CHILD SUPPORT ENFORCEMENT ABROAD
DISCLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL
REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS PROVIDED FOR GENERAL INFORMATION
ONLY AND MAY NOT BE TOTALLY ACCURATE IN A PARTICULAR CASE.
This is an official U.S. Government source. Inclusion of non-U.S.
Government links does not imply endorsement of contents.
FREQUENTLY ASKED QUESTIONS
Q. WHAT COUNTRIES DOES THE UNITED STATES HAVE CHILD
SUPPORT ENFORCEMENT AGREEMENTS WITH AT PRESENT?
Q. WHERE DO I GO TO GET HELP IN TRYING TO ENFORCE A CHILD
SUPPORT OBLIGATION INVOLVING A RESIDENT OF THE U.S. AND A RESIDENT OF A FOREIGN
COUNTRY?
Q. WHICH U.S. STATES HAVE CHILD SUPPORT ARRANGEMENTS
WITH WHICH FOREIGN COUNTRIES?
Q. HOW CAN A U.S. PASSPORT BE DENIED TO A PERSON
OBLIGED TO PAY CHILD SUPPORT?
Q. IF THERE IS NO FEDERAL OR STATE RECIPROCAL ARRANGEMENT
ON CHILD SUPPORT ENFORCEMENT, WHAT OTHER OPTIONS ARE AVAILABLE?
Q. HOW CAN A FOREIGN CHILD SUPPORT ORDER BE
ENFORCED IN THE UNITED STATES?
INTERNATIONAL CHILD SUPPORT - A PRIORITY
Child support enforcement is a high priority for
the United States Government. The Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), as
amended, strengthened and improved child support collection activities. When one
parent is in a foreign country, finding a way to enforce a U.S. child support
order overseas can be a daunting prospect. This U.S. Department of
State, Bureau of Consular Affairs home page feature walks you through the
process step-by-step. We welcome your feedback on the usefulness of this
material and your suggestions for ways to improve it.
FINDING YOUR WAY THROUGH THE PROCESS
Click on the topics below for step-by-step information on international child
support enforcement.
WHAT'S NEW IN CHILD SUPPORT ENFORCEMENT
GETTING STARTED
U.S. FEDERAL INTERNATIONAL CHILD SUPPORT
AGREEMENTS
INDIVIDUAL STATE INTERNATIONAL CHILD SUPPORT
ARRANGEMENTS
LOCATING THE PARENT OVERSEAS
OBTAINING SUPPORT ENFORCEMENT THROUGH
THE EMPLOYER
HOW OTHER INTERNATIONAL AGREEMENTS MAY
HELP
PRIVATE ORGANIZATIONS
ENFORCING A FOREIGN CHILD SUPPORT ORDER
IN THE U.S.
LINKS
REFERENCE MATERIALS
STATE CHILD SUPPORT AGENCIES
WHAT’S NEW IN CHILD SUPPORT
ENFORCEMENT?
- New Measures in Criminal Law: Federal and state prosecutors are
finding new ways to use criminal measures to pursue individuals in arrears for
child support enforcement. The U.S. Department of Justice, Criminal
Division’s Child Exploitation and Obscenity Section has interesting news
about the implementation of the Deadbeat Parents Punishment Act also known as
the Child Support Recovery Act of 1992 (18 USC 228) and how
states are using criminal
remedies successfully. The Act creates a Federal offense for (1) travelling
in interstate or foreign commerce with the intent to evade a child support
obligation, if the obligation has remained unpaid for longer than 1 year or is
greater than $5,000, and (2) the willful failure to pay a past due child support
obligation for a child who resides in a state other than that in which the
non-custodial parent resides, if the obligation has remained unpaid for longer
than 1 year or is greater than $5,000; the willful failure to pay a past due
obligation may qualify as a felony if it has remained unpaid for longer than 2
years or is greater than $10,000. See also "Child Support Reform in
Action: New Strategies and New Frontiers in Massachusetts" for insight into
state activities.
- New Aggressive Measures to Obtain Child Support Enforcement: Even if
the parent owing child support is outside the United States, there are many new
aggressive measures available under U.S. law which may help your local child
support enforcement office obtain support. New U.S. child support enforcement
measures which may impact non-U.S. residents are explained in detail the U.S.
Department of Health and Human Services (HHS) Child Support
Steps Fact Sheet and Child Support
Enforcement Handbook.
A parent can be required to pay child support by income withholding. Overdue
child support can be collected from federal and state income tax refunds. Liens
can be put on property, and the property itself may even be sold with the
proceeds used to pay child support arrearages. Unpaid child support should be
reported automatically to credit reporting bureaus. Drivers, professional,
occupational and recreational licenses can be suspended if the obligated parent
is not paying support as required. State child support enforcement agencies are
entering into agreements with financial institutions to compare data about child
support obligors, and are able to freeze accounts of people who are identified
as owing child support. See our extensive discussion
about obtaining support enforcement through the employer.
Arrangements with reciprocating countries also make
available a range of enforcement mechanisms in those nations.
- Child Support Payments and Getting a U.S.
Passport: The Passport Denial Program denies
U.S. passports to parents certified by the U.S. Department of Health and Human
Services to be in arrears in excess of $5,000 of child support payments. Since
the The Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (P.L. 104-193 was implemented jointly by
HHS and the Department of State in 1996, HHS
reports it has collected more than $4 million dollars in lump sum child
support payments and currently 30 to 40 passports are denied per day.
GETTING STARTED
Q. WHERE DO I GO TO GET HELP IN TRYING TO ENFORCE A CHILD
SUPPORT OBLIGATION INVOLVING A RESIDENT OF THE U.S. AND A RESIDENT OF A FOREIGN
COUNTRY?
A. The first step for U.S. residents seeking international child
support enforcement is to contact your local child support
office. These offices are generally known as the state IV-D Agency,
for Title IV-D of the 1975 Social Security Act which established the U.S.
Department of Health and Human Service’s U.S Federal Child Support
Enforcement program. Although addresses, phone
numbers and web pages for state child support agencies are available here,
contact information for state agencies changes regularly. You may wish to
contact your
state child support enforcement office via the Internet or check the address
feature of the U.S. Department of Health and Human Services, Office of Child
Support Enforcement (OCSE)'s Online Interstate Resource
Guide. If you do not have access to the Internet at home or at work contact
your local public library.
Residents of other nations should contact family
maintenance officials in their nations for information and other assistance and
review our discussion about enforcing a foreign child support order in the
United States.
The U.S. Child Support Enforcement Program is a Federal/State/local
partnership. Each State in the United States runs a child support program,
either in the human services department, department of revenue, or district
attorneys office, often with the help of prosecuting attorneys, other law
enforcement agencies, and officials of family or domestic relations courts. U.S. local child support
offices can provide information about Federal international support
agreements and state-level arrangements with foreign countries, as well as about
the increasing variety of aggressive techniques now available to pursue
enforcement in the U.S. and abroad, including garnishment of wages and federal
income tax refunds, revocation of licenses, direct contact with foreign
employers, criminal enforcement proceedings, etc.
U.S. FEDERAL INTERNATIONAL CHILD SUPPORT AGREEMENTS
Q. WHAT COUNTRIES DOES THE UNITED STATES HAVE CHILD
SUPPORT ENFORCEMENT AGREEMENTS WITH AT PRESENT?
A. Since 1996, when Congress for the first time specifically
authorized federal-level agreements regarding child support enforcement, the
United States has entered into a number of reciprocal agreements, which do not
require U.S. Senate advice and consent. Currently, the U.S. has Federal
reciprocal arrangements in force with Australia, Canadian provinces of Alberta,
British Columbia, Manitoba, New Branswick, Newfoundland/Labrador, Nova Scotia,
Ontario; Czech Republic, Ireland, Netherlands, Norway, Poland, Portugal, Slovak
Republic. On May 19, 2000, the Department of State issued a Public
Notice in the Federal Register (Vol. 65, Number 98, Page 31953) regarding
international child support.
Q. WHAT IS THE AUTHORITY FOR U.S. FEDERAL CHILD SUPPORT
AGREEMENTS?
A. Section
459A(a) of Title IV-D of the Social Security Act (42.USC 659A(a))
provides that the Secretary of State, with the concurrence of the Secretary of
Health and Human Services, is authorized to "declare any foreign country (or a
political subdivision thereof) to be a foreign reciprocating country if the
foreign country has established, or undertakes to establish, procedures for the
establishment and enforcement of child support owed to persons who are residents
of the United States, and such procedures are substantially in conformity with
the standards prescribed under subsection (b)."
Q. IS THE UNITED STATES PURSUING NEGOTIATIONS ON CHILD SUPPORT AGREEMENTS
WITH OTHER COUNTRIES?
