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Rhode Island State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
There is only one IV-D Office in Rhode Island. It is located at 77 Dorrance Street, Providence, RI 02903.
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
R.I.G.L. 15-30-2
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No
A2.3. If yes, please explain.

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
R.I.G.L. 15-23.1-101 et. seq. UIFSA 2008
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
Three (3)

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
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 Native American tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full services.
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) **
Yes, RIGL 15-23.1-705 allows the filing of a direct request to the court under the Convention, however, OCSS does not accept direct requests from individuals from non-convention countries with non-convention orders may directly apply.

D. Age of Majority

D1. What is the age of majority in your state?
18 years of age, if the child is still in high school the order will continue, but no longer than the age of 19.
D2. What is the statutory citation for the age of majority?
Sections 15-5-16.2(b)and 15-12-1 of RI General Laws. RI General Laws 15-12-1.
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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, however, case law provides that the court loses the authority to order support beyond the jurisdiction set forth in statute. See Adam v. Adam, 634A.2d1093 (RI 1993)
D4. Does the date of the order determine the law that 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.
See also Torti v. Torti, 620 A.2d 1264 (RI 1993)
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
The Court may order child support and education costs for children attending high school at the time of their 18th birthdate and for 90 days after graduation, but in no case beyond age 19, unless the child has severe physical or mental impairment still living with or under the care of a parent. See Section 15-5-16.2(b).
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 otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
A party must petition the Court for reduction.
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
No, OCSS does not accept new applications. OCSS will continue services on existing IV-D cases after emancipation for collection of arrears.
D8.1 If not, how does this affect interstate referrals?
The same rule applies; however, Interstate Referrals are deemed by OCSS to have been IV-D cases prior to emancipation unless specific information otherwise is provided or obtained.

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?
None, but see Section 9-1-17 of the RI General Laws for general statute of limitations.
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E2. What is your State's statute of limitations for paternity establishment?
Four (4) years after the child reaches the age of majority per RIGL 15-8-6.
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E3. Is dormancy revival/renewal possible?
No
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
See Guziejka v.Desgranges, 571A.2d32(RI 1990) providing child with one clean opportunity to address paternity on the merits.
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F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Income shares model.
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F2. Does your state charge interest on arrears?
Yes
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
1% per month on unpaid principle balance. Also, the Court may relieve an individual of the obligation to pay interest upon showing good cause per Section 15-5-16.5 of Rhode Island General Laws.
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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 principle balance, however, the court may relieve an individual of the obligation to pay interest upon a showing of good cause. Also, no interest is charged on past education and necessary support arising from a paternity action under Section 15-8-4 of Rhode Island General Laws.
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 on the principle arrears
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes
F5.1. If yes, under what circumstances?
If provided in a court order. Proper prior notice to the obligor of the medical debt in the form of bills and evidence of payment. 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?
Yes
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
A $25.00 fee for every $500.00 collected in never assistance cases. The State pays the federal share.
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
Generally, discretionary with Court. Obligor may be charged attorneys fees, court costs and DNA test costs.
F7. Does your state recover costs on behalf of the initiating state?
Yes
F7.1. Optional comments regarding recovery of initiating state's fees.
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
RIGL 15-23.1-201
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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. No modification or establishment.
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, AT-11-07)
Initially, only such information as is requested in the General Testimony.
F10.1. Optional comments regarding required information on spouse or partner.
If the oblige has other dependent minor children, the income information of the other parent may be required by the Court to calculate the credit mandated on the guideline calculation. Income of a new spouse or partner may be required by the Court if a deviation from a recommended guideline support calculation is requested.
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who 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 person but not the first $500?
No
F11.2 Does your state collect the fee from the person applying for IV-D services?
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 did your state implement the required Deficit Reduction Act (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.
F14. Does your state participate in the pass-through in former assistance cases?
Yes
F14.1. If yes, provide the date.
10-1-2009
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. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA
F17. What are your state's 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 shares model to establish child support orders. A new filing would be required for the new parties. The former order with the original payee would be suspended. RI law does not provide for support to be redirected from a court ordered payee to a different payee.
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F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
A new filing would be required for the new parties. The former medical support order with the original payee would be suspended.
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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 shares model to establish child support orders. A new filing would be required for the new parties. The former order with the original payee would be suspended.
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F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
The State pays the fee.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
Yes
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
Generally, discretionary with Court. Obligor may be charged attorneys fees, court costs and DNA test costs.
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
Yes, with a limited number of states.
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes, with a limited number of states.

