CHILD SUPPORT ENFORCEMENT ABROAD
DISCLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS PROVIDED FOR GENERAL INFORMATION ONLY AND MAY NOT BE TOTALLY ACCURATE IN A PARTICULAR CASE.
This is an official U.S. Government source. Inclusion of non-U.S. Government links does not imply endorsement of contents.
FREQUENTLY ASKED QUESTIONS
Q. WHAT COUNTRIES DOES THE UNITED STATES HAVE CHILD SUPPORT ENFORCEMENT AGREEMENTS WITH AT PRESENT?
Q. WHICH U.S. STATES HAVE CHILD SUPPORT ARRANGEMENTS WITH WHICH FOREIGN COUNTRIES?
Q. HOW CAN A U.S. PASSPORT BE DENIED TO A PERSON OBLIGED TO PAY CHILD SUPPORT?
Q. HOW CAN A FOREIGN CHILD SUPPORT ORDER BE ENFORCED IN THE UNITED STATES?
INTERNATIONAL CHILD SUPPORT - A PRIORITY
Child support enforcement is a high priority for the United States Government . The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( PRWORA ), as amended, strengthened and improved child support collection activities. When one parent is in a foreign country, finding a way to enforce a U.S. child support order overseas can be a daunting prospect. This U.S. Department of State, Bureau of Consular Affairs home page feature walks you through the process step-by-step. We welcome your feedback on the usefulness of this material and your suggestions for ways to improve it.
FINDING YOUR WAY THROUGH THE PROCESS
Click on the topics below for step-by-step information on international child support enforcement.
WHAT'S NEW IN CHILD SUPPORT ENFORCEMENT
U.S. FEDERAL INTERNATIONAL CHILD SUPPORT AGREEMENTS
INDIVIDUAL STATE INTERNATIONAL CHILD SUPPORT ARRANGEMENTS
OBTAINING SUPPORT ENFORCEMENT THROUGH THE EMPLOYER
HOW OTHER INTERNATIONAL AGREEMENTS MAY HELP
ENFORCING A FOREIGN CHILD SUPPORT ORDER IN THE U.S.
WHAT’S NEW IN CHILD SUPPORT ENFORCEMENT?
- New U.S. International Agreements on Child Support: Section 459A of the Social Security Act ( 42 U.S.C. 659A (1996) ) authorizes the Department of State and the Department of Health and Human Services to enter into agreements with foreign countries for child support enforcement . On May 19, 2000, the Department of State issued a Public Notice in the Federal Register (Vol. 65, Number 98, Page 31953) regarding progress in this area. Additional notices will continue to update this information as new agreements are completed. The United States is also participating in the Hague Conference on Private International Law’s work to achieve a new multilateral treaty on child support enforcement.
- New Measures in Criminal Law: Federal and state prosecutors are finding new ways to use criminal measures to pursue individuals in arrears for child support enforcement. The U.S. Department of Justice, Criminal Division’s Child Exploitation and Obscenity Section has interesting news about the implementation of the Deadbeat Parents Punishment Act also known as the Child Support Recovery Act of 1992 ( 18 USC 228 ) and how states are using criminal remedies successfully. The Act creates a Federal offense for (1) travelling in interstate or foreign commerce with the intent to evade a child support obligation, if the obligation has remained unpaid for longer than 1 year or is greater than $5,000, and (2) the willful failure to pay a past due child support obligation for a child who resides in a state other than that in which the non-custodial parent resides, if the obligation has remained unpaid for longer than 1 year or is greater than $5,000; the willful failure to pay a past due obligation may qualify as a felony if it has remained unpaid for longer than 2 years or is greater than $10,000. See also "Child Support Reform in Action: New Strategies and New Frontiers in Massachusetts" for insight into state activities.
- New Aggressive Measures to Obtain Child Support Enforcement: Even if the parent owing child support is outside the United States, there are many new aggressive measures available under U.S. law which may help your local child support enforcement office obtain support. New U.S. child support enforcement measures which may impact non-U.S. residents are explained in detail the U.S. Department of Health and Human Services (HHS) Child Support Steps Fact Sheet and Child Support Enforcement Handbook .
A parent can be required to pay child support by income withholding. Overdue child support can be collected from federal and state income tax refunds. Liens can be put on property, and the property itself may even be sold with the proceeds used to pay child support arrearages. Unpaid child support should be reported automatically to credit reporting bureaus. Drivers, professional, occupational and recreational licenses can be suspended if the obligated parent is not paying support as required. State child support enforcement agencies are entering into agreements with financial institutions to compare data about child support obligors, and are able to freeze accounts of people who are identified as owing child support. See our extensive discussion about obtaining support enforcement through the employer.