A. The U.S. has held discussions with over 30 countries since 1997.
Negotiations are continuing with many of those countries at this time.
Agreements in principle have been reached with Australia, the Netherlands, and Norway and
procedures for finalizing these agreements are underway. The Department
of State's Office of the Legal Adviser for Private International Law and the
Department of Health and Human
Services' Office of Child Support Enforcement are proceeding with
negotiations with a number of other countries.
Q. HOW DO THE DEPARTMENTS OF STATE AND HEALTH AND HUMAN SERVICES DETERMINE
THAT A FOREIGN COUNTRY MAY BE DECLARED A FOREIGN RECIPROCATING COUNTRY FOR THE
PURPOSES OF 42
U.S.C. 659A?
U.S. law (42 U.S.C.
659A) requires that a reciprocating country have procedures which are
available to residents of the United States. These include procedures for:
- Establishing paternity
- Establishing support orders
- Enforcement of support orders
- Collection and distribution of payment under support orders
- Providing administrative and legal assistance where necessary without cost
to the United States resident, and
- Establishing a "Central Authority" to facilitate implementation of support
enforcement in cases involving residents of the U.S.
Q. WHAT IS THE TEXT OF THE ARRANGEMENT BETWEEN THE UNITED STATES AND
RECIPROCATING COUNTRIES?
A. The Text of a model international child
support reciprocity agreement with the Untied States is on our site.
The text for agreements already in force is not yet available on line, but is
under construction. As each agreement becomes available here, you will be able
to select the individual country or province listed below to access that
information.
Australia
Canadian Provinces: British Columbia, Manitoba, Nova
Scotia
Czech Republic
Ireland
Poland
Portugal
Slovak Republic
Q. WHO IN THE DEPARTMENT OF STATE IS AUTHORIZED TO DECLARE A FOREIGN
COUNTRY TO BE A RECIPROCATING COUNTRY UNDER 42 U.S.C.
659A.
A. On September 5, 1997, the Acting Secretary of State delegated
authority to the Department of State Legal Adviser and the Assistant Secretary
for Consular Affairs with regard to declaration of foreign countries to be
reciprocating countries under 42.U.S.C. 659A. The
authority of the Secretary of Health and Human Services to concur with
declarations proposed by the Department of State has been delegated along with
other child support program management authorities to the Assistant Secretary
for Children and Families. HHS' concurrence is required before any declaration
of a foreign reciprocating country can be made.
Q. WHAT IS THE ROLE OF THE U.S. CENTRAL AUTHORITY FOR INTERNATIONAL CHILD
SUPPORT IN INTERNATIONAL CASES?
A. Located in the Department of Health and Human
Services' Office of Child Support Enforcement, the United States Central
Authority for International Child Support is responsible for facilitating
support enforcement in cases involving U.S. residents and residents of foreign
reciprocating countries pursuant to 42 USC 659A. However,
the preparation of petitions, requests for hearings, and other case management
activities are the responsibility of the state child support
agency in the state of the U.S. resident involved in the child support
case.
The U.S. Central Authority at HHS works with the Department of State, the
individual states, international organizations, and foreign governments to
improve international child support procedures and cooperation. Bilingual forms
are being developed by the U.S. Central Authority in a number of languages in
cooperation with the U.S. Department of State, states, the International
Relations Committee of the National Child
Support Enforcement Association, and with interested foreign countries. The
U.S. Central Authority provides general oversight, assistance, and coordination
activities regarding international child support. You can contact the U.S.
Central Authority by writing to Stephen Grant, Director, U.S. Central Authority
for International Child Support, Office of Child Support
Enforcement, U.S. Department of Health and Human Services, 4 West Aerospace
Building, 370 L'Enfant Promenade SW, Washington, DC 20447 or by phone:
202-260-5943, fax: 202-402-5529, or email to ocseinternational@acf.dhhs.gov.
Q. HOW CAN A PARENT SEEKING CHILD SUPPORT ENFORCEMENT FROM A FOREIGN
RECIPROCATING COUNTRY GO ABOUT APPLYING FOR ENFORCEMENT?
A. In the United States, individual state child support offices are
responsible for providing the child support services within the state and for
cooperating with other states and foreign reciprocating countries. The state child support office or
"IV-D agency" will manage the establishment and enforcement of child support
obligations in accordance with Federal, state, and local laws. Any parent who
needs help in establishing or enforcing a child support obligation, regardless
of where the person who is obliged to pay child support resides, should apply
for services at the state child support agency in
the individual states. Contacts for the state Central Registry can be found
in the address function of OCSE’s Online Interstate Resource
Guide. If you do not have ready
access to the Internet, contact your local public library for assistance in
obtaining information from the U.S. HHS Office for Child Support Enforcement's
web site.
Q. HOW CAN A FOREIGN RECIPROCATING COUNTRY SEEKING TO ENFORCE A FOREIGN
CHILD SUPPORT ORDER IN THE UNITED STATES APPLY FOR ASSISTANCE?
A. A foreign
reciprocating country's Central Authority will send petitions to the child
support agency in the U.S. state of residence of the person obliged to pay child
support. States have enacted uniform interstate laws that greatly reduce the
barriers to collecting child support across State lines and end the creation of
multiple support orders. Each state or other jurisdiction in the U.S. has child
support enforcement laws based on the Uniform
Interstate Family Support Act. The U.S. state will provide enforcement
services as if the request were from another state of the U.S. If the state of
residence of the person who is obliged to pay child support is not known, a
foreign reciprocating country may contact the U.S. Central Authority, which will
use the Federal Parent
Locator Service to attempt to determine a state of residence for the person
who is obliged to pay child support to which petitions may be forwarded.
Q. WHERE CAN I FIND INFORMATION ABOUT THE CENTRAL AUTHORITIES OF FOREIGN
COUNTRIES WITH WHICH THE U.S. HAS FEDERAL OR STATE RECIPROCAL ARRANGEMENTS FOR
CHILD SUPPORT ENFORCEMENT?
A. The contacts for the Central Authorities of Federal-level
reciprocating countries are:
Australia
The Child Support Registrar
Australian Child Support Agency
GPO Box
480
Hobart, Tasmania
7001 Australia
Tel: 61 03 6216 0864
Fax: 61 03 6216 0899
Email:
csaoverseas@csa.gov.au
Canadian Provinces
Alberta
Maintenance Enforcement Program
Post Office Box 2404
Edmonton, Alberta,
Canada T5J 3Z7
Tel: 1-780-401-7530
Fax: 1-780-422-3447
British Columbia
Ministry of the Attorney General
Family Justice Programs Division
Suite
210-815 Hornby Street
Vancouver, British Columbia, Canada V6Z 2E6
tel:
1-604-660-2528
fax: 1-604-660-3728
Manitoba
Family Law Branch
Department of Justice
704-405 Broadway
Winnipeg,
Manitoba, Canada R3C 3L6
tel: 1-204-945-5471
fax: 1-204-945-2004
New Brunswick
Deputy Registrar
Court of Queen's Bench of New Brunswick
Room 207, 427
Queen Street
P.O. Box 6000
Fredericton, New Brunswick, Canada E3B
5H1
Tel: 1-506-453-6576
Fax: 1-506-453-7901
Newfoundland/ Labrador
Social Law Unit, Justice Department
Confederation Bldg. 4th Floor
P.O.
Box 8700
St John's, Newfoundland, Canada A1B 4J6
Nova Scotia
Legal Services Division
Department of Justice
P.O. Box 7
Halifax,
Nova Scotia, Canada B3J 2L6
tel: 1-902-424-2343
fax: 1-902-424-4556
Ontario
Family Responsibility and Reciprocal
Enforcement of Support Orders
Unit
P.O. Box 220
Downsview, Onterio, Canada M3M 3A3
Tel:
1-416-240-3635
Fax: 1-416-240-2402
Czech Republic
Office for International Legal Protection of Children
(Ustredi Pro
Mezinarodne Pravni, Ochranu Mladeze)
Benesova 22
602 00 Brno, Czech
Republic
Tel: 42 05 422 15443 (44 or 45) linka 27
Fax: 42 05 422 12836 (or
17900)
Ireland
Department of Equality and Law Reform
43-49 Mespil Road
Dun
Aimhirgin
Dublin 4, Ireland
tel: 353 (1) 667 0344
fax: 353 (1) 667
0367
Netherlands
Landelijk Bureau Inning Onderhoudsbijdragen
(LBIO)
Kampenringweg
49
Postbus 800
2800 AV GOUDA
Netherlands
Tel: 18 2 55 55 55
Fax:
18 2 55 55 16
Email: vny@lbio.nl
Norway
FFU-Bidrag (National Insurance Office for
Social Insurance
Abroad)
Child Support Division
Postboks 8138 Dep.
