| Currently every state has an in-state child support | | | | In addition, State of Connecticut signed separate child |
| enforcement mechanisms that allow a state to garnish | | | | support agreements with the following countries: |
| income, hold non-paying spouse in contempt or revoke | | | | Australia, Bermuda, Canadian Provinces: Alberta, Nova |
| his/her license. Income withholding encompasses | | | | Scotia, British Columbia, Ontario, Manitoba, |
| deduction of money from the income of the | | | | Saskatchewan, New Brunswick; Czech Republic, |
| non-custodial parent (including wages, overtime pay, | | | | France, Germany, Hungary, Ireland, Mexico (the |
| worker's compensation, unemployment compensation, | | | | following 27 of 32 states): Aguascalientes, Nayarit, |
| retirement benefits, etc.) A person found in contempt | | | | Baja California, Nuevo Leon, Campeche, Puebla, |
| may be ordered to pay a lump sum of money. The | | | | Chiapas, San Luis Potosi, Chihuahua, Queretaro, |
| person also can be sent to jail (incarcerated) until a | | | | Coahuila, Quintana Roo, Colima, Sonora, Distrito |
| certain sum of money is paid. Finally, if a court finds the | | | | Federal, Tabasco, Guanajuato, Tamaulipas, Guerrero, |
| non-custodial parent failed to obey the court order, it | | | | Tlaxcala, Hidalgo, Veracruz, Jalisco, Yucatan, |
| may order his or her driver's license, professional, | | | | Michoacan, Zacatecas, Morelos; Norway, Poland, |
| occupational license, or recreational license suspended | | | | Slovak Republic, United Kingdom: England, Wales, |
| after 30 days. | | | | Scotland, Northern Ireland. |
| If the non-custodial parent moves out of state and the | | | | Immigration Consequences of Failure to Pay Child |
| state Support Enforcement Services Unit is already | | | | Support |
| enforcing the case, the Unit will take the steps to | | | | A Legal Permanent Resident (green card holder), who |
| collect child support from the out-of-state parent. | | | | is applying for the US citizenship must demonstrate |
| Some of the available interstate enforcement tools | | | | good moral character. Fulfilling one's child support |
| include: | | | | obligations is crucial to satisfy this requirement. Hence, |
| * Direct income withholding (the filing of an income | | | | failure to pay child support may prevent a non-paying |
| withholding with an out-of-state employer) | | | | non-US citizen parent from becoming a U.S. Citizen. |
| * Registering a custodial parent order in a new state to | | | | Changing country of residence may have dire |
| give the new state authority to enforce the order | | | | immigration ramifications even on the U.S. Citizens. |
| * Interstate real property liens | | | | Although U.S. passports cannot be denied based on |
| * Seizure of financial assets | | | | requests from private individuals, nonetheless the |
| * Referral to the U.S. Attorney for federal prosecution | | | | Secretary of State must deny issuance of a passport |
| under the Child Support Recovery Act and Deadbeat | | | | to a person who is in arrears of child support of more |
| Parents Punishment Act, 18 U.S.C. Section 228. | | | | than $5,000 based upon a certification to that effect |
| However, there are circumstances when a | | | | by the Secretary of Health and Human Services |
| non-custodial parent may attempt to leave the US in | | | | (HHS). (42 U.S.C. 652 (k)). Needless to say that the |
| order to avoid payment of the child support. Luckily for | | | | restoration of a U.S. passport or even obtaining the |
| a custodial parent, if a non-paying spouse left the US in | | | | limited validity passport for the purpose of entering the |
| hoping to avoid paying the child support, there might be | | | | U.S. is a complicated bureaucratic process. |
| a relief available. In 1996, the United States government | | | | Frequently, non-custodial parents fall behind their child |
| joined international convention concerning enforcement | | | | support payments due to the change in their financial |
| of child support. If a non-paying spouse resides in a | | | | circumstances and assume that there is nothing can |
| country where US has a bilateral agreement, the child | | | | be done to fix the problem. They may decide to leave |
| support obligations are easier to enforce. At this | | | | the country, work"under the table" to avoid have their |
| moment, such countries are Australia, Canada. Czech | | | | wages garnished or undertake other ill-advised |
| Republic, El Salvador, Finland, Hungary, Ireland, | | | | decisions. Fortunately, most of the child support issues |
| Netherlands, Norway, Poland, Portugal, Slovak Republic, | | | | could be avoided by a timely consultation with an |
| Switzerland, The United Kingdom of Great Britain and | | | | attorney who has experience in child support |
| Northern Ireland. | | | | modifications. |