- Child Support Payments and Getting a U.S. Passport: The Passport Denial Program denies U.S. passports to parents certified by the U.S. Department of Health and Human Services to be in arrears in excess of $5,000 of child support payments. Since the The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193 was implemented jointly by HHS and the Department of State in 1996, HHS reports it has collected more than $4 million dollars in lump sum child support payments and currently 30 to 40 passports are denied per day.
GETTING STARTED
Q. WHERE DO I GO TO GET HELP IN TRYING TO ENFORCE A CHILD SUPPORT OBLIGATION INVOLVING A RESIDENT OF THE U.S. AND A RESIDENT OF A FOREIGN COUNTRY?
A. The first step for U.S. residents seeking international child support enforcement is to contact your local child support office . 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 Service’s U.S Federal Child Support Enforcement program. Although addresses, phone numbers and web pages for state child support agencies are available here, contact information for state agencies changes regularly. You may wish to contact your state child support enforcement office via the Internet or check the address feature of the U.S. Department of Health and Human Services, Office of Child Support Enforcement (OCSE)'s Online Interstate Resource Guide . If you do not have access to the Internet at home or at work contact your local public library.
The U.S. Child Support Enforcement Program is a Federal/State/local partnership. Each State in the United States runs a child support program, either in the human services department, department of revenue, or district attorneys office, often with the help of prosecuting attorneys, other law enforcement agencies, and officials of family or domestic relations courts. U.S. local child support offices can provide information about Federal international support agreements and state-level arrangements with foreign countries, as well as about the increasing variety of aggressive techniques now available to pursue enforcement in the U.S. and abroad, including garnishment of wages and federal income tax refunds, revocation of licenses, direct contact with foreign employers, criminal enforcement proceedings, etc.
U.S. FEDERAL INTERNATIONAL CHILD SUPPORT AGREEMENTS
Q. WHAT COUNTRIES DOES THE UNITED STATES HAVE CHILD SUPPORT ENFORCEMENT AGREEMENTS WITH AT PRESENT?
A. Since 1996, when Congress for the first time specifically authorized federal-level agreements regarding child support enforcement, the United States has entered into a number of reciprocal agreements, which do not require U.S. Senate advice and consent. Currently, the U.S. has Federal reciprocal arrangements in force with Australia, Canadian provinces of Alberta, British Columbia, Manitoba, New Branswick, Newfoundland/Labrador, Nova Scotia, Ontario; Czech Republic, Ireland, Netherlands, Norway, Poland, Portugal, Slovak Republic. On May 19, 2000, the Department of State issued a Public Notice in the Federal Register (Vol. 65, Number 98, Page 31953) regarding international child support.
Q. WHAT IS THE AUTHORITY FOR U.S. FEDERAL CHILD SUPPORT AGREEMENTS?
A. Section 459A(a) of Title IV-D of the Social Security Act ( 42.USC 659A(a) ) provides that the Secretary of State, with the concurrence of the Secretary of Health and Human Services, is authorized to "declare any foreign country (or a political subdivision thereof) to be a foreign reciprocating country if the foreign country has established, or undertakes to establish, procedures for the establishment and enforcement of child support owed to persons who are residents of the United States, and such procedures are substantially in conformity with the standards prescribed under subsection (b)."
Q. IS THE UNITED STATES PURSUING NEGOTIATIONS ON CHILD SUPPORT AGREEMENTS WITH OTHER COUNTRIES?
A. The U.S. has held discussions with over 30 countries since 1997. Negotiations are continuing with many of those countries at this time. Agreements in principle have been reached with Australia , the Netherlands, and Norway and procedures for finalizing these agreements are underway. The Department of State's Office of the Legal Adviser for Private International Law and the Department of Health and Human Services' Office of Child Support Enforcement are proceeding with negotiations with a number of other countries.
Q. HOW DO THE DEPARTMENTS OF STATE AND HEALTH AND HUMAN SERVICES DETERMINE THAT A FOREIGN COUNTRY MAY BE DECLARED A FOREIGN RECIPROCATING COUNTRY FOR THE PURPOSES OF 42 U.S.C. 659A ?
U.S. law ( 42 U.S.C. 659A ) requires that a reciprocating country have procedures which are available to residents of the United States. These include procedures for:
- Establishing paternity
- Establishing support orders
- Enforcement of support orders
- Collection and distribution of payment under support orders
- Providing administrative and legal assistance where necessary without cost to the United States resident, and
- Establishing a "Central Authority" to facilitate implementation of support enforcement in cases involving residents of the U.S.
Q. WHAT IS THE TEXT OF THE ARRANGEMENT BETWEEN THE UNITED STATES AND RECIPROCATING COUNTRIES?
The text for agreements already in force is not yet available on line, but is under construction. As each agreement becomes available here, you will be able to select the individual country or province listed below to access that information.
