7 FAM 1750
INTERNATIONAL CHILD SUPPORT ENFORCEMENT
(CT:CON-804; 04-30-2018)
(Office of Origin: CA/OCS)
7 FAM 1751 INTRODUCTION
7 FAM 1751.1 Role of The
Department of State
(CT:CON-693; 01-04-2017)
a. Summary: The issue of international child support
enforcement is a high priority to the United States. The Bureau of Consular
Affairs (CA) and the Office of the Legal Adviser for Private International Law
(L/PIL) work closely with the Department of Health and Human Services,
Administration for Children and Families, Office of Child Support Enforcement
(HHS/ACF/OCSE), to find innovative solutions to international child-support
enforcement problems. We:
(1) Provide information through the Consular Affairs
Internet home page;
(2) Deny passport services, except for direct return
to the United States, to persons HHS/ACF/OCSE certifies as $2500 or more in
arrears (see 7
FAM 1387);
(3) Negotiate international child-support agreements;
and
(4) Facilitate communication among parents, U.S.
States, foreign countries, and other U.S. Government agencies on this important
subject.
b. Who does what:
(1) The Office of Legal Affairs and Law Enforcement
Liaison, Legal Affairs Division (CA/PPT/S/L/LA) plays an important role in
child-support enforcement through passport denial as explained in 7 FAM 1387;
(2) The Office of American Citizens Services (ACS) and
Crisis Management (CA/OCS/ACS), Directorate of Overseas Citizens Services
(OCS), and the Office of Legal Affairs (CA/OCS/L), provide guidance to posts
about this program as it pertains to passport issuance abroad;
(3) OCS' Office of Legal Affairs (CA/OCS/L) (ASK-OCS-L@state.gov)
and the Office of the Legal Adviser for Private International Law (L/PIL) work
with the Department of Health and Human Services (HHS/ACF/OCSE) on negotiation
of reciprocal child-support enforcement agreements with foreign countries; and
(4) Posts abroad provide a key element in the
Departments efforts to help with international child-support initiatives.
c. Parent Locate Services:
(1) Information regarding the whereabouts of U.S.
citizens abroad contained in Department of State records, including passport
records, OCS records, or U.S. embassy or consulate or Smart Traveler Enrollment
Program (STEP) records abroad, are protected by the Privacy Act (5 U.S.C. 552a);
(2) However, upon a request by a U.S. State, agencies
addressing child-support issues or the U.S. Department of Health and Human
Services in relation to a child-support issue or case, the Department may
generally disclose information, including location information, about a U.S.
citizen or lawful permanent resident (LPR) contained in CA/PPT or CA/OCS
records under the Department's routine uses;
(3) The applicable routine uses do not authorize
disclosure to private individuals;
(4) Release of information in passport records may
only be authorized by CA/PPT (see 7 FAM 1300 Appendix J, "Release of
Information from Passport Files"); and
(5) Information in OCS or overseas post ACS records
may only be released by CA/OCS. See also STATE-05 on the Department of State
Internet page for conditions of disclosure for OCS records. Posts can contact
CA/OCS/L with questions at ASK-OCS-L@state.gov.
NOTE: The Department, including posts
abroad, does not conduct actual searches of Department records for U.S.
citizens or U.S. non-citizen nationals owing child support. The post can
provide private inquirers with a list of foreign attorneys who may be able to
direct them to local private investigators.
d. Passport records: Child support enforcement agencies
may submit requests for information from U.S. passport records to:
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U.S. Department of State
Record Services Division
CA/PPT/S/TO/RS
44132 Mercure Circle
P.O. Box 1213
Sterling, VA 20166-1213
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e. Posts may not release passport records including
PIERSACRQ records without authorization from the Department (CA/PPT/S/TO/RS).
f. Foreign requests about enforcement: Residents of
other nations should contact family maintenance officials of their country for
information and other assistance:
(1) If the foreign country is a party to the Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance; or 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 countrys central authority
should contact the State child-support enforcement agency in the State where
the person owing child support resides. If the parents whereabouts are
unknown, the foreign central authority can contact the Director, U.S. Central
Authority for International Child Support, Office of Child Support Enforcement,
Department of Health and Human Services, (HHS/ACF/OCSE); phone: 202 401-9373; fax:
202 401-5655;
(2) If there is no State-level arrangement, no Federal
bilateral arrangement, or no Hague Child Support Convention relationship 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. In some States, the individual
seeking enforcement may be able to apply directly to a local child-support
enforcement agency for receipt of Title IV-D child support services; and
(3) Effective January 1, 2017, the 2007 Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance enters into force for the United States. It includes
provisions regarding the recognition and enforcement of child-support orders.