N-0033 Oslo,
Norway
Tel: 47 23 31 1300
Fax: 47 23 31 1601
Email:
ffu@trygdeetaten.no
Poland
Ministry of Justice
(Ministerstwo Sprawiedlivosci)
Judicial Assistance
and European Law Dept
Al. Ujazdowskie 11
00-950 Warsaw, Poland
Tel: 48
22 521 23 81
Fax: 48 22 628 09 49
Email:
borowska@ms.gov.pl
Portugal
Directorate General of the Judiciary
Ministry of Justice
Av 5 de
Outubro,125
1069-044 Lisbon, Portugal
Tel: 21 790 61 10
Fax: 21790 62
29
Email: correio@dgsj.pt (policy)
or elda.gama@sgsj.pt (case
status)
Slovak Republic
Center for International Legal Protection of Children and Youth
Centrum
pre medzinzrodno-pravnu, ochranu deti a mladeze
Pitalska 6
P.O. Box
57
814 99 Bratislava, Slovak Republic
Tel: 421 2 5975 2319
Fax: 421 2
5296 2895
Email: cipc@employment.gov.sk
INDIVIDUAL U.S. STATE CHILD SUPPORT
ARRANGEMENTS
Q. THE U.S. DOES NOT HAVE A FEDERAL INTERNATIONAL CHILD SUPPORT AGREEMENT
WITH THE COUNTRY WHERE THE PERSON WHO IS OBLIGED TO PAY CHILD SUPPORT IS
LOCATED. ARE THERE ANY OTHER ARRANGEMENTS AVAILABLE TO ASSIST WITH ENFORCEMENT?
A. Even if there is not a Federal-level agreement for child support
enforcement, there may be a state-level arrangement with the country. Individual
states have some form of reciprocal arrangement with a number of different
countries. Such state-level arrangements may not be as comprehensive in services
provided as the Federal-level agreements, however. Not all states have similar
arrangements with all countries. In addition, there are a number of multilateral
international agreements that may help. While most of these multilateral
international agreements are not in force for the United States, their existence
can still prove useful in international child support cases. If a country is a
party to one of these agreements, your attorney or state child support office
may wish to consider referring to this fact when approaching the foreign country
or foreign employer for assistance. This collegial approach, appealing to the
spirit of comity, can be helpful.
Q. WHAT IS THE AUTHORITY FOR SUCH STATE-LEVEL RECIPROCAL ARRANGEMENTS WITH
FOREIGN COUNTRIES?
A. Federal law provides that "States may enter into reciprocal
arrangements for the establishment and enforcement of support obligations with
foreign countries that are not the subject of a declaration pursuant to
subsection (a), to the extent consistent with Federal law" (42 U.S.C. 659A(d). The Uniform Interstate Family Support
Act (in each State the law which governs interstate child support
enforcement) provides in section 101(19) that the term "State" includes a
foreign jurisdiction that has enacted a law or established procedures for
issuance and enforcement of support orders which are substantially similar to
the procedures of state law. See also Nash, Foreign Child Support Judgments:
Declarations of Reciprocity by States, Digest of United States Practice in
International Law 1980, Office of the Legal Adviser, U.S. Department of State,
499,502 (1986) and Pfund, Child Support Orders: Arrangements for Enforcement,
Cumulative Digest of United States Practice in International Law, 1981-1988,
Vol. III, U.S. Department of State, Office of the Legal Adviser, 3695-3697
(December 1995)..
Q. WHICH U.S. STATES HAVE CHILD SUPPORT ARRANGEMENTS
WITH WHICH FOREIGN COUNTRIES?
A. Contact
your state child support agency to find out about the existence and provisions
of a state-level arrangements with a specific foreign country. You can also find
whether your state has a state-level arrangement with a specific foreign country
by going to U.S. Department of Health and Human Services, Office of Child
Support Enforcement (OCSE) Online Interstate Roster and Referral Guide (IRG)
and selecting your state from the map, then going to section C
"Reciprocity."
The information contained below, drawn from the individual state reports, may
not be entirely accurate as state reciprocal arrangements change without notice.
It is wise to
consult the most up-to-date information, which is available on the HHS home
page.
Alabama: Ireland, Slovakia.
Alaska: Australia, Canada (only the
following provinces: Alberta, Manitoba, New Brunswick, Newfoundland, Nova
Scotia, Ontario, Saskatchewan and Yukon Territory), England, Germany, Ireland,
Mexico, Norway, Poland, Sweden.
Arkansas: Canada (all
provinces), Germany, Ireland, Poland, United Kingdom.
Arizona: Australia, Canada (
including provinces of Alberta, British Columbia, Manitoba, New Brunswick ,
Ontario, Prince Edward Island and Saskatchewan); France, Germany, Ireland,
Mexico, Netherlands, Norway, Poland, Sweden, United Kingdom, British Virgin Islands.
California: Australia, Austria,
Bermuda, Canada (all
provinces), Czech Republic, Fiji, Finland, France, Germany, Hungary, Ireland,
Mexico, New Zealand,
Norway, Poland, Republic of South Africa, Slovak Republic, Sweden, United Kingdom.
Colorado: Australia, the
following provinces in Canada:
(Alberta, British Columbia, New Brunswick, Ontario, Saskatchewan and the Yukon
Territory), France, Germany, Ireland, Mexico, Norway, Poland and the United Kingdom.
Connecticutt: Australia; Bermuda;
Canadian Provinces: (Alberta, Nova Scotia, British Columbia, Ontario, Manitoba,
Saskatchewan, New Brunswick); France; Germany; Hungary; Ireland; Mexico (the
following 27 of 32 states: Aguascalientes, Nayarit, Baja California, Nuevo Leon,
Campeche, Puebla, Chiapas, San Luis Potosi, Chihuahua, Queretaro, Coahuila,
Quintana Roo, Colima, Sonora, Distrito Federal, Tabasco, Guanajuato, Tamaulipas,
Guerrero, Tlaxcala, Hidalgo, Veracruz, Jalisco, Yucatan, Michoacan, Zacatecas,
Morelos); Norway; Poland; Slovak Republic; United Kingdom..
Delaware: Australia, Canada (the
following provinces in Canada,
Manitoba, New Brunswick, Nova Scotia, Ontario, Saskatchewan, Yukon; England, and
Germany.
District of Columbia: None.
Florida: Australia, Austria,
Bermuda, Canada
(including Alberta, Manitoba, New Brunswick, Newfoundland/Labrador, Northwest
Territories, Nova Scotia, Ontario, Prince Edward Island, Quebec, Saskatchewan,
Yukon Territory), Czech Republic, France, Germany, Hungary, Ireland, Jamaica,
Norway, Poland, Slovak Republic, South Africa, Sweden, United Kingdom.
Georgia: Australia, Canada (the
provinces of British Columbia, Manitoba, Alberta, Nova Scotia, Ontario,
Saskatchewan), Germany, Hungary, Norway, Poland, Sweden, and the United Kingdom.
Hawaii: Australia, Germany and
United Kingdom.
Idaho: Australia, Austria,
Bermuda, Canada (all
provinces), Czech Republic, Fiji, Finland, France, Germany, Hungary, Ireland,
Mexico (Referrals/Payments thru Consulate of Utah or California), New Zealand, Norway,
Poland, Republic of South Africa, Slovak Republic, Sweden and the United Kingdom
Illinois: Australia, Austria,
Bermuda, Canada (all
provinces), Columbia, Czech Republic, Denmark, Fiji, Finland, France, Germany,
Hungary, Ireland, Israel, Jamaica, Mexico, New Zealand, Northern Ireland, Norway,
Poland, Scotland, Slovak Republic, South Africa, Sweden and United Kingdom.
Indiana: Australia, Canada
(provinces of Saskatchewan, New Brunswick, Ontario, Newfoundland and Labrador),
Norway, Sweden, Poland, and the United Kingdom.
Iowa: Australia, Canadian
Provinces (Alberta, British Columbia, Manitoba, New Brunswick,
Newfoundland/Labrador, Nova Scotia, Northwest Territories, Ontario, Quebec,
Saskatchewan, Yukon Territories), France, Germany, Ireland, Jamaica, Poland,
Scotland, Slovak Republic, Sweden, and the United Kingdom.
Kansas: None
Kentucky: , Australia, Bermuda,
Canada (all
provinces), Czech Republic, Hungary, France, Germany, Jamaica, Mexico, New Zealand, Poland,
Republic of South Africa, Slovak Republic, Sweden and the United Kingdom.