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Q. WHO IN THE DEPARTMENT OF STATE IS AUTHORIZED TO DECLARE A FOREIGN COUNTRY TO BE A RECIPROCATING COUNTRY UNDER 42 U.S.C. 659A .
A. On September 5, 1997, the Acting Secretary of State delegated authority to the Department of State Legal Adviser and the Assistant Secretary for Consular Affairs with regard to declaration of foreign countries to be reciprocating countries under 42.U.S.C. 659A . The authority of the Secretary of Health and Human Services to concur with declarations proposed by the Department of State has been delegated along with other child support program management authorities to the Assistant Secretary for Children and Families. HHS' concurrence is required before any declaration of a foreign reciprocating country can be made.
Q. WHAT IS THE ROLE OF THE U.S. CENTRAL AUTHORITY FOR INTERNATIONAL CHILD SUPPORT IN INTERNATIONAL CASES?
A. Located in the Department of Health and Human Services' Office of Child Support Enforcement, the United States Central Authority for International Child Support is responsible for facilitating support enforcement in cases involving U.S. residents and residents of foreign reciprocating countries pursuant to 42 USC 659A . However, the preparation of petitions, requests for hearings, and other case management activities are the responsibility of the state child support agency in the state of the U.S. resident involved in the child support case.
The U.S. Central Authority at HHS works with the Department of State, the individual states, international organizations, and foreign governments to improve international child support procedures and cooperation. Bilingual forms are being developed by the U.S. Central Authority in a number of languages in cooperation with the U.S. Department of State, states, the International Relations Committee of the National Child Support Enforcement Association , and with interested foreign countries. The U.S. Central Authority provides general oversight, assistance, and coordination activities regarding international child support. You can contact the U.S. Central Authority by writing to Stephen Grant, Director, U.S. Central Authority for International Child Support, Office of Child Support Enforcement, U.S. Department of Health and Human Services, 4 West Aerospace Building, 370 L'Enfant Promenade SW, Washington, DC 20447 or by phone: 202-260-5943, fax: 202-402-5529, or email to ocseinternational@acf.dhhs.gov.
Q. HOW CAN A PARENT SEEKING CHILD SUPPORT ENFORCEMENT FROM A FOREIGN RECIPROCATING COUNTRY GO ABOUT APPLYING FOR ENFORCEMENT?
A. In the United States, individual state child support offices are responsible for providing the child support services within the state and for cooperating with other states and foreign reciprocating countries. The state child support office or "IV-D agency" will manage the establishment and enforcement of child support obligations in accordance with Federal, state, and local laws. Any parent who needs help in establishing or enforcing a child support obligation, regardless of where the person who is obliged to pay child support resides, should apply for services at the state child support agency in the individual states . Contacts for the state Central Registry can be found in the address function of OCSE’s Online Interstate Resource Guide . If you do not have ready access to the Internet, contact your local public library for assistance in obtaining information from the U.S. HHS Office for Child Support Enforcement's web site.
Q. HOW CAN A FOREIGN RECIPROCATING COUNTRY SEEKING TO ENFORCE A FOREIGN CHILD SUPPORT ORDER IN THE UNITED STATES APPLY FOR ASSISTANCE?
A. A foreign reciprocating country's Central Authority will send petitions to the child support agency in the U.S. state of residence of the person obliged to pay child support. States have enacted uniform interstate laws that greatly reduce the barriers to collecting child support across State lines and end the creation of multiple support orders. Each state or other jurisdiction in the U.S. has child support enforcement laws based on the Uniform Interstate Family Support Act . The U.S. state will provide enforcement services as if the request were from another state of the U.S. If the state of residence of the person who is obliged to pay child support is not known, a foreign reciprocating country may contact the U.S. Central Authority, which will use the Federal Parent Locator Service to attempt to determine a state of residence for the person who is obliged to pay child support to which petitions may be forwarded.
Q. WHERE CAN I FIND INFORMATION ABOUT THE CENTRAL AUTHORITIES OF FOREIGN COUNTRIES WITH WHICH THE U.S. HAS FEDERAL OR STATE RECIPROCAL ARRANGEMENTS FOR CHILD SUPPORT ENFORCEMENT?
A. The contacts for the Central Authorities of Federal-level reciprocating countries are:
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Czech Republic
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INDIVIDUAL U.S. STATE CHILD SUPPORT ARRANGEMENTS
Q. THE U.S. DOES NOT HAVE A FEDERAL INTERNATIONAL CHILD SUPPORT AGREEMENT WITH THE COUNTRY WHERE THE PERSON WHO IS OBLIGED TO PAY CHILD SUPPORT IS LOCATED. ARE THERE ANY OTHER ARRANGEMENTS AVAILABLE TO ASSIST WITH ENFORCEMENT?