There is no other treaty in force between the United States and any foreign
country on the subject of enforcement of judgments. See CA/OCSs general
guidance regarding enforcement of judgments on the CA Internet page.
Information about lawyer referral services is available from the American Bar
Association.
7 FAM 1751.2 U.S. Department of
Health and Human Services, Office of Child Support Enforcement (HHS/ACF/OCSE)
(CT:CON-693; 01-04-2017)
The U.S. Department of Health and Human Services Office of
Child Support Enforcement (HHS/ACF/OCSE) is the office of the U.S. Federal
Government charged with principal responsibility for this important subject.
HHS/ACF/OCSE is also the U.S. central authority for Federal bilateral child-support
agreements and for the Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance. HHS/ACF/OCSE has designated
state IV-D child support agencies to perform those central authority functions
under the Hague Child Support Convention that are related to the transmission
and receipt of Convention applications, as well as the initiation of
proceedings related to those applications. HHS/ACF/OCSE will help locate the
debtor or the creditor if the Convention country does not know the State in
which the person resides (see 7 FAM 1754 and 7 FAM 1755).
7 FAM 1751.3 U.S. State IV-D Child-Support
Enforcement Agencies
(CT:CON-693; 01-04-2017)
Parents in the United States should contact their local
office of child-support enforcement. 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 Services U.S. Federal
Child Support Enforcement Program (HHS/ACF/OCSE). If the parent in the other
country is employed by a U.S.-based company or a U.S. Government agency, there
are a variety of measures the local State IV-D agency may be able to take to
assist the inquirer.
7 FAM 1752 AUTHORITIES
(CT:CON-693; 01-04-2017)
The legal authorities related to the Department of States
efforts concerning international child-support enforcement include:
(1) 42 U.S.C. 659a, International support enforcement;
(2) 42 U.S.C. 652(k), Denial of passports for
nonpayment of child support;
(3) 22 CFR 51.60(a)(2), Denial of Passports;
(4) 79 FR 49368;
(5) 18 U.S.C. 228, Failure to pay legal child support
obligations: The Child Support Recovery Act (CSRA) of 1992 makes the willful
failure to pay a past due support obligation with respect to a child residing
in another State a Federal misdemeanor offense. The Deadbeat Parents
Punishment Act (DPPA) of 1998 amended the CSRA of 1992. The DPPA established
felony violations for traveling in interstate or foreign commerce to evade a
child-support obligation or for failing to pay a child-support obligation which
is greater than $10,000 or has remained unpaid for a period longer than 2
years. Previously, child support cases involved only a misdemeanor violation
with a penalty of less than 1-year imprisonment;
(6) 2007 Hague Convention on the International
Recovery of Child Support and Other Forms of Family Maintenance;
(7) Uniform Interstate Family Support Act (2008); and
(8) Public Law 113-183, Preventing Sex Trafficking and
Strengthening Families Act, required all States to enact any amendments to the
Uniform Interstate Family Support Act, officially adopted as of September 30,
2008 by the National Conference of Commissioners on Uniform State Laws,
referred to as UIFSA 2008. The UIFSA 2008 amendments integrate the appropriate
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance.
