2020 -- H 7429 | |
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LC004012 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO DOMESTIC RELATIONS - DIVORCE PROCEEDINGS - SUPPORT FOR | |
CHILDREN | |
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Introduced By: Representatives Williams, Ajello, Vella-Wilkinson, Almeida, and | |
Date Introduced: February 05, 2020 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 15-13-3.1 of the General Laws in Chapter 15-13 entitled "Divorce |
2 | or Separation Proceedings - Support for Children Receiving Public Assistance" is hereby |
3 | amended to read as follows: |
4 | 15-13-3.1. Enforcement procedures. |
5 | (a) In any proceeding brought for failure to make support payments as ordered by the |
6 | court, upon a showing that the payments are more than forty-five (45) days overdue, the family |
7 | court may grant an order directing that an execution issue against the wages, debts, earnings, |
8 | salary, income from trust funds, or profits of the parent responsible for support for the full amount |
9 | of both the arrears payments and for the satisfaction of current support and maintenance payments |
10 | until further order of the family court, notwithstanding any statutory limitation on executions |
11 | issued against the wages, earnings, salary, or other income of the judgment debtor, and the |
12 | execution shall have priority over any other executions. |
13 | (b) No employer shall discharge an employee because his or her wages are subject to |
14 | execution in accordance with this section or shall discriminate in hiring because of a potential |
15 | execution. |
16 | (c) An employer, in remitting wages levied upon a judgment or order of support, may |
17 | make a two dollar ($2.00) deduction to defray his or her bookkeeping expenses for each paycheck |
18 | levied upon out of the funds ordered for support. |
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1 | (d) In any proceeding brought for failure to make support payments, upon a showing that |
2 | the payments are more than forty-five (45) days overdue, the family court may grant an order |
3 | directing that an execution issue against the interest of the responsible parent in and to any real |
4 | estate or personal property within the jurisdiction of the family court whether that interest is held |
5 | individually or jointly with others, and the execution shall have priority over any other executions |
6 | or attachments except as prescribed by applicable federal or state statutes. |
7 | (e) The execution shall attach to all real and personal property of the responsible parent |
8 | when it is recorded with the recorder of deeds for the city or town in which the real estate is |
9 | located or with the appropriate office for a notice with respect to personal property. The |
10 | department of administration, division of taxation, child support enforcement agency, shall not be |
11 | required to pay a recording fee. |
12 | (f) Whenever an execution has been filed and there is in the possession of any person |
13 | having notice of the execution any property which may be subject to the execution, the property |
14 | shall not be paid over, released, sold, transferred, encumbered, or conveyed unless a release or |
15 | waiver signed by the director has been delivered to the person in possession or the family court |
16 | has ordered the release of the execution. |
17 | (g) Any person who fails to honor an execution shall be liable to the person entitled to |
18 | receive the support payments in an amount equal to the debt, which is the basis of the execution, |
19 | together with costs, interest, and reasonable attorney fees. |
20 | (h) Any judgment or order for support issuing from a court of competent jurisdiction of |
21 | any other state, which passes legislation similar to this chapter and provides for reciprocity to this |
22 | state, shall have the same force and effect as if the judgment or order originated from the Rhode |
23 | Island courts. |
24 | (i) Interest at the rate of twelve (12%) per annum on any support debt due or owing may |
25 | be assessed by operation of law unless the responsible parent shall, for good cause shown, be |
26 | relieved of the obligation to pay the interest by the family court. |
27 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO DOMESTIC RELATIONS - DIVORCE PROCEEDINGS - SUPPORT FOR | |
CHILDREN | |
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1 | This act would eliminate any award of interest by the family court in any enforcement |
2 | proceeding resulting in a judgment or order for failure to make child support payments. |
3 | This act would take effect upon passage. |
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