Louisiana: Australia, Canada
(provinces of Ontario, Alberta, Manitoba and Saskatchewan, France, Germany,
Hungary, Ireland Poland, andUnited
Kingdom.
Maine: Canada (provinces of Newfoundland, Labrador, and Quebec),
Germany, Sweden, and United
Kingdom.
Maryland: Australia, Canada
(Provinces of Edmonton Alberta, Winnepeg Manitoba, Frederickton New Brunswick,
St. John's Newfoundland , Halifax Nova Scotia , Toronto Ontario, Charlottetown
Prince Edward Island, Saskatchewan, Yukon Territory) , France, Ireland,
Heidelberg Germany, Berlin Germany, Hungary, Jamaica, Poland, Sweden and United
Kingdom.
Massachusetts: Austria, Canada (provinces of Quebec), Germany, Norway,
Sweden, and the United Kingdom.
Michigan: Canada
(provinces of Alberta, British Columbia, Manitoba, Nova Scotia, New Brunswick,
Newfoundland, Labrador, Ontario, Prince Edward Island), France and Germany.
Minnesota: Australia, Austria, Canada:
(provinces of Alberta, British Columbia, Manitoba, New Brunswick, Nova Scotia,
Ontario, Prince Edward Island, Saskatchewan and Yukon Territories), Czech
Republic, Germany, Ireland, Jamaica, Mexico, Norway, Poland, Sweden, and the United Kingdom.
Mississippi: Canada
(provinces of Manitoba, Saskatchewan), Czech Republic, Ireland, Slovak Republic
and Sweden.
Missouri: Australia, Austria,
Canada (provinces of Alberta, New Brunswick, Northwest Territory, Ontario and
Saskatchewan), Czech Republic, France, Germany, Hungary, Micronesia, Poland,
Slovak Republic and United Kingdom.
Montana: All Canadian provinces and all countries with which the U.S.
has federal agreements.
Nebraska: Australia, Canada
(provinces of British Columbia, Manitoba, Nova Scotia, Ontario, Saskatchewan),
Czech Republic, France, Germany, Hungary, Poland, and the Slovak Republic..
Nevada: Austria, Canada (provinces of Alberta, Saskatchewan, Manitoba,
British Columbia, Ontario, Nova Scotia), Czech Republic, France, Germany,
Hungary, Ireland, Mexico, Norway, Poland, Slovak Republic and the United Kingdom.
New Hampshire: None.
New Jersey: Australia, Bermuda,
Canada
(provinces of Alberta, Labrador, Manitoba, New Brunswick, Newfoundland,
Northwest Territories, Nova Scotia, Ontario, Quebec, Saskatchewan, Yukon
Territory), Czech Republic, Finland, France, Germany, Hungary, Ireland, Jamaica,
Mexico, Norway, Poland, Slovak Republic, South Africa, United Kingdom.
New Mexico: Austria, Canada (provinces of Alberta, Saskatchewan,
Manitoba, British Columbia, Ontario,- Nova Scotia), Czech Republic, Germany,
Hungary, Ireland, Mexico, Norway, Poland, Slovak Republic, and the United Kingdom.
New York: Australia, Austria, Canada (all
provinces), Czech Republic, Germany, Greece, Hungary, Ireland, Mexico, Norway,
Poland, Slovak Republic, Sweden, United
Kingdom.
North Carolina: Australia, Canada
(provinces of Saskatchewan, Manitoba, Newfoundland, Alberta, Ontario, New
Brunswick, and Nova Scotia), Germany, Hungary, Ireland, Poland, Sweden, and
theUnited Kingdom, ,
North Dakota: Australia, Canada
(provinces of Alberta, British Columbia, Manitoba, Ontario, Quebec,
Saskatchewan, Yukon Territory), France, Germany, Mexico, Norway, Poland, Sweden
and United Kingdom.
Ohio: Australia, Austria, Canada (all
provinces, except Nunavit), Czech Republic, France, Germany, Hungary, Ireland,
Mexico, New Zealand,
Poland, Slovak Republic, Sweden and United
Kingdom
Oklahoma: Australia, Canada
(provinces of Alberta, New Brunswick, Ontario, Quebec, Saskatchewan), Czech
Republic, Germany, Sweden, United
Kingdom, .
Oregon: Australia, Canada
(provinces of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland,
Northwest Territories, Nova Scotia, Ontario, Prince Edward Island, Quebec,
Saskatchewan, Yukon Territory), Czech Republic, Denmark, Finland, France,
Germany, Hungary, Jamaica, Micronesia, Norway, Poland, Slovak Republic,
Switzerland, United Kingdom and British
Virgin Islands.
Pennsylvania: Australia, Canada
(provinces of British Columbia, Manitoba, New Brunswick, Nova Scotia, Ontario,
Quebec and Saskatchewan), France, Germany, United Kingdom, Sweden, Ireland, .
Rhode Island: All countries with which the U.S. has federal
agreements.
South Carolina: None
South Dakota: Australia, Canada
(provinces of Ontario, New Brunswick, Territory of Nunavut, Yukon, Manitoba,
Newfoundland, Labrador, Northwest Territories, Nova Scotia, Saskatchewan,),
Czech Republic, France, Germany, Hungary, Ireland, Mexico, Norway, Poland,
Slovak Republic, Sweden, United
Kingdom.
Texas: Austria, Australia, Canada
(provinces of Alberta, Manitoba, New Brunswick, Northwest Territories, Nova
Scotia, Ontario, Saskatchewan, and the Yukon Territory), Czech Republic,
Germany, Hungary, Mexico, Norway, Poland, Sweden, and the United Kingdom.
Utah: Canada (provinces of Alberta, British Columbia, Manitoba,
Ontario, Quebec, Saskatchewan, Yukon Territory), France, Germany, Mexico,
Norway, Poland, United Kingdom.
Vermont: Vermont has no official arrangements with foreign
countries.
Virginia: Australia, Austria;
Canada (provinces of Alberta, British Columbia, Manitoba, New Brunswick,
Newfoundland/Labrador, Northwest Territories, Nova Scotia, Ontario, Prince
Edward Islands, Quebec, Saskatchewan, Yukon Territory), Czech Republic, France,
Germany, Hungary, Poland, Scotland, Sweden, United Kingdom, and Zimbabwe.
Washington State: Austria, Australia, Bermuda, Canadian
Provinces of Alberta, British Columbia, Manitoba, New Brunswick,
Newfoundland, Labrador, Nova Scotia, NW Territories, Ontario, Prince Edward
Islands, Quebec, Saskatchewan; Czech Republic, Fiji, France, Germany, Hungary,
Jamaica, Mexico, New
Zealand, Norway,Poland, Slovak Republic, Sweden and the United Kingdom.
West Virginia: Not Available.
Wisconsin: Australia, Austria,
British West Indies (pending), Canada
(provinces of Alberta, British Columbia, Manitoba, New Brunswick, Northwest
Territories (pending), Nova Scotia (pending), Ontario, Prince Edward Island
(pending), Quebec (pending), Saskatchewan, Yukon Territory, Newfoundland and
Labrador), Denmark, France, Germany, Hungary, Ireland (pending), Mexico (all
states except Durango, Mexico, Oaxaca, Sinalos) New Zealand, Nigeria
(pending), Norway, Palau (pending), Poland, Sweden, and the United Kingdom.
Wyoming: None
Q. WHERE CAN I FIND FOREIGN CONTACT INFORMATION FOR FOREIGN COUNTRIES WITH
WHICH INDIVIDUAL U.S. STATES HAVE RECIPROCAL CHILD SUPPORT ARRANGEMENTS?
A. Contact
your local child support agency for foreign contact information for state-level
arrangements.
LOCATING THE PARENT OVERSEAS
Q. HOW CAN I LOCATE AN ABSENT PARENT OWING CHILD SUPPORT WHO MAY BE
OVERSEAS?
A. Contact
your local child support agency which has access to a variety of sources for
assistance in locating the absent parent, including state, Federal (Federal Parent
Locator Service, 42
USC 653) and some foreign reciprocating countries location resources.
Q. HOW DO I REQUEST INFORMATION FROM U.S. EMBASSY RECORDS TO TRY TO LOCATE
A U.S. CITIZEN ABROAD WHO IS OBLIGED TO PAY CHILD SUPPORT?
A. Consular sections in U.S.
embassies and consulates can respond to requests from your local child support
agency for information from consular registration records regarding U.S. citizen
parents registered with the U.S. embassy or consulate. Information regarding the
whereabouts of U.S. citizens abroad contained in Department of State passport
records or U.S. embassy or consulate registration records abroad is protected by
the Privacy Act. For consideration of a request for release of such
information from U.S. embassy or consulate registration records, the state child
support enforcement office must submit a written request to the Consular
Section, American Citizens Services Unit of the nearest U.S. embassy or
consulate, or to the U.S. State Department, Overseas Citizens Services, Office
of Policy Review and Interagency Liaison (CA/OCS/PRI), Room 4811A, 2201 C
Street, N.W., Washington, D.C. 20520, tel: 202-647-3666, citing the specific law
being enforced for which release of information is being requested under the law
enforcement provisions of the Privacy Act.