A . Even if there is not a Federal-level agreement for child support enforcement, there may be a state-level arrangement with the country. Individual states have some form of reciprocal arrangement with a number of different countries. Such state-level arrangements may not be as comprehensive in services provided as the Federal-level agreements, however. Not all states have similar arrangements with all countries. In addition, there are a number of multilateral international agreements that may help. While most of these multilateral international agreements are not in force for the United States, their existence can still prove useful in international child support cases. If a country is a party to one of these agreements, your attorney or state child support office may wish to consider referring to this fact when approaching the foreign country or foreign employer for assistance. This collegial approach, appealing to the spirit of comity, can be helpful.
Q. WHAT IS THE AUTHORITY FOR SUCH STATE-LEVEL RECIPROCAL ARRANGEMENTS WITH FOREIGN COUNTRIES?
A. Federal law provides that "States may enter into reciprocal arrangements for the establishment and enforcement of support obligations with foreign countries that are not the subject of a declaration pursuant to subsection (a), to the extent consistent with Federal law" ( 42 U.S.C. 659A(d) . The Uniform Interstate Family Support Act (in each State the law which governs interstate child support enforcement) provides in section 101(19) that the term "State" includes a foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders which are substantially similar to the procedures of state law. See also Nash, Foreign Child Support Judgments: Declarations of Reciprocity by States, Digest of United States Practice in International Law 1980, Office of the Legal Adviser, U.S. Department of State, 499,502 (1986) and Pfund, Child Support Orders: Arrangements for Enforcement, Cumulative Digest of United States Practice in International Law, 1981-1988, Vol. III, U.S. Department of State, Office of the Legal Adviser, 3695-3697 (December 1995)..
Q. WHICH U.S. STATES HAVE CHILD SUPPORT ARRANGEMENTS WITH WHICH FOREIGN COUNTRIES?
A. Contact your state child support agency to find out about the existence and provisions of a state-level arrangements with a specific foreign country. You can also find whether your state has a state-level arrangement with a specific foreign country by going to U.S. Department of Health and Human Services, Office of Child Support Enforcement (OCSE) Online Interstate Roster and Referral Guide (IRG) and selecting your state from the map, then going to section C "Reciprocity."
The information contained below, drawn from the individual state reports, may not be entirely accurate as state reciprocal arrangements change without notice. It is wise to consult the most up-to-date information, which is available on the HHS home page.
Alabama: Ireland, Slovakia.
Alaska: Australia , Canada (only the following provinces: Alberta, Manitoba, New Brunswick, Newfoundland, Nova Scotia, Ontario, Saskatchewan and Yukon Territory), England, Germany, Ireland, Mexico, Norway, Poland, Sweden.
Arkansas: Canada (all provinces), Germany, Ireland, Poland, United Kingdom .
Arizona: Australia , Canada ( including provinces of Alberta, British Columbia, Manitoba, New Brunswick , Ontario, Prince Edward Island and Saskatchewan); France, Germany, Ireland, Mexico, Netherlands, Norway, Poland, Sweden, United Kingdom , British Virgin Islands.
California: Australia , Austria, Bermuda, Canada (all provinces), Czech Republic, Fiji, Finland, France, Germany, Hungary, Ireland, Mexico, New Zealand , Norway, Poland, Republic of South Africa, Slovak Republic, Sweden, United Kingdom .
Colorado: Australia , the following provinces in Canada : (Alberta, British Columbia, New Brunswick, Ontario, Saskatchewan and the Yukon Territory), France, Germany, Ireland, Mexico, Norway, Poland and the United Kingdom .
Connecticutt: Australia ; Bermuda; Canadian Provinces: (Alberta, Nova Scotia, British Columbia, Ontario, Manitoba, Saskatchewan, New Brunswick); France; Germany; Hungary; Ireland; Mexico (the following 27 of 32 states: Aguascalientes, Nayarit, Baja California, Nuevo Leon, Campeche, Puebla, Chiapas, San Luis Potosi, Chihuahua, Queretaro, Coahuila, Quintana Roo, Colima, Sonora, Distrito Federal, Tabasco, Guanajuato, Tamaulipas, Guerrero, Tlaxcala, Hidalgo, Veracruz, Jalisco, Yucatan, Michoacan, Zacatecas, Morelos); Norway; Poland; Slovak Republic; United Kingdom ..
Delaware: Australia , Canada (the following provinces in Canada , Manitoba, New Brunswick, Nova Scotia, Ontario, Saskatchewan, Yukon; England, and Germany.
District of Columbia: None.
Florida: Australia , Austria, Bermuda, Canada (including Alberta, Manitoba, New Brunswick, Newfoundland/Labrador, Northwest Territories, Nova Scotia, Ontario, Prince Edward Island, Quebec, Saskatchewan, Yukon Territory), Czech Republic, France, Germany, Hungary, Ireland, Jamaica, Norway, Poland, Slovak Republic, South Africa, Sweden, United Kingdom .
