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Solving Complex Family Law Issues with Creative Strategies

Can You Lose Your Passport If You’re Behind on Child Support? Your Legal Options in California

According to recent Federal announcements, as of May 2026, the U.S. State Department began actively enforcing restrictions on passport restrictions, in some circumstances revoking the passports of Americans who owe more than $2,500 in unpaid child support. This threshold is lower than most people expect, and the impact of a revocation goes far beyond losing your ability to take a trip. Maybe you have a job that requires international travel, or you have family abroad. Losing your passport can create serious, lasting disruptions to your personal life and livelihood.

It’s important to understand what these new enforcement policies mean for you, and what you can actually do about your situation. A California family law attorney can help you make a meaningful difference in how your situation gets resolved. At Moradi Neufer, we can guide you through child enforcement matters to find a resolution and protect your passport.

What Just Changed and How Does It Affect California Parents?

In 1996, Congress passed the Personal Responsibility and Work Opportunity Reconciliation Act, which directs the federal government to deny passports to parents who owe significant child support arrears. However, enforcement remained limited for decades. In practice, the program mostly affected parents who happened to apply for or renew a passport.

As of May 2026, this is changing. The U.S. State Department announced that it would begin proactively revoking the existing passports of parents who owe more than $2,500 in past-due child support. This goes beyond simply denying applications at the time of renewal.

The initial round of revocations will focus on approximately 2,700 passport holders who owe $100,000 or more in child support. The program is expected to expand significantly from there, first to parents with $5,000 or more in child support arrears, and eventually reaching everyone above the $2,500 threshold. Very soon, this change could affect many thousands more parents in California.

This matters especially for California parents because California has one of the largest child support caseloads in the country, and the state charges 10% annual interest on unpaid arrears. If your balance has been sitting for a while, it may be higher than you realize. The program can also affect parents whose payments have fallen behind due to a job loss, medical issue, or a change in income that they have not yet formalized or modified with the court.

What’s different now is not the law itself, but how the government is actively using it in a way it largely didn’t before. As a result, you could get caught by surprise when it applies to you.

The $2,500 Threshold for Denial or Revocation

According to federal law, any parent who owes $2,500 or more in past-due child support is subject to passport denial or revocation. This applies to your total balance across all child support cases and all states where you may owe – not just a single case in California. If you have obligations in more than one state, those balances are combined.

The $2,500 threshold has been in place since 1996 and has never been adjusted for inflation. In today’s terms, this is a relatively modest amount that parents can reach faster than they expect. California imposes a 10% annual interest rate on child support arrears, which means a $10,000 balance accrues $1,000 in interest each year, regardless of whether any new missed payments are added to it.

Once your balance reaches $2,500, your name is certified by the U.S. Department of Health and Human Services (HHS) and transmitted to the State Department. From that point forward, any passport application you submit will be flagged and denied, and – under the new enforcement policy – your existing passport may also be revoked.

There’s no separate hearing or advance notice required before your name is certified by HHS. That means you may not know it’s happened until you apply for a passport and are denied, or until you receive a passport revocation notice by mail or email.

What’s the Difference Between Denial and Revocation?

  1. Denial means you’ve applied for a new passport or submitted a renewal application, and the State Department has refused to issue a passport because your name appears on the HHS certification list. You don’t have a valid passport, and you won’t be issued one until your arrears are resolved and your name is removed from the federal records. Historically, the law has applied mostly to these types of scenarios.
  2. Revocation means that you already hold a valid, unexpired U.S. passport – and the government is voiding your existing passport. Your passport becomes invalid for travel immediately upon revocation, even if it’s years before it would otherwise expire. You’ll receive a notice of revocation from the State Department, but by the time it arrives, your passport will already be no good. You can’t simply continue using it and deal with the debt later. Attempting to travel on a revoked passport can have legal consequences.

The expansion in enforcement as of May 2026 is primarily about revocation. It means the government is no longer waiting for parents to show up to a passport office – it’s reaching out to people who already have passports and canceling them.

Can a Payment Plan Save Your Passport?

The most straightforward way to get a valid passport is to fully pay off your child support arrears. As soon as you pay your full past-due balance, California’s child support enforcement agency will report your payment and updated balance to the federal Office of Child Support Services within the Department of Health & Human Services. From there, HHS will update its records to reflect that your balance has been resolved and remove your name from the certification list. Once the U.S. State Department receives the report from HHS and clears your record, you will become eligible to apply for a new passport.

But many people can’t afford to pay especially large sums all at once, so what happens if you need a payment plan? In some circumstances, entering into and complying with an approved payment arrangement may help resolve certification issues, but eligibility for passport issuance or reinstatement depends on federal and state agency procedures and is not automatically restored merely because a payment plan is established.

This is where an experienced California family law attorney can make a big difference in helping you understand your options and advocating for a solution on your behalf.

  • California has a Debt Reduction Program (formerly the Compromise of Arrears Program, or COAP) that helps parents settle past-due child support owed to the government. While this doesn’t apply to debts owed to your co-parent, it can relieve debts from government-provided cash aid or foster care costs.
  • You may be able to negotiate a settlement with the other parent for a smaller lump sum in exchange for waiving the full amount you owe. This type of agreement requires court approval and evidence to show how much you can really afford.