Requests cannot be made by individuals, only by state enforcement agencies.
Q. HOW DO I REQUEST INFORMATION FROM U.S. PASSPORT FILES TO LOCATE A
MISSING PARENT ABROAD WHO OWES CHILD SUPPORT?
A. Information
regarding the whereabouts of U.S. citizens abroad contained in Department of
State passport records is protected by the Privacy Act. Child Support Enforcement Agencies may
submit requests for information from U.S. passport records to the U.S.
Department of State, Office of Passport Services, Research and Liaison
Branch (CA/PPT/TD/RL), Suite 510, 1111 19th Street, N.W., Washington, D.C.
20522-1705. Requests must be made in writing citing the specific law being
enforced for which release of information is being requested under the law
enforcement provisions of the Privacy Act.
Requests cannot be made by individuals, only by state enforcement agencies.
Q. CAN THE U.S. EMBASSY FIND A MISSING PARENT WHO OWES CHILD
SUPPORT?
A. Because we must dedicate our limited consular staff to handling
critical emergencies of Americans abroad, such as deaths, arrests, medical
evacuations, and disasters, we are not in a position to conduct actual searches
for U.S. citizens owing child support who are not registered with the embassy or
consulate. The U.S. embassy or
consulate can provide you with a list of foreign attorneys who may be able
to direct you to local private investigators.
OBTAINING SUPPORT ENFORCEMENT
THROUGH THE EMPLOYER
-
U.S.-BASED PRIVATE EMPLOYER
-
FOREIGN-BASED EMPLOYER
-
U.S. MILITARY EMPLOYER
-
U.S. DEPARTMENT OF STATE EMPLOYER
-
OTHER U.S. FEDERAL AGENCY EMPLOYER
Q. THE PARENT OWING CHILD SUPPORT WORKS OVERSEAS FOR A
PRIVATE U.S.-BASED COMPANY. WHAT CAN BE DONE TO OBTAIN ENFORCEMENT?
A. If the person owing the child support is employed abroad for a
U.S.-based company, current child support enforcement laws provide a number of
steps to obtain enforcement. Contact your local state
child support agency for details.
FOREIGN-BASED PRIVATE
EMPLOYER
Q. WHAT CAN BE DONE IF THE PARENT OBLIGED TO PAY CHILD SUPPORT WORKS
ABROAD FOR A FOREIGN-BASED EMPLOYER, WITH NO U.S. AFFILIATION?
A. Where there is a reciprocal arrangement, the foreign
child support agency or Central Authority will help enforce a U.S. support
obligation. Contact
your local state child support agency for details. If there is no reciprocal
arrangement, state child support offices advise they have found it useful to
pursue other possible avenues to attempt to collect child support from the
person in the foreign country. One example is for the state child support
enforcement agency to contact the individual’s foreign employer, including the
president of the company, providing authenticated, translated copies of
outstanding court orders, warrants, etc. Business directories such as Standard and Poors, Dunn & Bradstreet or
similar publications may provide resource information concerning addresses of
the corporate headquarters of foreign companies. Contact your state child
support office for guidance on this process. Also, certain domestic
enforcement measures may be effective even if the person who is obliged to pay
child support works abroad.
-
CASEWORKER'S GUIDE CHILD TO SUPPORT ENFORCEMENT & THE
MILITARY
-
GARNISHMENT OF WAGES
-
JUDGE ADVOCATE GENERAL'S OFFICE
-
SERVICE OF PROCESS
-
MILITARY PERSONNEL LOCATOR SERVICE
Q. HOW CAN I OBTAIN ENFORCEMENT OF A CHILD SUPPORT ORDER AGABCIST AN
EMPLOYEE OF THE U.S. MILITARY ABROAD, OR A U.S. MILITARY RETIREE ABROAD?
A. If the
parent from whom you are seeking child support is an employee of the U.S.
military abroad or a U.S. military retiree abroad, contact your local child
support office for assistance in coordinating with the appropriate U.S. military
offices. There are a variety of resources for information about child
support enforcement and the military. For
general guidance, see the U.S. Department of Health and Human Service, Office of
Child Support Enforcement’s A Caseworker’s Guide to Child Support and the
Military. You also can contact the U. S. Department of Health and Human
Services, Office of Child Support Enforcement's Military Liaison, Marilyn
Michaels, at 808-692-7139.
Q. WHERE CAN I FIND OUT MORE ABOUT THE PROCEDURES FOR GARNISHMENT OF WAGES
OF A PARENT IN THE U.S. MILITARY?
A. The U.S. Department of Defense, Defense Finance and Accounting
Service (DFAS) has a web site available with a specific fact sheet
about Garnishment, a Frequently Asked Questions
feature about Garnishment and a Garnishment Index.
Q. WHERE CAN I FIND OUT MORE ABOUT CHILD SUPPORT ENFORCEMENT AND THE
MILITARY?
A. Contact the Judge Advocate General’s Office for the applicable
branch of the military via general information at the Pentagon, tel: (703)
545-6700. See also the webpages for the Judge Advocate General's Office for the
Air Force, Army, and Navy and the Department of Defense Office of General
Counsel. It may also be helpful to review "A Guide to Child Support
Enforcement Against Military Personnel", (February 1996), Administrative and
Civil Law Department, Legal Assistance Branch, The Judge Advocate General’s School,
U.S. Army, Charlottesville, VA 22093-1781 and the work of the ABA Military Committee,
Family Law Section.
Q. HOW DO I SERVE PROCESS ON A PARENT OWNING CHILD SUPPORT WHO IS SERVING
IN THE U.S. MILITARY?
A. See the
U.S. Department of Health and Human Services, Office of Child Support
Enforcement’s A Caseworker’s Guide to Child Support and the Military.
See also, the U.S. Department of State
general guidance on service of process, which contains a discussion of this
issue, and country specific information on service of process abroad.
Q. HOW CAN I GO ABOUT LOCATING A PERSON OBLIGED TO PAY CHILD SUPPORT WHO
IS SERVING WITH THE U.S. MILITARY?
A. See the
U.S. Department of Health and Human Services, Office of Child Support
Enforcement’s A Caseworker’s Guide to Child Support and the Military.
Sec. 363 of H.R.
3734, "Enforcement of Child Support Obligations of Members of the Armed Forces",
requires the Secretary of Defense to establish a centralized personnel locator
service for members of the Armed Forces. See also Requests for
Military Mailing Addresses Active Duty.
U.S. STATE DEPARTMENT EMPLOYER
Q. HOW IS THE POLICY OF THE U.S. GOVERNMENT REGARDING ENFORCEMENT OF A
U.S. CHILD SUPPORT ORDER ISSUED BY A U.S. COURT AGABCIST AN EMPLOYEE OF THE U.S.
GOVERNMENT APPLIED REGARDING U.S.DEPARTMENT OF STATE EMPLOYEES WORKING
ABROAD?
A. The authority to obtain enforcement is set forth in 42 U.S.C. 659; 5 CFR
581. On February 27, 1995, the President signed Executive
Order 12953 which sets forth the actions required by all Federal agencies,
including the Department of State, to facilitate payment of child support.
Section 101(b) of the Executive Order requires all Federal agencies to cooperate
fully in efforts to establish paternity and in the collection of child and
medical support from agency employees. Section 101(c) of the Executive Order
requires each Federal agency to provide information to its employees about this
subject. The provisions of Executive
Order 12953 were publicized in Department of State Notice dated 5/15/95 and
Department of State
Notice dated 6/23/95. The subject is also addressed in The Foreign
Service Family and Divorce, Department of State Publication 9914, Family Liaison Office, (M/DGP/FLO),
2000. See Resources - Family Support Services on the Family Liaison site.
Executive
Order 13019 - Supporting Families: Collecting Delinquent Child Support
Obligations (September 1996) required the Secretary of the Treasury to
promptly develop and implement procedures necessary for the collection of
past-due child support debts by administrative offset. The Debt Collection Improvement Act of
1996 authorized the Secretary of the Treasury to collect past-due child
support by the administrative offset of Federal payments.
Q. HOW DO I ARRANGE FOR GARNISHMENT OF WAGES OF AN EMPLOYEE OF THE U.S.
DEPARTMENT OF STATE IN A CHILD SUPPORT CASE?