Georgia: Australia , Canada (the provinces of British Columbia, Manitoba, Alberta, Nova Scotia, Ontario, Saskatchewan), Germany, Hungary, Norway, Poland, Sweden, and the United Kingdom .
Hawaii: Australia , Germany and United Kingdom.
Idaho: Australia , Austria, Bermuda, Canada (all provinces), Czech Republic, Fiji, Finland, France, Germany, Hungary, Ireland, Mexico (Referrals/Payments thru Consulate of Utah or California), New Zealand , Norway, Poland, Republic of South Africa, Slovak Republic, Sweden and the United Kingdom
Illinois: Australia , Austria, Bermuda, Canada (all provinces), Columbia, Czech Republic, Denmark, Fiji, Finland, France, Germany, Hungary, Ireland, Israel, Jamaica, Mexico, New Zealand , Northern Ireland , Norway, Poland, Scotland, Slovak Republic, South Africa, Sweden and United Kingdom.
Indiana: Australia , Canada (provinces of Saskatchewan, New Brunswick, Ontario, Newfoundland and Labrador), Norway, Sweden, Poland, and the United Kingdom.
Iowa: Australia , Canadian Provinces (Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland/Labrador, Nova Scotia, Northwest Territories, Ontario, Quebec, Saskatchewan, Yukon Territories), France, Germany, Ireland, Jamaica, Poland, Scotland, Slovak Republic, Sweden, and the United Kingdom.
Kansas: None
Kentucky: , Australia , Bermuda, Canada (all provinces), Czech Republic, Hungary, France, Germany, Jamaica, Mexico, New Zealand , Poland, Republic of South Africa, Slovak Republic, Sweden and the United Kingdom.
Louisiana: Australia , Canada (provinces of Ontario, Alberta, Manitoba and Saskatchewan, France, Germany, Hungary, Ireland Poland, and United Kingdom .
Maine: Canada (provinces of Newfoundland, Labrador, and Quebec), Germany, Sweden, and United Kingdom .
Maryland: Australia , Canada (Provinces of Edmonton Alberta, Winnepeg Manitoba, Frederickton New Brunswick, St. John's Newfoundland , Halifax Nova Scotia , Toronto Ontario, Charlottetown Prince Edward Island, Saskatchewan, Yukon Territory) , France, Ireland, Heidelberg Germany, Berlin Germany, Hungary, Jamaica, Poland, Sweden and United Kingdom.
Massachusetts: Austria, Canada (provinces of Quebec), Germany, Norway, Sweden, and the United Kingdom .
Michigan: Canada (provinces of Alberta, British Columbia, Manitoba, Nova Scotia, New Brunswick, Newfoundland, Labrador, Ontario, Prince Edward Island), France and Germany.
Minnesota: Australia , Austria, Canada : (provinces of Alberta, British Columbia, Manitoba, New Brunswick, Nova Scotia, Ontario, Prince Edward Island, Saskatchewan and Yukon Territories), Czech Republic, Germany, Ireland, Jamaica, Mexico, Norway, Poland, Sweden, and the United Kingdom .
Mississippi: Canada (provinces of Manitoba, Saskatchewan), Czech Republic, Ireland, Slovak Republic and Sweden.
Missouri: Australia , Austria, Canada (provinces of Alberta, New Brunswick, Northwest Territory, Ontario and Saskatchewan), Czech Republic, France, Germany, Hungary, Micronesia, Poland, Slovak Republic and United Kingdom.
Montana: All Canadian provinces and all countries with which the U.S. has federal agreements.
Nebraska: Australia , Canada (provinces of British Columbia, Manitoba, Nova Scotia, Ontario, Saskatchewan), Czech Republic, France, Germany, Hungary, Poland, and the Slovak Republic..
Nevada: Austria, Canada (provinces of Alberta, Saskatchewan, Manitoba, British Columbia, Ontario, Nova Scotia), Czech Republic, France, Germany, Hungary, Ireland, Mexico, Norway, Poland, Slovak Republic and the United Kingdom .
New Hampshire: None.
New Jersey: Australia , Bermuda, Canada (provinces of Alberta, Labrador, Manitoba, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Ontario, Quebec, Saskatchewan, Yukon Territory), Czech Republic, Finland, France, Germany, Hungary, Ireland, Jamaica, Mexico, Norway, Poland, Slovak Republic, South Africa, United Kingdom .
New Mexico: Austria, Canada (provinces of Alberta, Saskatchewan, Manitoba, British Columbia, Ontario,- Nova Scotia), Czech Republic, Germany, Hungary, Ireland, Mexico, Norway, Poland, Slovak Republic, and the United Kingdom .
New York: Australia , Austria, Canada (all provinces), Czech Republic, Germany, Greece, Hungary, Ireland, Mexico, Norway, Poland, Slovak Republic, Sweden, United Kingdom .
