Agencies | Governor
Virginia Regulatory Town Hall

Proposed Text

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Action:
Amend Passport Provision for Child Support Enforcement
Stage: Fast-Track
 
22VAC40-880-405

22VAC40-880-405. Passport denial program Denial Program.

A. The department shall participate in the Passport Denial Program for the denial, revocation, or limitation of noncustodial parents' passports where child support arrearages exceed the federally mandated threshold.

B. The department shall certify the arrearages to the federal Office of Child Support Enforcement, which will then (i) send notice of the certification on behalf of the department to the individual and (ii) certify the arrearage to the Department of State pursuant to the Passport Denial Program.

C. An individual has the right to appeal per the notice to a Department of Social Services' hearing officer. The only issues reviewable on appeal are (i) whether the arrears met the threshold at the time of certification, or (ii) mistaken identity. An appeal from the hearing officer shall be to circuit court pursuant to the procedures under the Setoff Debt Collection Act (ยง 58.1-520 et seq. of the Code of Virginia). The issues in subsections D and E of this section are not reviewable by the hearing officer.

D. An individual's child support arrearages shall be paid in full before the department notifies the federal Office of Child Support Enforcement that the individual is eligible to receive a passport.

E. Exceptions to paying all arrearages prior to release of a passport may be granted by the IV-D agency director upon written request documenting (i) compelling evidence of a life-or-death situation of an immediate family member or (ii) employment that is contingent upon international travel with written proof from the employer of current employment or an offer and acceptance of employment and an agreement with the department that includes an income withholding order, a lump sum payment, and a plan to make regular payments to satisfy the arrearage within a finite period of time. Such decision whether to grant an exception shall be in the sole discretion of the IV-D agency director or designee.