Current through all regulations passed and filed through September 16, 2024
(A)
The federal
office of child support enforcement (OCSE) will refer an obligor who has been
submitted for federal income tax refund offset to the United States department
of state (DoS) for passport denial when the arrears of the obligor equal or
exceed twenty-five hundred dollars in accordance with the Deficit Reduction Act
of 2005,
Pub.
L. No. 109-171, 120, Sta. 4 (2005),
42 U.S.C.
652, February 6, 2006.
(B)
Upon receipt of
a passport application from an obligor who has been referred to DoS for a
passport denial, DoS will take the following actions, as appropriate:
(1)
Issue a passport
denial notice to the obligor; or
(2)
Refuse to issue
a passport to the obligor.
(C)
A child support
enforcement agency (CSEA) shall only request the release of the passport of an
obligor that has been denied by DoS under any of the following criteria:
(1)
There is a case
of mistaken identity and the CSEA has verified this
information.
(2)
For leisure travel, the obligor has paid the arrears
in full.
(3)
For employment or business travel:
(a)
The obligor is
required to provide:
(i)
Documentation on company letterhead of current or
prospective employment information, or
(ii)
Information
about funds on deposit in a financial institution for withholding
purposes.
(b)
In addition to the monthly support obligation, the
obligor must pay a lump sum payment that either:
(i)
Pays off all the
arrears;
(ii)
Pays the arrears so that the balance falls below the
passport submission criteria, and the lump sum payment must be equal to at
least one month's obligation; or
(iii)
Pays an amount
that is acceptable by the CSEA but at least equal to one month's
obligation.
(4)
For the
following extenuating circumstances, the CSEA may collect a lump sum payment as
described in paragraph (C)(3)(b) of this rule. In addition, the office of child
support (OCS) within the Ohio department of job and family services may request
a copy of the documentation:
(a)
The reason for travel is a family emergency (i.e.
sickness, life or death circumstances) with supporting documentation that is
accepted by the CSEA; or
(b)
The obligor is a member of the military services whose
passport is being issued by a special issuance agency of DoS and the obligor is
required to travel with the military. The military member or the authorized
representative must provide military travel papers or military
orders.
(D)
When the CSEA
accepts the request from an obligor to reverse the passport denial, the CSEA
shall take the following action(s):
(1)
When the obligor requests the release of the passport
for the reason listed in paragraph (C)(2) of this rule:
(a)
The CSEA shall
take the appropriate action in the support enforcement tracking system (SETS)
to reverse the passport denial;
(b)
The normal time
frame for the release of the passport by DoS under this circumstance is
approximately six to eight weeks.
(2)
When the obligor
requests the release of the passport for the reason listed in paragraph (C)(3)
of this rule:
(a)
The CSEA shall prepare a federal notice of withdrawal
of passport, which is available from the OCS passport
coordinator;
(b)
The CSEA shall provide the OCS passport coordinator a
copy of the notice of withdrawal and supporting documentation, and provide the
obligor a copy of the notice of withdrawal. OCS will take the appropriate
action in SETS to reverse the passport denial;
(c)
The time frame
to release the passport by DoS under this circumstance is approximately one to
three weeks.
(3)
When the obligor requests the release of the passport
for the reasons listed in paragraphs (C)(1) and (C)(4) of this rule:
(a)
The CSEA shall
prepare a federal notice of withdrawal of passport, which is available from the
OCS passport coordinator;
(b)
The CSEA shall provide the OCS passport coordinator a
copy of the notice of withdrawal and supporting documentation, and provide the
obligor a copy of the notice of withdrawal. OCS will take the appropriate
action in SETS to reverse the passport denial.
(c)
The time frame
to release the passport by DoS under this circumstance is approximately three
to five business days.
(E)
Should OCS
determine that the requirements of this rule have not been met, OCS will
contact the CSEA to obtain more information concerning the passport release.
OCS may reverse the action taken by the CSEA when the requirements of this rule
are not met.
Replaces: 5101:12-50-34
Effective: 1/1/2015
Five Year Review (FYR) Dates:
01/01/2020
Promulgated
Under: 119.03
Statutory
Authority: 3125.25
Rule
Amplifies: 3125.03,
3125.25
Prior
Effective Dates: 11/9/81, 6/10/82 (Emer), 9/13/82, 5/1/86 (Emer), 7/20/86,
11/1/86, 12/20/88, 3/18/89, 8/9/90, 4/1/91, 11/1/91, 7/1/92, 2/11/93, 9/1/94,
11/1/94, 1/1/96, 8/1/98, 5/1/01, 4/11/03, 7/1/06,
9/1/09
