OBTAINING SUPPORT ENFORCEMENT THROUGH THE EMPLOYER


  • U.S.-BASED PRIVATE EMPLOYER
  • FOREIGN-BASED EMPLOYER
  • U.S. MILITARY EMPLOYER
  • U.S. DEPARTMENT OF STATE EMPLOYER
  • 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.


FOREIGN-BASED PRIVATE EMPLOYER

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.


U.S. MILITARY EMPLOYER

  • CASEWORKER'S GUIDE CHILD TO SUPPORT ENFORCEMENT & THE MILITARY
  • GARNISHMENT OF WAGES
  • JUDGE ADVOCATE GENERAL'S OFFICE
  • SERVICE OF PROCESS
  • MILITARY PERSONNEL LOCATOR SERVICE

Q. HOW CAN I OBTAIN ENFORCEMENT OF A CHILD SUPPORT ORDER AGAUSCIST 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

  • POLICY & PROCEDURES
  • GARNISHMENT
  • SERVICE OF PROCESS
  • LOCATOR SERVICE
  • FOREIGN COURT ORDERS
  • 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 AGAUSCIST 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.

Q. WHERE SHOULD GARNISHMENT ORDERS AGAUSCIST U.S. DEPARTMENT OF STATE EMPLOYEES BE SENT IN THE DEPARTMENT OF STATE?

A. Garnishment orders should be sent to Office of the Legal Adviser, L/EX, Room 3422 N.S., Department of State, 2201 C Street, N.W., Washington, D.C. 20520.

Q. HOW DO I EFFECT SERVICE OF PROCESS ON AN EMPLOYEE OF THE U.S. DEPARTMENT OF STATE IN CONNECTION WITH A CHILD SUPPORT CASE?

A. Section 302 of Executive Order 12953 provides that every Federal agency shall assist in the service of legal process in civil actions pursuant to orders of courts of States [of the United States] to establish paternity and establish or enforce a support obligation by making Federal employees stationed outside the United States available for service of process. Each agency shall designate an official who shall be responsible for facilitating a Federal employee’s availability for service of process regardless of the employee’s workplace.

Although the Department of State is not an agent for the service of process upon its employees with respect to purely personal, non-official litigation, the Department recognizes that its employees stationed overseas should not use their official positions to evade their personal obligations and will, therefore counsel and encourage Department employees to accept service of process in appropriate cases. See 22 CFR 172.2(d). [See also the Standards of Ethical Conduct for Employees of the Executive Branch, 5 C.F.R. 2635.809 (financial obligations).]

Q. WHO DO I CONTACT IN THE DEPARTMENT OF STATE REGARDING QUESTIONS CONCERNING SERVICE OF PROCESS ON DEPARTMENT EMPLOYEES IN CHILD SUPPORT MATTERS?

A. The Department of State, Office of Employee Relations, Conduct, Suitability and Discipline Staff (HR/ER) will counsel and encourage Department employees to accept service of process and make arrangements to ensure that their children are provided the support to which they are legally entitled Executive Order 12953 of February 27, 1995 and 22 CFR 172.2(d) ). The Department of State, Office of Employee Relations, Conduct, Suitability and Discipline Staff (HR/ER) can be contacted at SA-1, Room 236H, U.S. Department of State, Washington, D.C. 20520; 202-261-8180. HR/ER will coordinate with the Office of the Legal Adviser for Employment Law (L/EMP) and the Office of the Legal Adviser for Ethics (L/Ethics) as necessary. Questions for the Office of the Legal Adviser for Employment Law (L/EMP) or the Office of the Legal Adviser for Ethics (L/Ethics) may be directed to U.S. Department of State, 2201 C Street N.W., Washington, D.C. 20520.

Q. IF SERVICE IS TO BE MADE DIRECTLY ON A U.S. DEPARTMENT OF STATE EMPLOYEE ABROAD HOW CAN ARRANGEMENTS BE MADE FOR WAIVER OF IMMUNITY TO ENABLE THE FOREIGN CENTRAL AUTHORITY TO EFFECT PERSONAL SERVICE ON THE U.S. DEPARTMENT OF STATE EMPLOYEE ABROAD?

A. Questions regarding waiving of applicable diplomatic or consular privileges and immunities should be directed to the Office of the Legal Adviser for Diplomatic Law (L/DL), Room 5420, U.S. Department of State, 2201 C Street, N.W., Washington, D.C. 20520.

Q. HOW DO I ENFORCE A CHILD SUPPORT ORDER AGAUSCIST A U.S. STATE DEPARTMENT EMPLOYEE ISSUED BY A COURT IN A FOREIGN COUNTRY WHEN THE CHILD IN QUESTION IS IN A FOREIGN COUNTRY?