7 FAM 1753 PASSPORT DENIAL, REVOCATION,
AND CHILD-SUPPORT ENFORCEMENT
(CT:CON-693; 01-04-2017)
a. The U.S. Department of State and its embassies and
consulates abroad deny the application or renewal of an obligor's passport if
the individual owes more than $2500 in past-due child support, based on a
certification by the responsible State child-support agency to the Department
of Health and Human Services (HHS), which in turn transmits it to the
Department of State. The Department may revoke the passport of an obligor who
is certified in arrears by HHS. See 7 FAM 1387, 42
U.S.C. 652(k), and 22 CFR 51.60(a)(2). The program was implemented jointly by
HHSs Office of Child Support Enforcement (OCSE) and the Department of State in
June 1998. Reported collections total over $382 million in lump-sum payments
since its inception. With over 4.3 million obligors certified to the
Department of State by HHS/ACF/OCSE, it is estimated that nearly 100 passports
are denied daily for child-support reasons.
b. The Department of State and U.S. embassies and consulates
abroad have no authority to issue a U.S. passport, except for direct return to
the United States, if a CLASS hold exists for child-support arrears certified
by HHS. The passport applicant must contact the IV-D child-support enforcement
office in the U.S. State where the obligation was ordered to resolve the
matter. Only after the U.S. State notifies HHS that the arrearage has been
resolved and HHS notifies the Department of State that the matter is closed and
the name is removed from the CLASS system, may a passport be issued. The
existence of a CLASS hold for child support arrearages does not make the person
ineligible for other consular services, such as documentation of other
children. See 7
FAM 1387 for more information on passport denial and revocation in child-support
arrearages cases.
c. The prohibition applies to all types of passports,
including official, diplomatic, service, and no-fee regular passports as well
as regular passports and passport cards.
d. The statute has been challenged and upheld in two
cases before Federal courts: Eunique v. Powell, 281 F.3d 940, 2002 (9th Cir.
Cal. 2002 - statute does not violate Fifth Amendment freedom to travel
internationally); Weinstein v. Albright, 261 F.3d 127; 2001 (2nd Cir. 2001 - statutory
and regulatory scheme comports with due process and equal protection).
7 FAM 1754 MULTILATERAL TREATY - HAGUE
CONVENTION on International Child Support and Other Forms of Family Maintenance
(CT:CON-693; 01-04-2017)
a. The 2007 Hague Convention on the International
Recovery of Child Support and Other Forms of Family Maintenance enters into
force for the United States January 1, 2017. This is the first global child
support treaty ratified by the United States. It contains groundbreaking
provisions that, for the first time on a worldwide scale, establish uniform,
inexpensive, and effective procedures for the processing of international child-support
cases. The U.S. Department of Health and Human Services will be the U.S.
Central Authority for the Convention.
b. The United States actively participated in the
negotiation of this multilateral convention on child support under the auspices
of the Hague Conference on Private International Law from 2003 until 2007.
c. The Convention on the International Recovery of
Child Support and Other Forms of Family Maintenance was adopted at The Hague on
November 23, 2007, and was signed on behalf of the United States of America on
that date. The United States was the first country to sign the Convention.
d. The U.S. Senate provided its advice and consent to
ratification of the Convention on September 29, 2010, subject to the following
reservations, understanding, and declaration:
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RESERVATIONS
(1) In accordance with Articles 20 and 62 of the
Convention, the United States of America makes a reservation that it will not
recognize or enforce maintenance obligation decisions rendered on the
jurisdictional bases set forth in subparagraphs 1(c), 1(e), and 1(f) of
Article 20 of the Convention.
(2) In accordance with Articles 44 and 62 of the
Convention, the United States of America makes a reservation that it objects
to the use of the French language in communications between the Central
Authority of any other Contracting State and the Central Authority of the
United States of America.
UNDERSTANDING
The United States is not a party to the Convention
on the Rights of the Child and understands that a mention of the Convention
in the preamble of this Treaty does not create any obligations and does not
affect or enhance the status of the Convention as a matter of the United
States or international law.
DECLARATION
The United States of America declares, in
accordance with Articles 61 and 63 of the Convention, that for the United
States of America the Convention shall extend only to the following: all 50
U.S. States, the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin
Islands.
