(a)

1. (1) When a noncustodial parent’s arrears from all of his or her cases meets or exceeds two thousand five hundred dollars ($2,500), the United States Office of Child Support Enforcement submits the name to the United States Department of State for passport denial.
2. (2) The noncustodial parent’s passport will remain flagged until arrears are paid in full or the conditions specified below are met.

(b) Release from passport denial.

1. (1) When a noncustodial parent’s arrears are paid to zero dollars ($0), passport flags are automatically removed by a weekly update.
2. (2) The local child support office may request removal sooner if the arrears are zero dollars ($0) or if one (1) of the acceptable reasons for release, listed below, is met.
3. (3) If the individual was erroneously submitted for passport denial, a request for immediate release of the flag will be submitted.

4. (4) Release of a passport without the payoff of arrears may be approved in the following circumstances:

   1. (A) If a noncustodial parent received a judgment of instant debt, i.e., there was no previous court order, and a noncustodial parent is now ordered to pay retroactive support for a child, the passport can be released if the noncustodial parent has followed the order without exception, including making all ordered payments toward arrears;
   2. (B)

(i) If a noncustodial parent must travel due to a life or death emergency of an immediate family member, verification of the emergency by a medical doctor or from the American Red Cross is mandatory, along with a payment of at least twenty-five percent (25%) of the arrears.

1. (ii) “Immediate family” means the following in relation to the noncustodial parent:

(b) (b) Child, natural or adopted;

1. (c) (c) Grandparent;

   1. (d) (d) Sibling;

(h) (h) Step-parent;

1. (i) (i) Step-sibling; or

(j) (j) Spouse;

1. (C)

   1. (i) If a noncustodial parent is on active military duty and needs the removal of a passport flag due to being deployed overseas, the passport flag will be removed upon receipt of a:

(b) (b) Letter from the commanding officer stating the passport is required for military duty.

1. (iii) This does not apply to civilians voluntarily going overseas to work at a military base or with a private business; and

   1. (D) If a noncustodial parent requires a passport for work-related travel, the following is required:

      1. (i) A letter from the employer stating the noncustodial parent is required to travel as a condition of his or her employment;
      2. (ii)

(b) (b) If the employee has not yet started work for the job for which the travel is required, the employer must be the one to which an Income Withholding Order may be issued; and

1. (iii) A payment of the current support amount for the month plus not less than twenty-five percent (25%) of the total amount of arrears.