Ultimately, your ability to have a valid passport depends on information sent by state child support agencies to the State Department. Only the submitting state can request that your name be removed from the Passport Denial Program. This means you will have to resolve the issue with the state of California in accordance with its policies, on a case-by-case basis. If multiple states have certified your name due to child support arrears, you will have to resolve your case and request that your name be removed in each state.

If your financial situation has changed since your child support order was established – either because of job loss, reduced income, a disability, or another qualifying change in circumstances – you may be able to petition the court for a modification to the amount of child support you owe each month. While this won’t erase any existing arrears, it can stop your balance from continuing to grow while you work on paying it down, making full payment more realistic.

How a California Family Law Attorney Can Help

Dealing with a passport denial or revocation on your own is possible, but it’s rarely efficient – and in some cases, trying to navigate the process without legal guidance can cost you time you don’t have. An attorney who handles these types of complex and high-stakes California child support matters can step in at any point – generally, the sooner the better – whether you’re trying to prevent a revocation before it happens or resolve one that’s already been issued.

Immediately, your attorney can help you get an accurate picture of where you stand: how much you owe, which agency holds the debt, and whether your balance has already been certified to HHS. From there, the legal options available to you depend on your specific circumstances.

In addition to modifying your child support order or exploring California’s Debt Compromise Program, your attorney can make a meaningful difference by:

  • Communicating with California’s child support agency on your behalf,
  • Putting together a strong case for emergency travel requests if you have a seriously ill family member abroad or a death in the family,
  • Contesting the amount of your arrears wherever the balance is inaccurate.

Beyond these specific issues, an experienced attorney can help you think through the broader picture. Child support enforcement doesn’t stop with passport revocation. Unpaid arrears can also lead to wage garnishment, bank levies, tax refund intercepts, and liens on your property. Getting ahead of the problem with the right legal guidance puts you in a much better position to work toward a resolution that addresses your situation as a whole.

If you’ve received a revocation notice, you’re concerned that one may be on the way, or you need to apply for a passport with child support arrears, now is the time to seek legal counsel. At Moradi Neufer, we work with California parents at every stage of the child support process – from early enforcement questions to contested modification hearings. Contact our experienced team today to schedule a confidential consultation and find out where you stand.

Common Questions:

1. I owe child support but haven’t received a notice. Could my passport be revoked without me knowing?

It is possible. Because there is no separate hearing or mandatory advance notice required before your name is certified by the Department of Health and Human Services (HHS), you may not realize your status until you receive a formal revocation notice in the mail or attempt to use your passport. If you suspect you have arrears exceeding $2,500, it is proactive to consult with a family law attorney to verify your status.

2. If my passport is revoked, can I continue to use it until I resolve the debt?

No. A revocation renders your passport invalid for travel immediately. You cannot continue using it while you work to pay down your arrears. Attempting to use a revoked passport at an airport or border crossing can lead to serious legal consequences and travel disruptions.

3. If I enter into a payment plan, will the government automatically reinstate my passport?

Not necessarily. While complying with an approved payment arrangement is a critical step, reinstatement of passport eligibility is not always automatic. It depends on the specific procedures of the state child support agency and federal requirements. An experienced attorney can help you navigate these negotiations to ensure that your payment plan is structured in a way that maximizes your chances of regaining passport eligibility.

4. My income has dropped significantly since my child support order was set. Does this protect me from revocation?

A decrease in income does not automatically stop the accrual of arrears, nor does it automatically prevent passport revocation if your balance is over $2,500. However, if your financial circumstances have changed due to job loss, disability, or other factors, you may be able to petition the court for a child support modification. While this won’t erase past debt, it can stop your balance from continuing to grow at the 10% annual interest rate, making it easier to manage.

5. Can I resolve my passport status if I owe child support in more than one state?

Yes, but you must resolve the issue in each state individually. Federal agencies combine your arrears across all states to reach the $2,500 threshold. To have your name removed from the federal certification list, you must work with the child support enforcement agencies in each state where you owe money to satisfy their specific requirements and request that they notify the federal government of your compliance.

6. What should I do if I have a family emergency abroad but my passport is flagged or revoked?

This is a high-stakes situation that requires immediate legal intervention. If you have a legitimate emergency, such as a death in the family or a seriously ill relative abroad, an attorney can help you file for an emergency travel request. Having legal counsel to communicate with the appropriate agencies can significantly expedite the process compared to attempting to handle these complex administrative hurdles on your own.



/ About the Author

Courtney Glickman

Courtney Glickman (Associate)

Courtney Glickman has a unique combination of experience and education that makes her well suited to help clients with complex family law issues involving support issues, child custody, property division, modifications of judgments, and the preparation of premarital agreements.

/ About the Author

Courtney Glickman

Courtney Glickman (Associate)

Courtney Glickman has a unique combination of experience and education that makes her well suited to help clients with complex family law issues involving support issues, child custody, property division, modifications of judgments, and the preparation of premarital agreements.

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