A. If the foreign country in which the person, State agency, or other institution to which a child support is owed has a federal bilateral arrangement with the U.S. or a state level arrangement with the state of residence of the person who is obliged to pay child support, the foreign enforcement agency for international cases may contact the state child support agency in the designated state of residence of the person who is obliged to pay child. The Uniform Interstate Family Support Act (UIFSA), prepared by the National Conference of Commissioners on Uniform State Laws , has been enacted by all of the states in the United States. Pursuant to UIFSA, the child support agency may register the existing foreign order in that state and enforce it as a local state order. If, for some reason, the foreign order is not enforceable in the United States, a new and enforceable local state order may be established in the state of residence of the person who is obliged to pay child support on behalf of the person, State agency, or other institution to which a child support is owed. The registered foreign order or the new local order may be enforced using garnishment and other appropriate enforcement actions.

Q. WHAT DO I DO IF THE STATE OF RESIDENCE OF THE PERSON OWING THE CHILD SUPPORT IS UNKNOWN?

A. If the foreign country has a federal bilateral arrangement with the United States and the designated state of residence of the person who is obliged to pay child support is unknown, the foreign central authority may contact the United States Central authority for International Child Support, Office of Child Support Enforcement , 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: 202-401-5539, or email to ocseinternational@acf.dhhs.gov for assistance in locating the designated state of residence of the person who is obliged to pay child support . If the foreign country has a state level agreement, it may contact a state with which it has such an agreement for assistance in location.

Information regarding garnishment and other appropriate actions may be obtained by contacting the Office of the Legal Adviser, Legislation and General Management, L/LM, Room 3422, Department of State, 2201 C Street, N.W. Washington, DC 20520, tel: (202) 647-2318. All State Department employees have a designated state of residence, and garnishment or other enforcement actions may be taken by the State Department whether the employee is located in the same foreign country, another foreign country or the United States.

Q. WHAT SHOULD I DO IF THE FOREIGN COUNTRY WHERE THE CHILD LIVES DOES NOT HAVE A RECIPROCAL AGREEMENT ON CHILD SUPPORT WITH THE UNITED STATES?

A. If the person, State agency, or other institution to which a child support is owed is in a foreign country with which there is neither a federal agreement nor a bilateral agreement with the state of residence of the person who is obliged to pay child support, the order may be enforced in the United States only if it is recognized as an enforceable order by a tribunal, through whatever procedures are appropriate and available, in the state of residence of the person who is obliged to pay child support . This may require the services of a local attorney.

The U.S. State Department does not have the authority to garnish wages based on a foreign order which has not been registered or otherwise recognized by a tribunal of a United States state. In such a case, however, other actions pursuant to Department of State personnel rules may be brought to bear to encourage compliance with the support obligation. The person, State agency, or other institution to which a child support is owed or the foreign child support enforcement agency may contact the United States Department of State Office of the Legal Adviser, Legislation Management, L/LM, Room 3422 N.S., Department of State, 2201 C Street, N.W., Washington D.C. 20520 through its embassy in Washington or through the U.S. Embassy or consulate in the foreign country.

Q. WHOM SHOULD I CONTACT IF I HAVE QUESTIONS ABOUT ENFORCEMENT OF FOREIGN COURT ORDERS AGAUSCIST DEPARTMENT OF STATE EMPLOYEES?

A. The U.S. Department of State, Office of the Legal Adviser, Legislation and General Management, L/LM, Room 3422, Department of State, 2201 C Street, N.W., Washington, D.C. 20520, tel: (202) 647-2318 may be contacted for information regarding garnishment procedures and other appropriate actions.

Q. ARE PASSPORT SERVICES DENIED FOR DEPARTMENT OF STATE EMPLOYEES IN CONNECTION WITH CHILD SUPPORT MATTERS?

A. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) went into effect October 1, 1997. The statute prohibits any individual from receiving a U.S. passport who has been certified by the Secretary of Health and Human Services to the Secretary of State as being in arrears on child support payments by an amount exceeding $5000. This prohibition extends to the issuance of diplomatic and official passports and includes both new issuances and renewals. See the Department of State Notice of 04/10/2000 . The Department of State and its embassies and consulates abroad have no information concerning individual child support obligations and, once a passport has been denied based on nonpayment of child support, have no authority to take other action until HHS removes the person's name from its list. Please direct any questions to the appropriate state child support enforcement agency. You may go to the Department of Health and Human Services - State Child Support Enforcement Web Site for a listing of HHS state and local agencies.

OTHER U.S. GOVERNMENT AGENCY EMPLOYER

Q. HOW DO I ARRANGE FOR ENFORCEMENT OF CHILD SUPPORT FROM OTHER U.S. GOVERNMENT EMPLOYEES ABROAD?

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. To ascertain procedures for garnishment of the salary of a federal employee of a U.S. Government agency other than U.S. military or U.S. Department of State described above, contact the Personnel Office or the Office of General Counsel of the employing agency. Consult the comprehensive listing of all federal employer agents for purposes of service of process (select #10, then Text; 5 CFR 581 at Appendix A), or contact your state child support office for assistance.