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e. Implementing legislation for the Convention was
included in Title III of the Preventing Sex Trafficking and Strengthening
Families Act, Public Law 113-183, which the President signed on September 30,
2014.
f. On August 30, 2016, the President signed the
Instrument of Ratification. On September 7, 2016, the United States deposited
its Instrument of Ratification at The Hague.
g. When the treaty goes into effect in the United
States, we will have a treaty relationship with 32 countries, including the
European Union.
h. U.S. families will benefit from the Conventions
expedited cost-free procedures for enforcing support orders. That means more
U.S. families will receive timely support without regard to whether both
parents live in this country.
i. We encourage other countries to consider becoming a
party to this Convention.
j. See The Hague Conference Maintenance Obligations
page.
k. Posts may address questions about this Convention to
CA/OCS/L (ASK-OCS-L@state.gov) which will coordinate with the U.S. Central
Authority, Department of Health and Human Services. Posts may also address
questions directly to the U.S. Central Authority, HHS.
7 FAM 1755 BILATERAL RECIPROCAL
AGREEMENTS AND UNILATERAL DECLARATIONS
(CT:CON-693; 01-04-2017)
a. 42 U.S.C. 659a authorizes the Secretary of State,
under certain conditions and with the concurrence of the Secretary of Health
and Human Services, to declare a foreign country or political subdivision
thereof to be a foreign reciprocating country for purposes of child-support
enforcement. In order to be declared a foreign reciprocating country, a
foreign country must have established or undertaken to establish procedures
available to U.S. residents that are in substantial conformity with the
following standards:
(1) Procedures for the establishment of paternity;
(2) Procedures for the establishment of support
orders;
(3) Procedures for the enforcement of support orders;
(4) Procedures for the collection and distribution of
payments under support orders;
(5) Provision of all of these services, including
administrative and legal assistance where necessary, without cost to the United
States resident; and
(6) Establishment of a "central authority"
to facilitate implementation of support enforcement in cases involving
residents of the United States.
b. Questions from foreign countries regarding
negotiation of a child-support agreement with the United States should be directed
to the Office of the Legal Adviser for Private International Law (L/PIL) and
CA/OCS/L (ASK-OCS-L@state.gov).
c. U.S. Central Authority: The U.S. Central Authority
for these bilateral agreements is the Department of Health and Human Services,
Administration for Children and Families, Office of Child Support Enforcement
(HHS/ACF/OCSE). Questions about bilateral child support enforcement issues may
be addressed to U.S. Central Authority, HHS. Questions may also be directed to
CA/OCS/L (ASK-OCS-L@state.gov) for coordination with HHS.
d. See HHS/ACF/OCSE International for a list of
countries with which the United States has bilateral reciprocal agreements or
unilateral declarations.
7 FAM 1756 U.S. State-level reciprocal
arrangements
(CT:CON-693; 01-04-2017)
a. In addition to providing authority for Federal-level
child support declarations, 42 U.S.C. 659a provides that:
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"[S]tates may enter into reciprocal
arrangements for the establishment and enforcement of support obligations
with foreign countries that are not the subject of a [Federal] declaration to
the extent consistent with Federal law."
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b. The Uniform Interstate Family Support Act (UIFSA),
which has been adopted by every State, provides that a State may enter into
reciprocal arrangements for the enforcement of child-support obligations with a
foreign country that has procedures the State determines to be substantially
similar to UIFSA. Each U.S. State and territory with a federally funded child-support
program has provided information about reciprocal arrangements it may have with
other countries in its response to the section titled "reciprocity"
on the HHS/ACF/OCSE Intergovernmental Referral Guide.
