| Rhode Island State Profile |
|
| A. General/State-At-A-Glance |
| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
| State Administered/State Operated. |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
| One state-wide office. |
| A3. With what types of agencies do you have cooperative agreements? |
| RI Family Court, RI Dept. of Labor and Training, RI Dept. for Children & Families. Vital Records. |
| A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? |
| Yes |
| A4.1. If yes, what is the statutory citation? |
Section 15-23.1-109
For Additional Information - http://www.cse.ri.gov |
| A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
| No |
| A4.3. If yes, please explain. |
| |
| B. UIFSA |
 |
|
| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
| 08/02/1996 |
| B2. What is the effective date of your State's UIFSA? |
| 01/01/1997 |
| B3. What is the statutory citation for your State's Act? |
C. Section 15-23.1-101 - 15-23.1-907 of the RI General Laws.
For Additional Information - http://www.rilin.state.ri.us/Statutes/TITLE15/15-23-1/INDEX.HTM |
| B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? |
| UIFSA 2001 Version |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
| 2006 |
| B5. Optional comments regarding your State's UIFSA. |
| Telephonic hearings available upon request. Contact Tim Flynn at (401)458-4526 |
| C. Reciprocity |
|
|
| C1. With what foreign countries does your State reciprocate? |
| Same as federal OCSE. |
| C1.1. Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries? |
| No. |
| C1.2. If yes, please explain. |
| |
| C2. Has your State established reciprocity with any Tribal courts? |
| No |
| C2.1. If yes, list the Tribes and identify services provided, if less than full services. |
| |
| D. Age of Majority |
|
|
| D1. What is the age of majority in your State? |
| 18 years of age. |
| D2. What is the statutory citation for the age of majority? |
Section 15-5-16.2(b) of RI General Laws.
For Additional Information - http://www.rilin.state.ri.us/Statutes/TITLE15/15-5/S00019.HTM |
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
| No automatic termination. |
| D4. Does the date of the order impact what law is applied? |
| No |
| D4.1. If yes, please explain. |
| |
| D5. Does child support end if the child leaves the household but does not emancipate? |
| Yes |
| D5.1. Optional comments regarding emancipation. |
| |
| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
| Yes |
| D6.1. If yes, please explain. |
| If the court finds the child has a severe physical or mental impediment and needs continuing support to age 21. Or in High School to age 19. |
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
| No |
| D7.1. If yes, please describe the procedure. |
| |
| E. Statute of Limitations |
|
|
| E1. What is your State's statute of limitations for collection of past due support? |
| None. |
| E2. What is your State's statute of limitations for paternity establishment? |
4 yrs. after age of majority Section 15-8-4.
For Additional Information - http://www.rilin.state.ri.us/Statutes/TITLE15/15-5/S0019.HTM |
| E3. Is dormancy revival/renewal possible? |
| No |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
| |
| F. Support Details |
|
|
| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? |
Income shares model.
For Additional Information - No Link Provided |
| F2. Does your State charge interest on missed arrears? |
| 12% per anum. |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
| 1% per month on unpaid balance |
| F3. Does your State charge interest on retroactive support? |
| Yes |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
| 1% per month on unpaid balance |
| F4. Does your State charge interest on adjudicated arrears? |
| Yes |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
1% per month on unpaid balance
For Additional Information - http://www.cse.ri.gov |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
| Yes |
| F5.1. If yes, under what circumstances? |
| If provided in a court order. Proper notice to the obligor. Proof of notice followed by a refusal or non-payment. |
| F6. Does your state elect to recover costs or charge fees in your IV-D State Plan? |
| No |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
| |
| F6.2. What costs are recovered from/fees charged to the obligor? |
| Discretionary with Court. Obligor may be charged attorneys fees and court costs. |
| F7. Does your State recover costs on behalf of the initiating State? |
| Yes |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
| Only if requested specifically we may seek. |
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
Section 15-23.1-201 of RI General Laws.
