Compilation of Rules and Regulations of the State of Georgia › Department 290 - RULES OF DEPARTMENT OF HUMAN SERVICES › Chapter 290-7 - OFFICE OF CHILD SUPPORT RECOVERY › Subject 290-7-1 - RECOVERY AND ADMINISTRATION OF CHILD SUPPORT › Rule 290-7-1-.11 - Passport Suspension

Current through Rules and Regulations filed
				through June 27, 2024
(a) Section 454(31) of the Social Security
				Act makes participation in the Passport Denial program a IV-D State plan
				requirement. All States are required to have in effect a procedure to certify
				to the Federal Office of Child Support Enforcement ("OCSE") individuals who owe
				child support arrears in excess of $2,500. The States are also required to
				provide notice to individuals and give them an opportunity to contest the
				Department's determination of the arrears amount. When a State submits a case
				to OCSE with arrears in excess of $2,500 (or the State submits an increase to
				an existing case that causes the arrears to exceed $2,500), OCSE automatically
				forwards the case to the United States Department of State for passport
				denial.
(b) The passport of an
				obligor may be denied, revoked, or restricted through the Federal Passport
				Program, if the child support debt is in excess of $2,500.
(c) In an intergovernmental case, only the
				certifying state has the authority to delete a noncustodial parent from the
				passport denial, revocation, or restriction process.
(d) The Department periodically issues
				letters setting forth the amount of arrears owed. An obligor who wishes to
				contest the determination of arrears must send a letter to the DCSS office that
				certified the case to OSCE requesting an administrative hearing. If an obligor
				receives a notice stating that the arrears amount is in excess of $2,500 and
				fails to seek a hearing within 30 days of mailing of the notice, the passport
				may be suspended by federal authorities without further notice or opportunity
				for hearing. If a hearing is timely requested, the issue at hearing is strictly
				limited to the amount of arrears or misidentification of the obligor. Neither
				the Department nor an administrative law judge ("ALJ") is authorized to
				reinstate a passport, only the federal government can do that. The Department
				is authorized only to certify the amount of arrears owed. In order to be
				removed from the certified list, an obligor must pay the arrears either in full
				or in an amount sufficient to bring the arrearage amount below the $2,500
				threshold.
(e) The Department is
				authorized to remove an obligor from the certified list only upon payment of
				the arrears or upon receipt of a decision from the ALJ finding that the obligor
				is not in arrears or has been misidentified. However, the Department may, in
				its sole discretion,"exempt" an obligor from the certified list if:
(1) The Department is convinced that the
				passport is necessary and indispensable to the obligor for the purpose of
				generating income needed to pay current support or arrears; and,
(2) The obligor posts bond or some other form
				of surety payable to the Department for the full amount of the arrears owed;
				and,
(3) The obligor enters into a
				written Enforcement Deferral with the Department setting forth the schedule for
				repayment of the arrears amount in addition to current support, if applicable.
				Failure by the obligor to adhere in full with the Enforcement Deferral shall
				result in forfeiture of the bond or surety posted by the obligor.