7 FAM 1757 CHILD-SUPPORT ENFORCEMENT
AND PARENTAL CHILD ABDUCTION
(CT:CON-693; 01-04-2017)
a. According to the U.S. Office of Child Support
Enforcement policy issuance Dear Colleague Letter (DCL-99-19), there is no
Federal mandate under title IV-D of the Social Security Act that requires IV-D
agencies to enforce child support where a custody dispute exists. The State
IV-D agency clearly has discretion not to proceed in providing child-support
enforcement services in cases of disputed custody, even where there is a State
or Federal reciprocity agreement with the country in which the child is located.
b. Additionally, as the United States recognized when
the Hague Child Support Convention was transmitted to the Senate for advice and
consent to ratification:
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"Pursuant to Article 22(a), the public policy
exception, a U.S. competent authority could decline to recognize and enforce
a decision against a left-behind U.S. parent in an abduction case where the
child had been wrongfully taken or retained, on the grounds that recognition
and enforcement of such a decision would be manifestly incompatible with the
U.S. public policy of discouraging international parental child
abduction" - Treaty Doc 110-21, Senate, 110th Congress, 2nd Session
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c. Questions about international child support
enforcement and international parental child abduction should be directed to
CA/OCS/L (ASK-OCS-L@state.gov) for referral to our colleagues at HHS/ACF/OCSE.
d. Under certain circumstances the Federal Parent
Locator Service (FPLS) may be used for enforcing a Federal or State law with
respect to the unlawful taking or restraint of a child or making or enforcing a
child custody or visitation determination. For additional information, see
AT-03-06: "Requests for Information from the Federal Parent Locator
Service for Parental Kidnapping, Child Custody, or Visitation Purposes" (Dec.
22, 2003) and related OCSE Policy Documents. The Office of Children's Issues
(CA/OCS/CI) utilizes the FPLS in order to locate taking parents in the United
States in accordance with 22 U.S.C. 9008(d).
7 FAM 1758 U.S. DEPARTMENT OF STATE
EMPLOYEES
(CT:CON-693; 01-04-2017)
a. 22 CFR 172.2(d) Service of Process Official
Personnel provides:
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"Although the Department 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, and will waive
applicable diplomatic or consular privileges and immunities when the
Department determines that it is in the interest of the United States to do
so."
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b. 2 FAM 511.1b
provides guidance about service of process and garnishment or attachment of
remuneration of an employment of the Department or the Foreign Service. Anyone
receiving legal process for garnishment or attachment of remuneration of an
employment of the Department or the Foreign Service shall promptly forward the
process to the Executive Office of the Office of the Legal Adviser and (L-H/EX)
as explained in 2
FAM 511.1, paragraph b. See also 4 FAH-3
H-547.3, Garnishment, and 3 FAM 4139.9,
Financial Responsibility.
c. Other questions may be directed to the Department
of State, Office of Employee Relations, Conduct, Suitability, and Discipline
Staff (HR/ER).
7 FAM 1759 CHILD SUPPORT AND THE U.S.
MILITARY
(CT:CON-693; 01-04-2017)
a. Interested persons may wish to contact the local
military command or the Judge Advocate Generals Office for the applicable
branch of the military.
b. With the possible exception of the Army, each
military branch maintains a locator service that will provide immediate family
members with location information about a service member. For active duty
members, the address information that the military locator services provide is
the members unit address, which may include an APO (Air/Army Post Office) or
FPO (Fleet Post Office) designation if the member is abroad. For more
information, view the FAQ on Locating Service Members and Getting a Mailing
Address. Additionally, most large military bases maintain legal-assistance
offices. The legal-assistance attorneys duties include helping military
spouses and dependent children obtain the service members military address.
They are not legally required to assist parents who have never been married to
the service member.
c. The Department of Defense Finance and Accounting
Service (DFAS) processes child support garnishments for all branches of the
U.S. Department of Defense (DoD), including the pay for members who are on
active duty, in the reserves, and retired from military service. It also
processes the pay for civilian Department of Defense employees, but does not
process payroll for civilian employees of government contractors working on a
military project. The U.S. Coast Guard is within the U.S. Department of
Homeland Security and not part of the Defense Department; it therefore has its
own payroll processing center. There is a link on the garnishment page that
takes the user to a page with information on child support and alimony,
including frequently asked questions and answers.
d. The U.S. Department of Health and Human Services,
Administration for Children and Families, Office of Child Support Enforcement
(HHS/ACF/OCSE), has material available on its website that is related to
service members and veterans, including A Handbook for Military Families: Helping
You with Child Support; A Trainer's Guide for Working with the Military on
Child-Support Matters; and fact sheets related to military and child support
partnerships, listed under Child Support Core Mission.