For Additional Information - http://www.rilin.state.ri.us/Statutes/TITLE15/15-23/S00004.HTM |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
| Yes |
| F9.1. If yes, under what circumstances? |
| Enforce only, if we are also enforcing child support. Previously ordered, current child support order is in existence. |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
| Yes |
| F10.1. Optional comments regarding required information on spouse or partner. |
If they have a child in common and the obligee is to be given a credit for the child on the guideline worksheet.
|
| F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance? |
| State will pay. |
| F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? |
| No |
| F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? |
| No |
| F11.3. Does your State collect the fee from the absent parent? |
| No |
| F11.4. Does your State pay the fee out of its own funds? |
| Yes |
| F12. When will your State implement the required DRA limited-assignment provision? |
| 10-1-09 |
| F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? |
| Yes, we are already doing this. |
| F13.1. If yes, provide the date. |
| 01/01/1991 |
| F14. Will your State participate in the pass through in Former Assistance cases? |
| Yes |
| F14.1. If yes, provide the date. |
| 10/01/2009 |
| F15. Will your State discontinue eligible assignments under the DRA of 2005? |
| Yes |
| F15.1. If yes, list the eligible assignments your State would discontinue. |
| Unassigned, temporary arrears and the post PRWORA assignments. |
| F15.2. When will your State discontinue each type of assignment? |
| 10/01/2009 |
| F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? |
| PRWORA |
| F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee? |
| RI uses an income shared model to establish child support orders. A new filing would be required for the new parties. The former order with the CP would be suspended. |
| F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee? |
| RI uses an income shared model to establish child support orders. A new filing would be required for the new parties. The former order with the CP would be suspended. |
| F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only? |
| RI uses an income shared model to establish child support orders. A new filing would be required for the new parties. The former order with the CP would be suspended. |
| F17.3. How does your State collect the $25.00 annual fee on never-TANF cases? |
| The State pays the fee. |
| G. Income Withholding |
|
|
| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
| Income withholding. |
| G2. What specific source of income is not subject to withholding? |
Veterans benefits. SSI
For Additional Information - http://www.rilin.state.ri.us/Statutes/TITLE15/15-16/INDEX.HTM |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
| No |
| G3.1. If yes, what are those limits? |
| |
| G4. What is the allowable fee per pay period for processing income withholding payments? |
$2.00 per withholding.
For Additional Information - http://www.rilin.state.ri.us/Statutes/TITLE15/15-16/INDEX.HTM |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
| 7 days. |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
| Payment must be remitted within 7 days of the date the income was paid or payable to the obligor. |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
| Court action/contempt. |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
| Personally liable for the amount of income, costs, interest and attorneys fees. |
| G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? |
| No |
| G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. |
| |
| G9.2. Optional comments regarding direct withholding of UI benefits across state lines. |
| |
| G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? |
| No |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
| |
| G11. How does an obligor contest income withholding in your State? |
| Provides in writing the basis for the contest. RI in turn advises other state to register for enforcement which has a built-in court hearing process. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
| First come, first serve priority. Employer would have to follow the federal Consumer Credit Protection Act. |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance? |
| Yes |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
For Additional Information - http://www.rilin.state.ri.us/Statutes/TITLE15/15-16/INDEX.HTM |
| G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
| Yes |
| G14. When does your state require the employer to send notice of an employee's termination? |
Yes, within 30 days.
For Additional Information - No Link Provided |
| G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
| Not specified in State law. |
| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
| No |
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
Yes
For Additional Information - No Link Provided |
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
Yes
For Additional Information - No Link Provided |
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
Child Support, Medical Support, Arrears
For Additional Information - No Link Provided |
| H. Paternity |
|
|
| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
| No |
| H1.1. If yes, please explain. |
| |
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
97% conclusive presumption.
For Additional Information - http://www.cse.ri.gov |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
| For Additional Information - No Link Provided |
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
| 01/1997 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
| Yes |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
"New trial" could be petitioned for.
For Additional Information - No Link Provided |
| H5. Does marriage constitute a rebuttable presumption of paternity? |
| Yes |
| H5.1. If yes, how is the presumption rebutted? |
If child born while parties were married or within 300 days after marriage terminated.
For Additional Information - No Link Provided |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
| No |
| H6.1. If no, briefly explain. |
Rebuttable presumption may be rebutted by a court decree establishing paternity of the child by another man.
For Additional Information - http://www.cse.ri.gov |
| H7. Does your State have any other paternity-related presumptions? |
| Yes |
| H7.1. If yes, briefly explain. |
Section 15-8-3 of Rhode Island General Laws.