G. Income Withholding

G1. What specific source of income is not subject to withholding?
Veterans benefits, SSI and any income exempted by federal law.
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No
G2.1. If yes, what are those limits?
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
$2.00 per withholding.
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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
7 days.
G5. 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.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Court action/contempt.
G7. 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.
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
N/A
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G8.2. What documents are required to intercept UI benefits?
RI does not allow intercept of UI benefits. To obtain income withholding, a UIFSA registration packet is required.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
No
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
N/A
G10. How does an obligor contest income withholding in your state?
Obligor must contest in writing to Court within fourteen (14) days of mailing of notice of income withholding. See Section 15-16-5 RI General Laws.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the 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.
G11.1. 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
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
N/A
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Yes
G13. When does your state require the employer to send notice of an employee's termination?
Yes, within 30 days.
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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
Not specified in State law.
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Yes
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G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Yes
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G18. 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.
Current Child Support, Current Medical Support then Arrears.
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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
RI prioritizes payment of current support obligations and unassigned arrears owed to the oblige. If those obligations are satisfied RI will collect and disburse according to the federal distribution rules.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?

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G21. Does your state's law require a signature on the income withholding order?
Yes

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
OCSS as a IV-D agency, does not address custody/visitation issues. The RI Family Court, in a non-IV-D action, may enter such orders in conjunction with a paternity establishment order.
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
97% conclusive presumption.
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
See Section 15-8-11 Rhode Island General Laws.
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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
01/01/1997
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.
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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
A party would need to file with RI Family Court, standard of evidence is clear and convincing.
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H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
No
H6.1. If no, briefly explain.
Rebuttable presumption may be rebutted by a court decree.
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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
N/A
H8. Does your state have any other paternity-related presumptions?
Yes
H8.1. If yes, briefly explain.
See Section 15-8-3, Rhode Island General Laws.
H9. Does your state have a putative fathers' registry?
No
H9.1. If yes, what is the name of that entity?

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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
Yes
H10.1. If yes, please describe any circumstances under which these fees may be waived.
State agency does not pay fees. Other parties, see Section 23-3-25 Rhode Island General Laws.
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H11. Is common-law marriage recognized in your state?
Yes
H11.1. If yes, briefly describe the standard that defines common-law marriage.
In case law from 1926 to date standard remain the same. For there to exist a common-law marriage, the court must find: 1) a capacity to marry; 2) Evidence that both parties intended to enter into a spousal relationship; 3)Conduct of the parties must be such that it would lead the community to believe they were married; 4)Elements of intent and belief are demonstrated by inference from cohabitation; declarations, reputation among kindred and friends; and any other competent circumstantial evidence.
H11.2. When did your current common-law standard go into effect?
H11.3. 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?

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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
Personal appearance is not required in UIFSA actions. Accepted are, affidavits, certified copies, telephonic testimony, certain documents if provided timely, and audio visual testimony.
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
Section 15-23.1-201
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H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
If registered, Court may order payment.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
Certified copy of court order.
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, 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 a judicial process would be used?
All circumstances.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
N/A
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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
Custodial parent if there is a legal duty of support. Financial resources of child may be considered by Court. A new spouse, only, if they have a child in common and obligor is to be given a credit for supporting that child.
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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.
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I4. Will your state establish support orders for prior periods?
No
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
RI will establish past liabilities in a paternity establishment action. RI will enter order retroactive if there is a pending motion/complaint/petition for support and the obligor had notice under court rules. In paternity cases, six (6) years prior to the filing of the paternity complaint. Also, may pursue pad education, necessary support and maintenance. In support-only actions, only to the date of service on the obligor.
I4.2. What information or documentation does your State require to proceed?
Proof of income for six (6) years and all bills for above.
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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, specify those limitations.
Six (6) years prior; only in paternity cases. In support-only actions, only to the date of service on the obligor.
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
Voluntary acknowledgement. No establishment or modification administratively. Most enforcement per PRWORA is done administratively.
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I6. What is your state's statutory authority for the administrative process?
Rhode Island General Laws 15-8-3, et. seq, 15-16-4, 15-21 et. seq.
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I7. Is there a local state law that allows an interstate administrative subpoena?
Yes, Rhode Island General Laws 15-23.1-303 and 15-22-3.
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No. Legal custody not required, see Rhode Island General Laws 15-9-1 et. seq.
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
No
I10. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
Custody is not determinative. RI would not enforce such a RI order; foreign order would need authorized substitution of party or legislation in issuing jurisdiction.
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
Establishment
I12. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before a support order is modified or established?
No
I13. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before support can be redirected to the new payee?
No, legal custody is not required, but redirection of support to a new payee would require a court order.
I14. What methods of personal service does your state use? **
In-hand service by sheriff or constable. Certified mail return receipt in some circumstances
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
No
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
Work related daycare costs (less Federal Tax credit), cash medical order.
I17. Please provide the relevant statutory or case law citation. **
Family Court Admin Order 87-2; Rhode Island General Laws 15-5-16.2
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
Yes
I18.1 If yes, indicate the appropriate responses. **
Family Court mediation; consent orders.

