Federal officials began revoking the U.S. passports of parents who owe $15,000 or more in past-due child support on October 5, according to the San Juan Daily Star. This is the sixth time the threshold has been lowered since May, when the State Department started proactively revoking passports of parents owing $100,000 or more, as reported by PBS NewsHour.
The underlying 1996 federal law allows enforcement against anyone owing more than $2,500, and officials have said they will continue to expand enforcement toward that figure. The change means thousands more parents across the country, including in Rockland County, New York, could face passport revocation, affecting those who travel abroad for work or to visit family.
Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., a New City law firm, notes that the lower threshold leaves far more parents exposed. The firm’s child support lawyer in New City, NY represents parents on all sides of support orders, from initial calculations through modification and enforcement.
For parents who owe back support, the consequences can be severe. Under New York Family Court Act § 451, a court cannot reduce support that accrued before a parent filed a petition to modify the order. This means that missed payments cannot be erased retroactively; a parent who lost a job and did not file for a modification still owes every payment missed since.
However, a change in circumstances may justify a new order. New York generally allows a modification after a substantial change in circumstances, after three years have passed, or when either parent’s income has changed by 15% or more. Even after paying off arrears, a parent must apply for a new passport once payment is confirmed, so trips planned on short notice may be lost.
“Most parents who fall behind on child support aren’t trying to dodge it. They lost income and assumed the order would adjust on its own,” said Paul Goldhamer, founding partner of the firm. “It’s important to understand that the order stands until a court changes it, so the time to act is as soon as your finances change.”
The firm, founded in 1975 by Walter L. Kantrowitz and Paul Goldhamer, has represented individuals and families throughout New York and New Jersey for over 50 years. Goldhamer has spent four decades focused on matrimonial law, guiding clients through divorce, child support, custody, alimony, and property settlement.
For parents with support questions, the firm offers evening and weekend consultations by appointment and can be reached at (866) 971-0927 or through its website.