North Carolina: Australia , Canada (provinces of Saskatchewan, Manitoba, Newfoundland, Alberta, Ontario, New Brunswick, and Nova Scotia), Germany, Hungary, Ireland, Poland, Sweden, and the United Kingdom , ,
North Dakota: Australia , Canada (provinces of Alberta, British Columbia, Manitoba, Ontario, Quebec, Saskatchewan, Yukon Territory), France, Germany, Mexico, Norway, Poland, Sweden and United Kingdom.
Ohio: Australia , Austria, Canada (all provinces, except Nunavit), Czech Republic, France, Germany, Hungary, Ireland, Mexico, New Zealand , Poland, Slovak Republic, Sweden and United Kingdom
Oklahoma: Australia , Canada (provinces of Alberta, New Brunswick, Ontario, Quebec, Saskatchewan), Czech Republic, Germany, Sweden, United Kingdom , .
Oregon: Australia , Canada (provinces of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Ontario, Prince Edward Island, Quebec, Saskatchewan, Yukon Territory), Czech Republic, Denmark, Finland, France, Germany, Hungary, Jamaica, Micronesia, Norway, Poland, Slovak Republic, Switzerland, United Kingdom and British Virgin Islands.
Pennsylvania: Australia , Canada (provinces of British Columbia, Manitoba, New Brunswick, Nova Scotia, Ontario, Quebec and Saskatchewan), France, Germany, United Kingdom , Sweden, Ireland, .
Rhode Island: All countries with which the U.S. has federal agreements.
South Carolina: None
South Dakota: Australia , Canada (provinces of Ontario, New Brunswick, Territory of Nunavut, Yukon, Manitoba, Newfoundland, Labrador, Northwest Territories, Nova Scotia, Saskatchewan,), Czech Republic, France, Germany, Hungary, Ireland, Mexico, Norway, Poland, Slovak Republic, Sweden, United Kingdom .
Texas: Austria, Australia , Canada (provinces of Alberta, Manitoba, New Brunswick, Northwest Territories, Nova Scotia, Ontario, Saskatchewan, and the Yukon Territory), Czech Republic, Germany, Hungary, Mexico, Norway, Poland, Sweden, and the United Kingdom .
Utah: Canada (provinces of Alberta, British Columbia, Manitoba, Ontario, Quebec, Saskatchewan, Yukon Territory), France, Germany, Mexico, Norway, Poland, United Kingdom.
Vermont: Vermont has no official arrangements with foreign countries.
Virginia: Australia , Austria; Canada (provinces of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland/Labrador, Northwest Territories, Nova Scotia, Ontario, Prince Edward Islands, Quebec, Saskatchewan, Yukon Territory), Czech Republic, France, Germany, Hungary, Poland, Scotland, Sweden, United Kingdom, and Zimbabwe.
Washington State: Austria, Australia , Bermuda, Canadian Provinces of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland, Labrador, Nova Scotia, NW Territories, Ontario, Prince Edward Islands, Quebec, Saskatchewan; Czech Republic, Fiji, France, Germany, Hungary, Jamaica, Mexico, New Zealand , Norway,Poland, Slovak Republic, Sweden and the United Kingdom .
West Virginia: Not Available.
Wisconsin: Australia , Austria, British West Indies (pending), Canada (provinces of Alberta, British Columbia, Manitoba, New Brunswick, Northwest Territories (pending), Nova Scotia (pending), Ontario, Prince Edward Island (pending), Quebec (pending), Saskatchewan, Yukon Territory, Newfoundland and Labrador), Denmark, France, Germany, Hungary, Ireland (pending), Mexico (all states except Durango, Mexico, Oaxaca, Sinalos) New Zealand , Nigeria (pending), Norway, Palau (pending), Poland, Sweden, and the United Kingdom .
Wyoming: None
Q. WHERE CAN I FIND FOREIGN CONTACT INFORMATION FOR FOREIGN COUNTRIES WITH WHICH INDIVIDUAL U.S. STATES HAVE RECIPROCAL CHILD SUPPORT ARRANGEMENTS?
LOCATING THE PARENT OVERSEAS
Q. HOW CAN I LOCATE AN ABSENT PARENT OWING CHILD SUPPORT WHO MAY BE OVERSEAS?
A. Contact your local child support agency which has access to a variety of sources for assistance in locating the absent parent , including state, Federal ( Federal Parent Locator Service , 42 USC 653 ) and some foreign reciprocating countries location resources.
Q. HOW DO I REQUEST INFORMATION FROM U.S. EMBASSY RECORDS TO TRY TO LOCATE A U.S. CITIZEN ABROAD WHO IS OBLIGED TO PAY CHILD SUPPORT?