e. For problems concerning the use of the Hague
Convention on the Service Abroad of Judicial and Extra-Judicial Documents in
Civil and Commercial Matters (Hague Service Convention) or the Inter-American
Convention on Letters Rogatory and Additional Protocol (Inter-American Service
Convention) to serve process on members of the U.S. military in the United
States or abroad, contact CA/OCS/L. CA/OCS/L will endeavor to coordinate with
the U.S. Department of Justice, Civil Division, Office of Foreign Litigation (DOJ/CIV/OFL),
the U.S. Central Authority for the service of process treaties, known under the
treaties as the Office of International Judicial Assistance, and the Office
of the Assistant Legal Adviser for Private International Law (L/PIL), and
HHS/ACF/OCSE. Depending on the terms of applicable Status of Forces Agreements
(SOFA), the host-country Central Authority under these treaties may or may not
have access to the military base to attempt service. The use of letters
rogatory to attempt service on a member of the U.S. military abroad is not
recommended since this would involve the host-country government, which again
may not have access to the U.S. military base (see 7 FAM 900).
f. Child-support enforcement legal considerations:
(a) American Bar Association (ABA) Service Members Civil
Relief Act;
(b) The Judge Advocate General's Legal Center and School
U.S. Army;
(c) American Bar Association, The Judge Advocate
General's School Guide to the Service Members Civil Relief Act (American Bar
Association 2007);
(d) Service Members Civil Relief Act a Guide for Family
Law Attorneys;
(e) North Carolina State Bar Association Legal
Assistance for Military Personnel, Child Support;
(f) Odom, J., A Judge's Benchbook for the Service Members
Civil Relief Act (2011);
(g) Office of Child Support Enforcement, Applying the
Service Members Civil Relief Act (SCRA) Benchcard (May 15, 2012);
(h) Sexton, Lt. Col. Jeffrey P. and Jonathan Brent,
"Child Custody and Deployments: The States Step in to Fill the SCRA
Gap," The Army Lawyer 9 (Dec. 2008);
(i) Sullivan, Mark, The Military Divorce Handbook,
"Chapter 4, Family Support" (American Bar Association 2nd ed. 2011);
and
(j) Zoop, Protecting Soldiers from Their Spouses: The
Soldiers' and Sailors' Civil Relief Act, Family Advocate, Vol. 23, No. 2 (2000);
(k) Carlson, M.H., United States Perspective on the New
Hague Convention on the International Recovery of Child Support and Other Forms
of Family Maintenance, 43 Fam. L.Q. 21 (2009);
(l) Dehart, G., Comity, Conventions, and the
Constitution: State and Federal Initiatives in International Support
Enforcement, 28 Fam. L.Q. 89, 92-99 (1994);
(m) Office of Child Support Enforcement, IM-16-02: 2008
Revisions to the Uniform Interstate Family Support Act (June 2016);
(n) Pfund, P., The Hague Intercountry Adoption
Convention and Federal International Child Support Enforcement, 30 U.C. Davis
L. Rev. 647, 659 (1997);
(o) Sampson, J., Reporter, with Barry J. Brooks,
"Integrating UIFSA (2008) with the Hague Convention of 23 November 2007 on
the International Recovery of Child Support and Other Forms of Family
Maintenance," 49 Fam. L.Q. 179 (Summer 2015); and
(p) Smith, M.R., "Child Support at Home and Abroad:
Road to the Hague," 43 Fam. L.Q. 37 (2009).
7 FAM Exhibit 1750
Key Resources
(CT:CON-693; 01-04-2017)
CA/OCS Internet International Child-Support Enforcement
legal considerations
CA/PPT Internet Child Support Arrearage Passport Denial
page
HHS/ACF/OCSE website
HHS/ACF/OCSE Foreign Reciprocating Countries page
HHS Intergovernmental Referral Guide (IRG) to U.S. States
2007 Hague Convention on the International Recovery of
Child Support and Other Forms of Family Maintenance
Senate Executive Report 111-2
Treaty Doc 110-21