A. The salary of a federal government employee may be garnished for
the purpose of enforcing a legal obligation to provide child support or alimony.
(See 42 U.S.C.
659; 5 CFR
581) However, no garnishment procedures can be effectuated until evidence as
to the legal obligation is furnished, such as a tribunal order or decree. The
Department of State will garnish the wages of an employee to pay child support
and alimony when it is served with garnishment orders in accordance with
governing law and regulations. See also the Department of
State, Family Liaison Office (M/DGP/FLO) guidance on this subject.
Q. WHERE SHOULD GARNISHMENT ORDERS AGABCIST U.S. DEPARTMENT OF STATE
EMPLOYEES BE SENT IN THE DEPARTMENT OF STATE?
A. Garnishment orders should be sent to Office of the Legal Adviser,
L/EX, Room 3422 N.S., Department of State, 2201 C Street, N.W., Washington, D.C.
20520.
Q. HOW DO I EFFECT SERVICE OF PROCESS ON AN EMPLOYEE OF THE U.S.
DEPARTMENT OF STATE IN CONNECTION WITH A CHILD SUPPORT CASE?
A. Section 302 of Executive
Order 12953 provides that every Federal agency shall assist in the service
of legal process in civil actions pursuant to orders of courts of States [of the
United States] to establish paternity and establish or enforce a support
obligation by making Federal employees stationed outside the United States
available for service of process. Each agency shall designate an official who
shall be responsible for facilitating a Federal employee’s availability for
service of process regardless of the employee’s workplace.
Although the Department of State is not an agent for the service of process
upon its employees with respect to purely personal, non-official litigation, the
Department recognizes that its employees stationed overseas should not use their
official positions to evade their personal obligations and will, therefore
counsel and encourage Department employees to accept service of process in
appropriate cases. See 22
CFR 172.2(d). [See also the Standards of Ethical
Conduct for Employees of the Executive Branch, 5
C.F.R. 2635.809 (financial obligations).]
Q. WHO DO I CONTACT IN THE DEPARTMENT OF STATE REGARDING QUESTIONS
CONCERNING SERVICE OF PROCESS ON DEPARTMENT EMPLOYEES IN CHILD SUPPORT
MATTERS?
A. The Department of State, Office of Employee Relations, Conduct,
Suitability and Discipline Staff (HR/ER) will counsel and encourage Department
employees to accept service of process and make arrangements to ensure that
their children are provided the support to which they are legally entitled Executive
Order 12953 of February 27, 1995 and 22
CFR 172.2(d)). The Department of State, Office of Employee Relations,
Conduct, Suitability and Discipline Staff (HR/ER) can be contacted at SA-1, Room
236H, U.S. Department of State, Washington, D.C. 20520; 202-261-8180. HR/ER will
coordinate with the Office of the Legal Adviser for Employment Law (L/EMP) and
the Office of the Legal Adviser for Ethics (L/Ethics) as necessary. Questions
for the Office of the Legal Adviser for Employment Law (L/EMP) or the Office of
the Legal Adviser for Ethics (L/Ethics) may be directed to U.S. Department of
State, 2201 C Street N.W., Washington, D.C. 20520.
Q. IF SERVICE IS TO BE MADE DIRECTLY ON A U.S. DEPARTMENT OF STATE
EMPLOYEE ABROAD HOW CAN ARRANGEMENTS BE MADE FOR WAIVER OF IMMUNITY TO ENABLE
THE FOREIGN CENTRAL AUTHORITY TO EFFECT PERSONAL SERVICE ON THE U.S. DEPARTMENT
OF STATE EMPLOYEE ABROAD?
A. Questions regarding waiving of applicable diplomatic or consular
privileges and immunities should be directed to the Office of the Legal Adviser
for Diplomatic Law (L/DL), Room 5420, U.S. Department of State, 2201 C Street,
N.W., Washington, D.C. 20520.
Q. HOW DO I ENFORCE A CHILD SUPPORT ORDER AGABCIST A U.S. STATE DEPARTMENT
EMPLOYEE ISSUED BY A COURT IN A FOREIGN COUNTRY WHEN THE CHILD IN QUESTION IS IN
A FOREIGN COUNTRY?
A. If the foreign country in which the person, State agency, or other
institution to which a child support is owed has a federal bilateral arrangement
with the U.S. or a state level arrangement with the state of residence of the
person who is obliged to pay child support, the foreign enforcement agency for
international cases may contact the state child support agency in the designated
state of residence of the person who is obliged to pay child. The Uniform
Interstate Family Support Act (UIFSA), prepared by the National Conference of Commissioners on Uniform
State Laws, has been enacted by all of the states in the United States.
Pursuant to UIFSA, the child support agency may register the existing foreign
order in that state and enforce it as a local state order. If, for some reason,
the foreign order is not enforceable in the United States, a new and enforceable
local state order may be established in the state of residence of the person who
is obliged to pay child support on behalf of the person, State agency, or other
institution to which a child support is owed. The registered foreign order or
the new local order may be enforced using garnishment and other appropriate
enforcement actions.
Q. WHAT DO I DO IF THE STATE OF RESIDENCE OF THE PERSON OWING THE CHILD
SUPPORT IS UNKNOWN?
A. If the foreign country has a federal bilateral arrangement with the
United States and the designated state of residence of the person who is obliged
to pay child support is unknown, the foreign central authority may contact the
United States Central authority for International Child Support, Office of Child Support
Enforcement, Department of Health and Human Services, 4 West Aerospace
Building, 370 L'Enfant Promenade SW, Washington, DC 20447 or by phone:
202-260-5943, fax: 202-401-5539, or email to ocseinternational@acf.dhhs.gov for
assistance in locating the designated state of residence of the person who is
obliged to pay child support . If the foreign country has a state level
agreement, it may contact a state with which it has such an agreement for
assistance in location.
Information regarding garnishment and other appropriate actions may be
obtained by contacting the Office of the Legal Adviser, Legislation and General
Management, L/LM, Room 3422, Department of State, 2201 C Street, N.W.
Washington, DC 20520, tel: (202) 647-2318. All State Department employees have a
designated state of residence, and garnishment or other enforcement actions may
be taken by the State Department whether the employee is located in the same
foreign country, another foreign country or the United States.
Q. WHAT SHOULD I DO IF THE FOREIGN COUNTRY WHERE THE CHILD LIVES DOES NOT
HAVE A RECIPROCAL AGREEMENT ON CHILD SUPPORT WITH THE UNITED STATES?
A. If the person, State agency, or other institution to which a child
support is owed is in a foreign country with which there is neither a federal
agreement nor a bilateral agreement with the state of residence of the person
who is obliged to pay child support, the order may be enforced in the United
States only if it is recognized as an enforceable order by a tribunal, through
whatever procedures are appropriate and available, in the state of residence of
the person who is obliged to pay child support . This may require the services
of a local attorney.
The U.S. State Department does not have the authority to garnish wages based
on a foreign order which has not been registered or otherwise recognized by a
tribunal of a United States state. In such a case, however, other actions
pursuant to Department of State personnel rules may be brought to bear to
encourage compliance with the support obligation. The person, State agency, or
other institution to which a child support is owed or the foreign child support
enforcement agency may contact the United States Department of State Office of
the Legal Adviser, Legislation Management, L/LM, Room 3422 N.S., Department of
State, 2201 C Street, N.W., Washington D.C. 20520 through its embassy in
Washington or through the U.S. Embassy or consulate in the foreign country.
Q. WHOM SHOULD I CONTACT IF I HAVE QUESTIONS ABOUT ENFORCEMENT OF FOREIGN
COURT ORDERS AGABCIST DEPARTMENT OF STATE EMPLOYEES?
A. The U.S. Department of State, Office of the Legal Adviser,
Legislation and General Management, L/LM, Room 3422, Department of State, 2201 C
Street, N.W., Washington, D.C. 20520, tel: (202) 647-2318 may be contacted for
information regarding garnishment procedures and other appropriate actions.
Q. ARE PASSPORT SERVICES DENIED FOR DEPARTMENT OF STATE EMPLOYEES IN
CONNECTION WITH CHILD SUPPORT MATTERS?
A. The
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L.
104-193) went into effect October 1, 1997. The statute prohibits any
individual from receiving a U.S. passport who has been certified by the
Secretary of Health and Human Services to the Secretary of State as being in
arrears on child support payments by an amount exceeding $5000. This prohibition
extends to the issuance of diplomatic and official passports and includes both
new issuances and renewals. See the Department of State Notice
of 04/10/2000. The Department of State and its embassies and consulates
abroad have no information concerning individual child support obligations and,
once a passport has been denied based on nonpayment of child support, have no
authority to take other action until HHS removes the person's name from its
list. Please direct any questions to the appropriate state child support
enforcement agency. You may go to the Department of Health
and Human Services - State Child Support Enforcement Web Site for a listing
of HHS state and local agencies.