A. Consular sections in U.S. embassies and consulates can respond to requests from your local child support agency for information from consular registration records regarding U.S. citizen parents registered with the U.S. embassy or consulate. Information regarding the whereabouts of U.S. citizens abroad contained in Department of State passport records or U.S. embassy or consulate registration records abroad is protected by the Privacy Act. For consideration of a request for release of such information from U.S. embassy or consulate registration records, the state child support enforcement office must submit a written request to the Consular Section, American Citizens Services Unit of the nearest U.S. embassy or consulate, or to the U.S. State Department, Overseas Citizens Services, Office of Policy Review and Interagency Liaison (CA/OCS/PRI), Room 4811A, 2201 C Street, N.W., Washington, D.C. 20520, tel: 202-647-3666, citing the specific law being enforced for which release of information is being requested under the law enforcement provisions of the Privacy Act . Requests cannot be made by individuals, only by state enforcement agencies.
Q. HOW DO I REQUEST INFORMATION FROM U.S. PASSPORT FILES TO LOCATE A MISSING PARENT ABROAD WHO OWES CHILD SUPPORT?
A. Information regarding the whereabouts of U.S. citizens abroad contained in Department of State passport records is protected by the Privacy Act. Child Support Enforcement Agencies may submit requests for information from U.S. passport records to the U.S. Department of State, Office of Passport Services, Research and Liaison Branch (CA/PPT/TD/RL), Suite 510, 1111 19th Street, N.W., Washington, D.C. 20522-1705. Requests must be made in writing citing the specific law being enforced for which release of information is being requested under the law enforcement provisions of the Privacy Act . Requests cannot be made by individuals, only by state enforcement agencies.
Q. CAN THE U.S. EMBASSY FIND A MISSING PARENT WHO OWES CHILD SUPPORT?
A. Because we must dedicate our limited consular staff to handling critical emergencies of Americans abroad, such as deaths, arrests, medical evacuations, and disasters, we are not in a position to conduct actual searches for U.S. citizens owing child support who are not registered with the embassy or consulate. The U.S. embassy or consulate can provide you with a list of foreign attorneys who may be able to direct you to local private investigators.
OBTAINING SUPPORT ENFORCEMENT THROUGH THE EMPLOYER
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U.S.-BASED PRIVATE EMPLOYER
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FOREIGN-BASED EMPLOYER
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U.S. MILITARY EMPLOYER
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U.S. DEPARTMENT OF STATE EMPLOYER
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OTHER U.S. FEDERAL AGENCY EMPLOYER
Q. THE PARENT OWING CHILD SUPPORT WORKS OVERSEAS FOR A PRIVATE U.S.-BASED COMPANY. WHAT CAN BE DONE TO OBTAIN ENFORCEMENT?
A. If the person owing the child support is employed abroad for a U.S.-based company, current child support enforcement laws provide a number of steps to obtain enforcement. Contact your local state child support agency for details.
Q. WHAT CAN BE DONE IF THE PARENT OBLIGED TO PAY CHILD SUPPORT WORKS ABROAD FOR A FOREIGN-BASED EMPLOYER, WITH NO U.S. AFFILIATION?
A. Where there is a reciprocal arrangement, the foreign child support agency or Central Authority will help enforce a U.S. support obligation. Contact your local state child support agency for details. If there is no reciprocal arrangement, state child support offices advise they have found it useful to pursue other possible avenues to attempt to collect child support from the person in the foreign country. One example is for the state child support enforcement agency to contact the individual’s foreign employer, including the president of the company, providing authenticated, translated copies of outstanding court orders, warrants, etc. Business directories such as Standard and Poors , Dunn & Bradstreet or similar publications may provide resource information concerning addresses of the corporate headquarters of foreign companies. Contact your state child support office for guidance on this process. Also, certain domestic enforcement measures may be effective even if the person who is obliged to pay child support works abroad.
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CASEWORKER'S GUIDE CHILD TO SUPPORT ENFORCEMENT & THE MILITARY
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GARNISHMENT OF WAGES
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JUDGE ADVOCATE GENERAL'S OFFICE
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SERVICE OF PROCESS
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MILITARY PERSONNEL LOCATOR SERVICE
Q. HOW CAN I OBTAIN ENFORCEMENT OF A CHILD SUPPORT ORDER AGABCIST AN EMPLOYEE OF THE U.S. MILITARY ABROAD, OR A U.S. MILITARY RETIREE ABROAD?
A. If the parent from whom you are seeking child support is an employee of the U.S. military abroad or a U.S. military retiree abroad, contact your local child support office for assistance in coordinating with the appropriate U.S. military offices. There are a variety of resources for information about child support enforcement and the military. For general guidance, see the U.S. Department of Health and Human Service, Office of Child Support Enforcement’s A Caseworker’s Guide to Child Support and the Military . You also can contact the U. S. Department of Health and Human Services, Office of Child Support Enforcement's Military Liaison, Marilyn Michaels, at 808-692-7139.
