Chapter 298
2008 -- H 7983
Enacted 07/05/08
A N A C T
RELATING
TO PROBATE PRACTICE AND PROCEDURE -- CLAIMS
Introduced
By: Representatives Jackson, Lewiss, and Scott
Date
Introduced: February 26, 2008
It is enacted by the General Assembly as
follows:
SECTION 1. Chapter
33-11 of the General Laws entitled "Claims Against Decedents'
Estates" is hereby amended by adding
thereto the following section:
33-11-51.
Survival of child support obligations -- Enforcement of claims -- Child
support public policy. – (a) It is the public
policy of the state of Rhode Island that dependent
children shall be maintained and supported, as
completely as possible, from the resources of their
parents thereby relieving or avoiding, to the
fullest extent, the burden borne by the citizens of the
state.
(b) In
furtherance of said policy and not withstanding any conflicting statute or
prior case
law, it is declared that a parent's legally
enforceable obligation to pay child support, past and
future:
(1) continues
until the child's eighteenth (18th) birthday or such later date or event set
forth in the family court's decree of child
support;
(2) is not
extinguished by but survives the parent's death;
(3) is
enforceable as a priority creditor's claim from the deceased parent's probate
estate;
(4) is
enforceable by imposition of a constructive trust over the deceased parent's
non-
probate assets by equity petition in the
superior court to the extent of any deficiency from the
deceased parent's probate estate;
(5) takes
precedence over and must be satisfied prior to any distribution of the deceased
parent's probate assets by intestacy or by will;
and
(6) cannot be nullified
by disinheriting the child, however, a parent may exercise
testamentary discretion and disinherit a child
subject to the prior satisfaction of all his or her child
support obligations, accrued and future.
(c) The family
court may modify child support obligations only for a substantial change
in circumstances while the child is a minor and
the parent with the obligation to support the child
is alive. After said parent's death, the probate
or superior court, as the case may be, shall hear and
determine the child's claim and may award:
(1) delinquent
and/or accrued child support to the date of the parent's death, with interest
therein at the statutory rate; and
(2) future or prospective
child support until the child's eighteenth (18th) birthday or such
later date or event set forth in the family
court's decree of child support, offset by social security
benefits payable to or for the child by reason
of the parent's death, and discounted to present
value.
SECTION 2. Section
33-12-11 of the General Laws in Chapter 33-12 entitled "Payment
of Decedents' Debts and Charges" is hereby
amended to read as follows:
33-12-11.
Order of preference of debts. -- (a) If the estate of a decedent is
insufficient
to pay his or her debts, the same, after
deducting the charges of administration, and any property
as is set off and allowed to the widow and
family, shall be applied to the payment of his or her
debts and charges in the following order:
(1) The necessary
funeral charges of the deceased.
(2) The necessary
expenses of his or her last sickness.
(3) Debts due to
the United States.
(4) Debts due to
this state, and all state and town taxes.
(5) Past and
future child support obligations pursuant to section 33-11-51.
(5) (6)
Wages of labor performed within six (6) months next prior to the death of the
deceased person, not exceeding one thousand
dollars ($1,000) to any one person.
(6) (7)
Proceeds due the Rhode Island state lottery pursuant to section 42-61-6.2.
(7) (8)
Other debts filed within six (6) months of the first notice.
(8) (9)
All other debts.
(b) If there is
not sufficient property to pay all the debts of any class, the creditors of
that
class shall be paid ratably upon their
respective claims; and no payment shall be made to creditors
of any class until all of those of the preceding
class or classes have been paid in full.
SECTION 3. This
act shall take effect upon passage.
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LC01302
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