OTHER U.S. GOVERNMENT AGENCY
EMPLOYER
Q. HOW DO I ARRANGE FOR ENFORCEMENT OF CHILD SUPPORT FROM OTHER U.S.
GOVERNMENT EMPLOYEES ABROAD?
A. The salary of a federal government employee may be garnished for
the purpose of enforcing a legal obligation to provide child support or alimony.
(See 42 U.S.C.
659; 5 CFR
581) However, no garnishment procedures can be effectuated until evidence as
to the legal obligation is furnished, such as a tribunal order or decree. To
ascertain procedures for garnishment of the salary of a federal employee of a
U.S. Government agency other than U.S. military or U.S. Department of State
described above, contact the Personnel Office or the Office of General Counsel
of the employing agency. Consult the comprehensive
listing of all federal employer agents for purposes of service of process
(select #10, then Text; 5 CFR 581 at Appendix A), or contact your state child support
office for assistance
LEGAL SERVICES AND PROCESSES
Q. HOW CAN A U.S. PASSPORT BE DENIED TO A PERSON
OBLIGED TO PAY CHILD SUPPORT?
A. . U.S. passports cannot be denied based on requests from private
individuals. 42 U.S.C.
652 (k) provides that the
Secretary of State must deny issuance of a passport to a person who is in
arrears of child support of more than $5,000 based upon a certification to that
effect by the Secretary of Health and Human Services (HHS). See 22
Code of Federal Regulations, Section 51.70 (a) (8). If a person applies for
a U.S. passport or other consular services abroad, and that person's name does
not clear the Passport Name Check System due to an outstanding child support
obligation certified by HHS, the U.S. embassy or consulate will deny the request
for a passport or revoke a passport already issued.
The person may be issued a limited validity passport which is also limited
for return to the United States. "Revoke" means that the U.S. government has
officially removed the passport from the person - it does not necessarily mean
that the original passport (which may include multiple foreign visas) is
destroyed or canceled. If there is a hold for HHS certified child support
reasons, the passport will not be returned to the person until the name clears
the passport lookout system. The formal passport revocation letter prepared by
the U.S. embassy or consulate informs the person that the passport is legally
revoked and he or she is not entitled to it until HHS gives the Department of
State official permission.
Once the name of the person clears the passport lookout system
electronically, the passport may be returned. This means that the state where
the child support is owed must notify the U.S. Department of Health and Human
Services that the $5,000 or more in arrears has been paid. HHS will in turn
notify the U.S. Department of State that the individual's name may be removed
from the passport name check system. The Department
of State and its embassies and consulates abroad have no information concerning
individual child support obligations and have no authority to take other action
until HHS removes the person's name from its list. Please direct any questions
to the appropriate state child support enforcement agency. You may go to the Department of Health
and Human Services - State Child Support Enforcement Web Site for a listing
of HHS state and local agencies. See also the HHS
letter to all state IV-D Directors requesting updated information.
Q. IF THERE IS NO FEDERAL OR STATE RECIPROCAL
ARRANGEMENT ON CHILD SUPPORT ENFORCEMENT, WHAT OTHER OPTIONS ARE
AVAILABLE?
A. If there is no Federal or state
arrangement, a state child support agency or an individual seeking child support
may want to consult an attorney in the foreign country to learn if there are any
remedies available under foreign law. Consult the U.S. Department of State home
page for a list of foreign
attorneys prepared by the U.S. embassy or consulate abroad and information on retaining a foreign
attorney. See also general
information about enforcement of judgments. Lists of attorneys are also
available from the U.S. Department of State, Overseas Citizens Services, Office
of American Citizen Services and Crisis Management at 202-647-5225 or via mail
at Room 4811A, 2201 C Street, N.W., Washington, D.C. 20520. Also, domestic
enforcement tools such as tax offset, passport restrictions, or lien registries
may be effective even if the person who is obliged to pay child support resides
in a country without enforcement procedures available to U.S. residents. Consult your local your
local child support agency for assistance with these domestic enforcement
tools.
Q. DO U.S. CRIMINAL LAWS PROVIDE ANY MECHANISM TO ASSIST IN CHILD SUPPORT
ENFORCEMENT?
A. A civil child support debt is not in itself enforceable as a
criminal matter and is unlikely to serve as a basis for arrest or extradition.
For information about Federal criminal child support measures under the Child Support Recovery
Act see the U.S.
Department of Justice, Criminal Division. Some states also have criminal
laws governing child support enforcement. Contact your state child support
office about new criminal enforcement procedures, including any new
developments in the use of criminal procedures in international cases. Questions
about extradition treaties should be addressed by prosecutors to the U.S.
Department of State, Office of the Legal Adviser for Law Enforcement and
Intelligence or the Criminal Division, Office of International Affairs,
Department of Justice.
Q. WHERE CAN I FIND INFORMATION ABOUT
AUTHENTICATION OF DOCUMENTS FOR USE ABROAD, SERVICE OF PROCESS, OR OBTAINING
EVIDENCE IN CONNECTION WITH CHILD SUPPORT MATTERS?
A. It may be
necessary to provide foreign authorities with authenticated, translated copies
of a child support order and any other pertinent documents. Consult the
reciprocating nation's Central Authority or a foreign attorney before going to this
expense. If you need to authenticate
documents, serve process on a
person abroad, or obtain evidence
abroad in connection with a child support case, see the Department of
State's extensive home page on international judicial assistance
where you will find answers to many of these questions.
OTHER INTERNATIONAL AGREEMENTS
Q. WHY ISN’T THE UNITED STATES A PARTY TO MULTINATIONAL AGREEMENTS ON
CHILD SUPPORT ENFORCEMENT?
A. Many multilateral treaties frequently include elements that are
incompatible with the U.S. child support system or U.S. Constitutional or
judicial standards. The
United States supports the work of the Hague Conference on Private International
Law to find a new multilateral solution to the issue of child maintenance.
Q. WHY WOULD A TREATY THAT IS NOT IN FORCE FOR THE UNITED STATES HELP IN
TRYING TO ENFORCE A U.S. ORDER IN A FOREIGN COUNTRY WHERE THE TREATY IS IN
FORCE?
A. While most of these agreements are not in force for the United
States, their existence can still prove useful in international child support
cases. If a country is a party to one of these agreements, your attorney or
state child support office may wish to consider referring to this fact when
approaching the foreign country or foreign employer for assistance. In this
context, provide the foreign contact with information about the laws of your
state. This collegial approach, appealing to the spirit of comity, can be
helpful.
PRIVATE ORGANIZATIONS
Q. WHAT DO YOU ADVISE PEOPLE CONSIDERING RETAINING THE SERVICES OF VARIOUS
PRIVATE ORGANIZATIONS TO ENFORCE CHILD SUPPORT ORDERS?
A. U.S. residents should always contact the child support office in
their state of residence first, even if the person who is obliged to pay child
support resides abroad. The Department of State is aware that many private
organizations now claim that they can assist in enforcing child support orders
abroad. As a matter of policy, we do not comment on the bona fides of such
organizations. Before retaining the services of such an organization, however,
U.S. citizens may wish to make appropriate inquiries with applicable state
licensing offices, the Better Business Bureau,
your local or state
child support office, or the attorney general’s office of the
state where the private organization is located.
ENFORCING A FOREIGN SUPPORT
ORDER IN THE U.S.
Q. HOW CAN A FOREIGN CHILD SUPPORT ORDER BE ENFORCED IN THE UNITED
STATES?
A. If there is an existing federal bilateral child support arrangement
between the United States and the foreign country, or a U.S. state-level
arrangement with the foreign country, the foreign country should contact the
local child support enforcement agency in the state where the person owing child
support resides. If the parent’s whereabouts are unknown, the foreign central
authority can contact the U.S. Central Authority, Director, U.S. Central
Authority for International Child Support, Office of Child Support Enforcement,
Department of Health and Human Services, Phone: 202-260-5943; Fax: 202-401-5539.
If there is no state-level or federal arrangement with the foreign country, it
may be necessary for the individual seeking enforcement or the foreign
authorities working on behalf of that individual to retain the services of a
private attorney in the United States to attempt to enforce the foreign judgment
in accordance with U.S. law. There is no treaty in force between the United
States and any foreign country on the subject of enforcement of judgments. See our general guidance regarding enforcement of
judgments. Information
about lawyer referral services is available from the American Bar Association.
LINKS
Q. ARE THERE OTHER SOURCES OF INFORMATION ABOUT INTERNATIONAL CHILD
SUPPORT ENFORCEMENT WHERE I CAN OBTAIN INFORMATION?