Q. WHERE CAN I FIND OUT MORE ABOUT THE PROCEDURES FOR GARNISHMENT OF WAGES OF A PARENT IN THE U.S. MILITARY?
A. The U.S. Department of Defense, Defense Finance and Accounting Service (DFAS) has a web site available with a specific fact sheet about Garnishment , a Frequently Asked Questions feature about Garnishment and a Garnishment Index .
Q. WHERE CAN I FIND OUT MORE ABOUT CHILD SUPPORT ENFORCEMENT AND THE MILITARY?
A. Contact the Judge Advocate General’s Office for the applicable branch of the military via general information at the Pentagon, tel: (703) 545-6700. See also the webpages for the Judge Advocate General's Office for the Air Force , Army , and Navy and the Department of Defense Office of General Counsel . It may also be helpful to review "A Guide to Child Support Enforcement Against Military Personnel", (February 1996), Administrative and Civil Law Department, Legal Assistance Branch, The Judge Advocate General’s School, U.S. Army , Charlottesville, VA 22093-1781 and the work of the ABA Military Committee, Family Law Section .
Q. HOW DO I SERVE PROCESS ON A PARENT OWNING CHILD SUPPORT WHO IS SERVING IN THE U.S. MILITARY?
A. See the U.S. Department of Health and Human Services, Office of Child Support Enforcement’s A Caseworker’s Guide to Child Support and the Military . See also, the U.S. Department of State general guidance on service of process, which contains a discussion of this issue, and country specific information on service of process abroad.
Q. HOW CAN I GO ABOUT LOCATING A PERSON OBLIGED TO PAY CHILD SUPPORT WHO IS SERVING WITH THE U.S. MILITARY?
A. See the U.S. Department of Health and Human Services, Office of Child Support Enforcement’s A Caseworker’s Guide to Child Support and the Military . Sec. 363 of H.R. 3734, "Enforcement of Child Support Obligations of Members of the Armed Forces", requires the Secretary of Defense to establish a centralized personnel locator service for members of the Armed Forces. See also Requests for Military Mailing Addresses Active Duty.
U.S. STATE DEPARTMENT EMPLOYER
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POLICY & PROCEDURES
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GARNISHMENT
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SERVICE OF PROCESS
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LOCATOR SERVICE
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FOREIGN COURT ORDERS
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DENIAL OF DIPLOMATIC AND OFFICIAL PASSPORTS
Q. HOW IS THE POLICY OF THE U.S. GOVERNMENT REGARDING ENFORCEMENT OF A U.S. CHILD SUPPORT ORDER ISSUED BY A U.S. COURT AGABCIST AN EMPLOYEE OF THE U.S. GOVERNMENT APPLIED REGARDING U.S.DEPARTMENT OF STATE EMPLOYEES WORKING ABROAD?
A. The authority to obtain enforcement is set forth in 42 U.S.C. 659 ; 5 CFR 581 . On February 27, 1995, the President signed Executive Order 12953 which sets forth the actions required by all Federal agencies, including the Department of State, to facilitate payment of child support. Section 101(b) of the Executive Order requires all Federal agencies to cooperate fully in efforts to establish paternity and in the collection of child and medical support from agency employees. Section 101(c) of the Executive Order requires each Federal agency to provide information to its employees about this subject. The provisions of Executive Order 12953 were publicized in Department of State Notice dated 5/15/95 and Department of State Notice dated 6/23/95 . The subject is also addressed in The Foreign Service Family and Divorce , Department of State Publication 9914, Family Liaison Office , (M/DGP/FLO), 2000. See Resources - Family Support Services on the Family Liaison site.
Executive Order 13019 - Supporting Families: Collecting Delinquent Child Support Obligations (September 1996) required the Secretary of the Treasury to promptly develop and implement procedures necessary for the collection of past-due child support debts by administrative offset. The Debt Collection Improvement Act of 1996 authorized the Secretary of the Treasury to collect past-due child support by the administrative offset of Federal payments.
Q. HOW DO I ARRANGE FOR GARNISHMENT OF WAGES OF AN EMPLOYEE OF THE U.S. DEPARTMENT OF STATE IN A CHILD SUPPORT CASE?
A. The salary of a federal government employee may be garnished for the purpose of enforcing a legal obligation to provide child support or alimony. (See 42 U.S.C. 659 ; 5 CFR 581 ) However, no garnishment procedures can be effectuated until evidence as to the legal obligation is furnished, such as a tribunal order or decree. The Department of State will garnish the wages of an employee to pay child support and alimony when it is served with garnishment orders in accordance with governing law and regulations. See also the Department of State, Family Liaison Office (M/DGP/FLO) guidance on this subject.