denial database.  The NCP would then be permitted to obtain or renew his or her passport.  The Federal Offset Program files update weekly; however, the update for a specific individual may be expedited if the issuance or renewal of the passport is urgent.  This does not mean that the passport will be reissued immediately.  The length of time to issue the document will be determined by the U.S. Department of State.

NJCSI Handout Materials

For more information and guidance, please refer to the following document:

• Passport Denial