A. The following links may be helpful.
LAWS, EXECUTIVE ORDERS, FEDERAL REGULATIONS
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ,
Section 459A of
the Social Security Act (42 U.S.C. 659A
(1996), authority to negotiate international agreements
Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 Welfare Report
Act, 42 USC 652(k), Denial of passports for nonpayment of child support
Deadbeat Parents Punishment Act (18 USC 228); Child Support Recovery
Act
Uniform
Interstate Family Support Act
Executive Order 13019 -
Supporting Families: Collecting Delinquent Child Support Obligations, September
28, 1996, FR Vol 61, No. 193, Thursday, October 3, 1996
Executive
Order 12953 - Actions required by all Federal agencies to facilitate payment
of child support. Section 101(b) of the Executive Order requires all Federal
agencies to cooperate fully in efforts to establish paternity and in the
collection of child and medical support from agency employees. Section 101(c) of
the Executive Order required each Federal agency to provide information to its
employees about this subject.
Public
Notice in the Federal Register (Vol. 65, Number 98, Page 31953) - U.S.
Reciprocal Agreements on International Child Support Enforcement
FEDERAL AGENCIES
State Department
U.S. Department of State, Bureau of Consular
Affairs, Child Support Enforcement
U.S. Department of State,
Passport Services, Denial of Passports for Child Support Arrearages
U.S.
Department of State, Office of the Legal Adviser for Private International
Law
U.S. Department of State, Family
Liaison Office for Department of State Personnel and Dependants
HHS
U.S. Department of Health and
Human Services, Office of Child Support Enforcement:
Justice
U.S. Department of Justice,
Criminal Division’s Child Exploitation and Obscenity Section
Treasury
U.S. Treasury Department,
Debt Management Services, Child Support Enforcement
U.S. Treasury Department,
Regulations Relating to Child Support
Defense
A
Caseworker’s Guide to Child Support Enforcement for Military Personnel: U.S.
Department of Health and Human Services, Office of Child Support
Enforcement:
Defense Finance and Accounting Service (DFAS) fact sheet about Garnishment, Frequently Asked Questions
feature about Garnishment and Garnishment Index.
Associations
National Child Support Enforcement
Association
American Bar Association, Child
Support Committee
Military Committee,
Section of Family Law, American Bar Association
Eastern Regional Interstate Child Support
Enforcement Association (ERICSA)
International Organizations
Hague Conference on Private
International Law
REFERENCE MATERIALS
Q. WHERE CAN I READ MORE ABOUT CHILD SUPPORT ENFORCEMENT?
A. Here is a selected bibliography on child support enforcement.
Selected References
Barber, "Soldiers, Sailors and the Law", 9 Family Advocate, 38-41 (1987).
Baughn, Throw the Book at Deadbeat Parents, Criminal Enforcement of Child
Support Orders, Family Advocate, Vol. 23, No. 2, (2000).
Bradshaw, Department of Social Security, Support for Children: A Comparison
of Arrangements in Fifteen Countries (HMSO, London) (1993).
Burch, The 1989 Inter-American Convention on Support Obligations, XL Amer. J.
Comp. L. 817-864 (1992).
Castel, "Recognition and Enforcement of Foreign Judgments In Personam and In
Rem in Common Law Provinces Of Canada, 17 McGill L.J. 11, 161-79 (1971).
Caswell, Making Long-Distance Parents Pay Up, International Child-Support
Enforcement, Family Advocate, Vol. 23, No. 2 (2000).
Cavers, "International Enforcement of Family Support", 81 Columbia Law
Review, 994-1043 (1981).
Cavers, "Draft Convention on the Recognition and Enforcement of Decisions
Relating to Maintenance Obligations, 21 Amer. J.Comp. L. 154 (1973).
DeHart, "Comity, Conventions and the Constitution", 28 Family L.Q., 89-115
(1994).
DeHart, "Getting Support Over There", 9 Family Advocate, 34-37 (1987).
DeHart, "International Enforcement of Child Support and Custody: Reciprocity
and Other Strategies, ABA Section of Family Law Monograph (1986).
DeHart, "Reaching Across International Boundaries", 2 Family Advocate, 27-29
(1979).
Hewitt, Oz and the Art of Maintenance, Britain’s Child Support Agency Is One
Year Old, Independent, London, (1994).
Koenig, Courts in the Fax Lane: The Use of Facsimile Technology in State
Courts, State Justice Institute Grant No. SJI-89-06F-B-023, Center for Public
Policy Studies, Telephone Conferencing in Interstate Child Support Cases: Final
Report, State Justice Institute Grant No. SJI-88-06E-G-059, (1990).
Krause, Child Support in America: The Legal Perspective (1981).
Krause, Reflections on Child Support, Family Law Quarterly, XVII, No. 2,
(1983).
Krauskopf, International Recognition and Enforcement of Family Law Judgments,
27 St. Louis B.J. 6 (1980).
McLean, Recognition of Family Judgments in the Commonwealth 209 (1983).
Marks-Barnett, Enforcement of Foreign Support Orders, Judgments or Decrees,
52 Okla. B.J. 1801 (1981).
Oldham, Lessons from the New English and Australian Child Support Systems, 29
Vanderbilt J. of Transnat’l Law, 691, 735 (1996).
Oldham, Introduction to the 1999 Child Support Symposium 33 FAM. L.Q. 1
(1999).
Paikin, Use of Teleconferencing in Interstate Child Support Cases, 13
Fairshare 12 (1993).
Pfund, Cumulative Digest of United States Practice in International Law,
1981-1988, Vol. III, U.S. Department of State, Office of the Legal Adviser,
3695-3697 (1995).
Sampson & Kartz, UIFSA, An Interstate Support Act for the Century, 27
Fam. L.Q. 85-173 (1993).
Sampson, Uniform Interstate Family Support Act (1996) (with Unofficial
Annotations by John J. Sampson), 32 Fam. L.Q. 221 (Summer 1998).
Saxon & Kane, The Uniform Interstate Family Support Act, Institute of
Gov. Family Law Bulletin, Univ. N.C., Chapel Hill, (March 1996).
Schwartz, How to Collect Support from Overseas, Fairshare, 8 (March
1988).
Zoop, Protecting Soliders … From Their Spouses: The Soldiers' and Sailors'
Civil Relief Act, Family Advocate, Vol. 23, No. 2 (2000).
STATE CHILD SUPPORT
AGENCIES
(Note: Contact information for state agencies changes regularly and the
following may not be accurate. You may wish to contact your state child
support enforcement office via the Internet or check the address feature of OCSE's Online
Interstate Resource Guide.) This HHS site includes the most current
address and telephone information. The following phone numbers taken from the
HHS site may be helpful to inquirers who do not have ready internet access. Your
local public library should be able to assist you in checking the HHS site
directly for updates.
STATE CHILD SUPPORT ENFORCEMENT OFFICES
Alabama (205) 242-9300
Alaska (907) 276-3441
Arizona (602) 252-0236
Arkansas (501) 682-8398
California (916) 654-1556
Colorado (303) 866-5994
Connecticut (203) 566-3053
Delaware (302) 577-4863
DC (202) 724-8800
Florida (904) 488-9900
Georgia (404) 657-3851
Guam (671) 475-3360
Hawaii (808) 587-3700
Idaho (208) 334-5710
Illinois (217) 782-8768
Indiana (317) 232-4894
Iowa (515) 281-5580
Kansas (913) 296-3237
Kentucky (502) 564-2285
Louisiana (504) 342-4780
Maine (207) 287-2886
Maryland (410) 333-3979
Massachusetts (617) 727-4200
Michigan (517) 373-7570
Minnesota (612) 296-2542
Mississippi (601) 359-4500
Missouri (314) 751-4301
Montana (406) 444-4614
Nebraska (402) 471-9125
Nevada (702) 687-4744
New Hampshire (603) 271-4426
New Jersey (609) 588-2361
New Mexico (505) 827-7200
New York (518) 474-9081
North Carolina (919) 571-4120
North Dakota (701) 224-3582
Ohio (614) 752-6561
Oklahoma (405) 424-5871
Oregon (503) 986-2417
Pennsylvania (717) 787-3672
Puerto Rico (809) 722-4731
Rhode Island (401) 277-2409
South Carolina (803) 737-5870
South Dakota (605) 773-3641
Tennessee (615) 741-1820
Texas (512) 463-2181
Utah (801) 538-4400
Vermont (802) 241-2319
Virgin Islands (809) 774-5666
Virginia (804) 692-2458
Washington (206) 586-3162
West Virginia (304) 558-3780
Wisconsin (608) 266-9909
Wyoming (307) 777-6948
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