For Additional Information - http://www.rilin.state.ri.us/Statutes/TITLE23/23-1/S00004.HTM |
| H8. Does your State have a putative fathers' registry? |
| No |
| H8.1. If yes, what is the name of that entity? |
| Acknowledgments are all filed with Vital Records and birth certificates immediately created. |
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
| Yes |
| H9.1. If yes, please describe any circumstances under which these fees may be waived. |
State agency does not pay fees.
For Additional Information - No Link Provided |
| H10. Is common law marriage recognized in your State? |
| Yes |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
Couple living together as husband & wife (same address, same bank account) recognized by community as husband & wife.
For Additional Information - http://www.cse.ri.gov |
| H10.2. When did your current common law standard go into effect? |
| 01/1926 |
| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
| In case law from 1926 to date standard remain the same. |
| H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
| Teleconferencing: UIFSA testimony |
| H12. Please give the statutory citation for your State's long arm statute and list any special provisions. |
Section 15-23.1-101 of RI General Laws.
For Additional Information - http://www.rilin.state.ri.us/Statutes/TITLE23/23-1/S00004.HTM |
| H13. Does your State recover genetic testing costs for other States? |
| No |
| H13.1. If so, please explain. |
| |
| H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
| In an unwed situation, an acknowledgment of paternity is required. Signed by both parties. |
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
| 07/03/1997 |
| H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
| One packet - Affidavit for each child if appropriate. |
| I. Support Order Establishment |
|
|
| I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? |
| Judicial. |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
| |
| I1.2. Under what circumstances would the judicial process be used? |
| |
| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
| For Additional Information - www.cse.ri.gov |
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
New spouse only, if they have a child in common and obligor is to be given a credit for supporting that child.
For Additional Information - No Link Provided |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
The court has the discretion to deviate from the guidelines. No set criteria.
For Additional Information - http://www.cse.ri.gov |
| I4. Will your State establish support orders for prior periods? |
| Yes |
| I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
| In paternity cases, 6 years prior to the filing of the paternity complaint. Also, may pursue past education, necessary support and maintenance. |
| I4.2. What information or documentation does your State require to proceed? |
Proof of income for 6 years and all bills for above.
For Additional Information - No Link Provided |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
| No |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
| 6 years prior; only in paternity cases. |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
Voluntary acknowledgement. No establishment or modification administratively. All enforcement per PRWORA is done administratively.
For Additional Information - http://www.cse.ri.gov |
| I6. What is your State's statutory authority for the administrative process? |
15-21 et.seq. and 17-57-1 et.seq.
For Additional Information - http://www.cse.ri.gov
|
| I7. Is there a local State law that allows an interstate administrative subpoena? |
Yes
For Additional Information - No Link Provided
|
| I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
No. Legal custody not required
For Additional Information - No Link Provided |
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
| No |
| I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
| No |
| I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? |
| Establishment |
| J. Support Enforcement |
|
|
| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both? |
|
| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
| Administrative. |
| J2. Is the lien process in your State judicial, administrative or both? |
| Administrative. |
| J2.1. What are the trigger criteria for filing a lien? |
$500 or more arrearage.
For Additional Information - No Link Provided |
| J2.2. Where are your State liens filed? |
| City Hall, DEM, Banks, Insurance Intercept |
| J2.3. Does your State charge a fee for filing a lien? |
| No |
| J2.4. If yes, please indicate the amount. |
| |
| J.3. Does your State enforce property seizure and sale? |
| Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
| Administrative. |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
| Administrative. |
| J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support? |
| When case becomes delinquent. |
| J4.2. Does your State's income withholding definition includes amounts in financial institutions? |
No
For Additional Information - No Link Provided |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
| Yes |
| J4.3.1 If yes, who notifies the NCP, the State or financial institution? |
| State Agency |
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
| 10 days after assets are frozen. |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
| DOR does not issue bank levies unless the obligor has received notice of the child support debt within the last 12 months, there is a valid court order and either of the following financial criteria is met: arrears, interest and penalty, less amounts on hold, are $1,500 or more or the obligor has failed to make any "non-enforcement" payments in the prior 6 weeks. (A "non-enforcement" payment is a payment made without the use of administrative enforcement action). |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
$500.00 Financial Data Match
For Additional Information - No Link Provided |
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
| None. |
| J5.3. 1. If yes, please provide the time frame. |
| |
| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
| No |
| J5.4.1. If yes, please provide the percentage. |
| |
| J5.4.2. Is the percentage different for joint accounts? |
| Yes |
| J5.4.3. If yes, please define. |
| Scope of property interest. |
| J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. |
| Not specified. |
| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
| N/A |
| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
Two part process, Notice of Intent - Thirty (30) days to contest.