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.
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J2.2. Where are your state liens filed?
City Hall, DEM, Banks, Insurance Companies, Real Property Records
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?
No
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Generally no, although State law does allow for this.
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Administrative.
J4.1. When must an 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. Also, within ten (10) days of "Recording of Intent to Lien Notice."
J4.2. Does your state's income withholding definition include amounts in financial institutions?
No
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J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
State Agency
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
Ten (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?
For bank matches, obligor must owe at least $500.00 in past due support.
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
$500.00 Financial Data Match
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J5.3. Is there a specified amount of time of delinquency required 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, provide the percentage.
J5.4.2. Is the percentage different for joint accounts?
Yes
J5.4.3. If yes, describe.
Scope of property interest. A third-party may seek review administratively or by court action claiming some or all of asset.
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, 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 or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
Two part process, Notice of Intent - Thirty (30) days to contest.
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J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your 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 holder challenge a Freeze and Seize action?
Misidentification Arrears not owed Asset is not owned by the obligor.
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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 is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
Thirty (30) days. No unique requirements. Non-debtor has option to challenge administratively or in court action. Obligor must challenge administratively.
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. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
Yes
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
15-21-5
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J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Yes
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J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
Upon demand, up to ninety (90) days.
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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. Describe any other administrative enforcement procedures your state may have.
None.
J8. 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.
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J10. Which of your state's enforcement remedies are available without judicial actions?
Most administrative process occur without judicial involvement.
J11. Describe your state's procedures for registering and enforcing another state's order.
Orders are registered upon filing with RI Family Court and are enforceable upon registration. Service is attempted on obligor for notice and confirmation process.
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
None, service is attempted on the obligor for notice and confirmation process.
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
No
J13.1. If yes, provide the statutory citation.

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J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Obligor must have overdue support. See 15-25-1 Rhode Island General Laws.
J15. To which credit bureaus does your state report an obligor's child support information?
All three (3) major credit bureaus: Equifax, Transunion, Experian.
J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
MSFIDM, FIDM, state benefits, state lottery and state income tax offsets. For all other liens the State of RI utilizes CSLN.
J19. What documentation does your state require to proceed with an AEI request?
J20. What mandatory data elements does your state need to process AEI requests?

For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
J21. Which additional data elements would aid your state in processing AEI requests?
J22. How many copies/sets of documents does your state require with an AEI request?
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
State law does not specify.
J25. What is the procedure for obtaining a certified copy of a court order?
The IV-D agency may submit a request to OCSS Central Registry or may request directly from RI Family Court, One Dorrance Plaza, Providence, RI 02903.
J26. What is the procedure for obtaining a certified payment record?
The IV-D agency submits the request to the OCSS Central Registry, 77 Dorrance Street, Providence, RI 02903.
J27. Is there a cost for requesting a certified copy of a court order or payment record?
There is not cost by this agency. RI Family Court may charge cost if requested directly by party or other IV-D agency.
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
Driver's license revocation if ninety (90) days cumulative in arrears since the last adjustment of orders. No low income or hardship exemptions.
J29. What triggers a driver's license revocation?
See answer to J28
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
No set dollar amount. See answer to J28.
J29.2 If yes, what is the amount?
J30. Under what conditions may a noncustodial party restore the driver's license?
Payment of arrears below the ninety (90) day amount; entry into written payment agreement with IV-D agency; successful ruling on Family Court Compliance hearing; modification by RI Family Court.
J30.1 What is the process for restoring a driver's license?
IV-D agency will issue a Letter of Compliance, the obligor must then contact the RI Department of Motor Vehicles, Operator Control directly.
J31. Does your state allow temporary or conditional driver's licenses?
No
J31.1 If yes, what are the conditions?
Not in the context of license revocation due to support non-payment.
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
Generally, attorneys have discretion to direct release of administrative hold on license to maximize support payment.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
J33.2 What is the dollar amount?
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
J36.2 What is the dollar amount?
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
J38.2 What is the dollar amount?
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
Yes.
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
Yes, if paid from claim by NCP; only up to the monthly support obligation, and paid for that specific period. Court action is still required to modify the order.

