North Carolina General Statutes 110-143. Passport Denial Program
(a) Participation. – The Department of Health and Human Services shall participate in the federal Passport Denial Program for the denial, revocation, or limitation of an obligor‘s passports under 42 U.S.C. § 654(31) and 42 U.S.C. § 652(k).
(b) Certification. – The Department shall annually certify to the federal Office of Child Support Enforcement (OCSE) an obligor in a IV-D case whose support arrears exceed the federally mandated threshold in 42 U.S.C. § 654(31). The OCSE shall transmit the certification to the U.S. Department of State pursuant to the federal Passport Denial Program.
(c) Notice. – The Department shall send written notice of the certification to the obligor at the obligor’s last known address. The notice shall advise the obligor of all of the following:
(1) The amount of the arrears as of the date of the notice.
Terms Used In North Carolina General Statutes 110-143
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- IV-D case: means a case in which services have been applied for or are being provided by a child support enforcement agency established pursuant to Title IV-D of the Social Security Act as amended and this Article. See North Carolina General Statutes 110-129
- Obligor: means the individual who owes a duty to make child support payments or payments of alimony or postseparation support under a court order. See North Carolina General Statutes 110-129
- Program: means the Child Support Enforcement Program established and administered pursuant to the provisions of this Article and Title IV-D of the Social Security Act. See North Carolina General Statutes 110-129
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) The possibility that the obligor’s passport may be denied, revoked, or restricted by the U.S. Department of State.
(3) The procedure to contest the certification.
(d) Appeal. – Within 60 days of the date the notice is placed in the mail to the obligor, the obligor may file a contested case petition with the North Carolina Office of Administrative Hearings to contest the certification. The contested case shall be conducted in accordance with Article 3 of Chapter 150B of the N.C. Gen. Stat.. The obligor may contest the certification only if one of the following applies:
(1) An arrearage does not exist.
(2) An arrearage does exist, but never exceeded the federally mandated threshold.
(3) There is a claim of mistaken identity.
(e) Withdrawal of Certification. – The Department shall notify the OCSE if the obligor’s support arrears are paid in full. (2023-65, s. 7.3(c).)