For Additional Information - No Link Provided |
| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? |
| Thirty (30) days |
| J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action? |
Misidentification/ Arrears not owed
For Additional Information - No Link Provided |
| J5.10. Is your State's complaint review process judicial, administrative or both? |
| Administrative - with right ultimately to take appeal further into court. |
| J5.11. What are your State's penalties for incorrect seizures? |
| None |
| J5.12. Is the second challenge administrative, judicial or both? |
| Both |
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
| Thirty (30) days. No unique requirements. Non-debtor has same appeal rights as obigor. |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
| Centralized. |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
| State law allows a $25 processing fee. Financial institution will deduct fee from obligor's account. |
| J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
| No |
| J5.16.1. If yes, what is the amount? |
| |
| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
| Yes |
| J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. |
15-21-5
For Additional Information - No Link Provided |
| J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
Yes
For Additional Information - http://www.cse.ri.gov
|
| J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? |
Upon demand, up to ninety (90) days.
For Additional Information - No Link Provided |
| J6. Does your State withhold State funds or benefits? |
| Yes |
| J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both? |
| Judicial. |
| J7. Please describe any other administrative enforcement procedures your State may have. |
| None. |
| J8. Please describe any other judicial enforcement procedures your State may have. |
| Contempt- civil, criminal - referral to the Attorney General and U.S. Attorneys office. |
| J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? |
Section 15-21-1 through 15-21-10. Same procedures must be followed per 15-21-11.
For Additional Information - http://www.rilin.state.ri.us/Statutes/TITLE15/15-21/INDEX.HTM |
| J10. Which of our State's enforcement remedies are available without registration? |
| None. |
| J11. Describe your State's registration and enforcement procedures. |
| Identical to all other states under UIFSA. |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
| Motion to adjudge in contempt. |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
| No |
| J13.1. If yes, please provide the statutory citation. |
| For Additional Information - http://www.cse.ri.gov |
| J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? |
| Yes, RIGL 15-21-11. |
| J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
| |
| J15. Does your State use credit bureau reporting as an enforcement method? |
|
| J15. Does your State use credit bureau reporting as an enforcement method? |
| Yes |
| J16. Provide which credit bureaus your State report an obligor's child support information? |
| Equifax TransUnion Experian |
| J16. Provide which credit bureaus your State report an obligor's child support information? |
|
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
|
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
| Administrative |
| J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? |
|
| J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? |
| Responding State |
| J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? |
|
| J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? |
| Written notice to obligor, ten (10) days prior to release. RIGL 15-25-2. |
| K. Modification and Review/Adjustment |
|
|
| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
| Every 3 years upon request. |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
| On request of CP, NCP for non-TANF cases; upon request of state and or automatically for TANF cases |
| K3. Briefly describe your State's modification procedure. |
| Judicial process. IV-D agency files the action in court as long as the criteria listed below is met. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
| 10% as a guide. |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
|
| K5.1. The earnings of the obligor have substantially increased or decreased. |
| Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
| Yes |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
| Yes |
| K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. |
| No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
| Yes |
| K5.6. There has been a substantial change in child care expenses. |
| Yes |
| K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? |
| Additional children |
| K6. Does your State have cost of living adjustments (COLAs)? |
| No |
| K6.1. If so, what index does your State use? |
| |
| K7. How does your State credit SSA disability to current and past due support? |
| Dollar for dollar, current (with regards to dep. benefits) |
| K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. |
| Yes |
| K8.1. If yes, please explain the situation? |
| Judicial determination when a parent is incarcerated. |
| K8.2. What is the statutory citation for your abatement law? |
None (but see Torti v. Torti, 620A2d1264(R.I. 1993)
For Additional Information - http://www.cse.ri.gov |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
| Pay stubs Change in custody order Medical bills |
| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
| Apply to: Office of Vital Records, 3 Capitol Hill, Providence, RI 02908 |
| K9. What information is required to register an out-of-State order for enforcement/modification? |
| Certified copy of the order from the initiating state. If it is an interstate case, we also require the UIFSA Transmittal, Registration Statement, and Arrearage Statement. |
| L. Lump Sum Payments |
|
|
| L1. Does your State define a lump sum payment? |
| No |
| L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
| |
| L1.2 Provide the statutory citation. |
| For Additional Information - http://www.cse.ri.gov |
| L2. Does your State law require employers to report lump sum payments? |
| No |
| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
Unless a specific lien is in effect.