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every three (3) years, when current support assigned; every three (3) years upon request when current support unassibned.
For Additional Information - No Link Provided
K2. Briefly describe your state's modification procedure.
On request of CP, NCP for non-TANF cases; upon request of state and or automatically for TANF cases. Motion for Review and Adjustment filed with Family Court.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
Judicial process. IV-D agency files the action in court as long as the criteria listed below is met.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
Yes
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
No
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
Additional minor children; any substantial change in circumstances with the resulting calculation changing order by 10%.
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
K6. How does your state credit SSA disability to current and past-due support?
SSDI dependency benefits are credited against the current months support obligation, month by month.
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
No
K7.1. If yes, explain the circumstances?
There is no automatic abatement; a motion must be filed with court. Modification prior to date of notice to opposing party is prohibited. Narrow exception fro retroactive relief if all children under the order have left the possession of the CP.
K7.2. What is the statutory citation for your abatement law?
Judicial determination when a parent is incarcerated. Narrow exception created by case law, not statute. See Torti v. Torti, 620A2d1264(R.I. 1993)
For Additional Information - No Link Provided
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.

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K7.4. What information does your state need 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
K8. What information does your state require to register an out-of-state order for enforcement/modification?
Transmittal #1, Child Support Agency Confidential Information Form, Letter of Transmittal Registering Registration, Certified copy of order, sworn/certified statement of arrears, name of obligor and confirmed RI address.
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Yes.
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
Current support plus arrears.
K10. What circumstances will cause your state to end child support before the normal duration? **
When the child is no longer in the possession of the custodial parent, is legally emancipated or death.

L. Payments

L1. Does your state define a lump sum payment?
No
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
L1.2 Provide the statutory citation.

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L2. Does your state law require employers to report lump sum payments?
No
L2.1 If yes, give the statutory citation or rule.

For Additional Information - No Link Provided
L3. Are employers required to report lump sum payments 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?
However, if a lump sum payment corresponds to a period of employment, payment may be subject to IWO.
L4. How are employers instructed to report a pending lump sum?
Typically when employer has an IWO on record and they know of a pending lump sum they will contact the agency to check if there is still an arrearage.
L5. What is 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. Does your state use the income-withholding order to attach the lump sum payment?
No
L7. Does your state use the lien/levy process to attach lump sum payments?
Yes
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
Notice of Intent to Lien, Notice to Lien, Notice to Levy
L8. What other documents does your state use to attach lump sum payments?
Court ordered Lien and restraining order.
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
No
L9.1. If yes, what are those limits?
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
No, unless required by Federal Law.
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L9.3. If yes, what are those limits?
L9.4. If no, what percentage is the employer required to withhold?
Up to the lien amount.
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes
L10.1 If yes, would the employer only withhold for that period's obligation?
If lump sum is exempt from CCPA, then only wages would be subject.
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
Rhode Island does not use a vendor for direct deposits.
L12. Does your state have a debit card program?
Yes
L12.1 If so, specify the vendor.
Key Bank
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
No
L13.1 If so, are there fees involved?
L14. What are the fees associated with using the card?
$1.95 per transaction at an
L15. How does your state collect child support payments from an obligor? **
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
L18. Does your state process electronic payments in international cases? **
L18.1 If so, describe the process. **
L19. What is your state's International Bank Account Number (IBAN)? **

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

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M1.1. Additional information on the CCPA.

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M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether 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.
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M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
Last Name, DOB.
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
$3000
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, 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. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
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?
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
N/A
M3.1. Provide the statutory citation.
N/A
For Additional Information - No Link Provided
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
M5.1. 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 for the obligor and what is its length? Give the statutory citation.
Yes 45 days
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M6. Are there attorney fees associated with the insurance intercept activity?
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?

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17)
N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18)