Can I Go On Vacation If I Owe Back Child Support?

Will my vacation be affected by back child support that I owe?

Who doesn’t love to take a little time off to relax and get away from it all? For most, vacationing is a pretty simple process – we take time off from our work, book flights, and make hotel reservations at our ultimate destination. 

And if we’re traveling out of the country? Well, one critical item we’ll need is our passports so that we can travel to and from the foreign countries we will be visiting. Again, pretty simple, right? 

As simple as it sounds, travel can become much more complicated for parents who share a child and are bound by a child support agreement. 

A question that we hear again and again from parents who intend to travel but also owe back child support is, “Am I still allowed to travel if I owe child support?”

As is the case for many legal questions, the answer is, “It depends.” If you intend to travel within the United States, then technically you can go on your vacation. 

Similarly, if you have a valid passport, then you can travel internationally, even if you owe a significant sum of money in unpaid child support. Typically. It really depends on the amount you owe and the circumstances of your case. 

But if your intention is to travel internationally and you need to either apply for a new passport or renew your existing passport, you will likely face restrictions and be unable to travel. 

Who might face travel restrictions if they owe child support?

Are you someone who owes $2,500 or more in unpaid child support? If so, according to the U.S. Department of State, you are not eligible to receive an American passport. 

The best way to avoid travel restrictions is to stay up to date with your child support obligations. 

State and Federal agencies recommend that you pay your child support arrears before applying for your passport in order to keep the process as efficient as possible and avoid potential denials. You can do this by contacting The Oregon Department of Justice Child Support division. 

Remember, the passport application process can often take several weeks or more; if you intend to leave the country at a specific time and you owe payments when you apply, your application may be denied and you will be unable to take your trip, regardless if the trip is for personal or business reasons. 

What do I do if I’ve already applied for a passport but owe unpaid child support?

According to the U.S. Department of State Bureau of Consular Affairs, if you’ve already begun the passport application or renewal process and you own unpaid child support, you should contact the Oregon DOJ Child Support division as soon as possible, so that you can arrange to pay your child support arrears. 

After you’ve made these arrangements with the state, the Oregon DOJ Child Support office will contact the U.S. Department of Health and Human Services to verify your payment.

Once this verification is complete, the U.S. Department of Health and Human Services will remove you from their list and then contact the U.S. Department of State Bureau of Consular Affairs to confirm you’re no longer restricted due to child support arrears. 

The communication between these agencies can take weeks. Only after this is complete will your application for passport approval begin. 

Are there any exceptions to these restrictions?

Depending on the circumstances, it might be possible to seek a resolution to this issue. 

If you owe unpaid child support due to reasons beyond your control, like an injury that prevents you from working, being laid off, or other factors that would cause a significant change in your income, then you should consider petitioning for a child support modification. 

You can learn more about how to begin this process by visiting the state’s website. By and large, the modification process is very similar to the one used to create your original child support agreement, meaning that the Oregon Child Support Program will review your request, verify the change in financial status, and send the proposal to the other parent. 

These proceedings can potentially take months, and won’t necessarily be approved. The court’s intent, as always, is to determine what they feel is best for the child and decide accordingly. The Court will likely frown upon a situation where unpaid child support is owed and travel, regardless of the reason, is given priority. Paying the child support arrears is almost always the best option. 

What else should I know about child support and travel?

Every person’s situation is different. The best way for us to provide you with accurate information and legal counsel is to meet with you for a confidential consultation.

The DBMA team is here to provide you with an unparalleled level of client service in an effort to achieve the results you need. 

If you want to learn more about your legal rights pertaining to child support or other family law matters, please contact our firm today for your appointment.