For Additional Information - No Link Provided
|
| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
| No |
| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
| |
| L4. How are employers instructed to report a pending lump sum? |
| Administrative Lien or Court Ordered Lien |
| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
| None (it would need to be in advance of payment) |
| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
| They would pay it into the Registry of Family Court not to the custodial parent. |
| L7. Does your State use the income withholding order to attach the lump sum payment? |
| No |
| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
| |
| L8. Does your State use the lien/levy process to attach the lump sum payment? |
| Yes |
| L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? |
| Lien and Levy form or Court ordered Lien |
| L9. What other documents does your State use to attach lump sum payments? |
| Copy of Court Order |
| L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
| Yes |
| L10.1 If yes, what are those limits? |
L10 is yes, only if Federal Law so requires.
For Additional Information -
http://www.cse.ri.gov |
| L10.2 If no, what percentage is the employer required to withhold? |
| Presume amounts provided in CCPA. |
| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
| Yes |
| L11.1 If yes, would the employer only withhold for that period's obligation? |
| Depending on the payment (wages vs. something else). |
| M. Insurance Match |
|
|
| M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. |
| For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf |
| M1.1. Additional information on the CCPA. |
| For Additional Information - http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm |
| M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? |
| Yes |
| M2.1. If yes, provide the statutory citation |
Rhode Island General Laws (RIGL) Sections 27-57-1 through 27-57-4.
For Additional Information - http://www.cse.ri.gov |
| M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. |
| Last Name, DOB. |
| M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. |
| 30 days before payment |
| M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? |
| 3rd party injury, liability, WC |
| M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. |
| $3000 |
| M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). |
| Rhode Island is the host state for the Child Support Lien Network and accordingly is a member state as well. Insurers are required to do a CSLN Lookup or voluntarily participate in the CSLN/ISO Data Match. |
| M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). |
| Any insurer or insurance company, its directors, agents and employees and central reporting organizations and their respective employees authorized by an insurer to act on its behalf who release information in accordance with the provisions of this chapter, or who withhold amounts from payment based upon the latest information supplied by the department pursuant to RIGL section 27-57-4 and makes disbursements in accordance with section 27-57-3 and shall be in compliance and shall be immune from any liability to the claimant, payee lien holder, payee who provided written notice or security interest holder for taking such action. |
| M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. |
The Insurance Intercept Act contains no penalty provision, however an insurance company who fails to engage in the process may ultimately be obligated to pay the amount that should have been intercepted under RIGL 15-1-5.
For Additional Information - No Link Provided |
| M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law? |
| Yes. |
| M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? |
N/A
For Additional Information - No Link Provided |
| M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? |
| N/A |
| M3.1. Please provide the statutory citation. |
N/A
For Additional Information - No Link Provided |
| M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). |
| Income assignments and Notice of intent to lien, notice of lien and notice of levy. |
| M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? |
| Child Support Agency notifies the NCP |
| M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. |
RIGL 27-57-1.
For Additional Information - No Link Provided |
| M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation. |
Yes 45 days
For Additional Information - http://www.cse.ri.gov |
| M6. Are there attorney fees associated with the insurance intercept activity? |
| Yes. Per state law, Attorney fees and medical expenses are required to be paid prior to proceeds being applied to the past due child support. |
| M7. How does another State initiate and intercept collections from your State Workers Compensation agency? |
| The other state would be required to follow UIFSA procedures. |
| M7.1. What is the process, the points of contact, and what forms must be completed? |
| UIFSA forms. |
|
