It is enacted by the General Assembly as follows:

SECTION 1. Sections 15-5-16.2, 15-5-16.2.5, 15-5-16.7, 15-5-24, 15-5-25, 15-5-26, and 15-5-27 of the General Laws in Chapter 15-5 entitled "DIVORCE AND SEPARATION" are hereby amended to read as follows:

15-5-16.2. Child support. -- (a) In a proceeding for divorce, divorce from bed and board, a miscellaneous petition without the filing of divorce proceedings, or child support, the court shall order either or both parents owing a duty of support to a child to pay an amount based upon a formula and guidelines adopted by an administrative order of the family court. If, after calculating support based upon court established formula and guidelines, the court, in its discretion, finds the order would be inequitable to the child or either parent, the court shall make findings of fact and shall order either or both parents owing a duty of support to pay an amount reasonable or necessary for the child's support after considering all relevant factors including, but not limited to:

(1) The financial resources of the child;

(2) The financial resources of the custodial parent;

(3) The standard of living the child would have enjoyed had the marriage not been dissolved;

(4) The physical and emotional condition of the child and his educational needs; and

(5) The financial resources and needs of the non-custodial parent.

(b) The court may, if in its discretion it deems it necessary or advisable, order child support and education costs for children attending high school at the time of their eighteenth birthday and for ninety (90) days after graduation, but in no case beyond their nineteenth birthday.

(c) The court may, if in its discretion it deems it necessary or advisable, appoint an attorney or a guardian ad litem to represent the interest of a minor or dependent child with respect to his or her support, custody, and visitation. The court shall enter an order for costs, fees, and disbursements in favor of the child's attorney. The order shall be made against either or both parents. After a decree for support has been entered, the court may from time to time upon the petition of either party review and alter its decree relative to the amount of support and the payment thereof, and may make any decree relative thereto which it might have made in the original suit. The decree may be made retroactive in the court's discretion {DEL to the date that the DEL} {ADD only to the date that notice of a petition to modify was given to the adverse party if the ADD} court finds that a substantial change in circumstances has occurred; provided however, the court shall set forth in its decision the specific findings of fact which show a substantial change in circumstances and upon which findings of facts the court has decided to make the decree retroactive.

(d)(1) In a proceeding to enforce a child support order, or a spousal support order for a custodial parent having custody of a minor child, the court or its master may assign to the obligee such tangible personal property of the obligor as will be sufficient to satisfy the child or spousal support arrearage owed. The court or its master, after hearing, shall establish the amount of the child or spousal support arrearage, and the nature and value of the tangible personal property. To effect the assignment, the court or its master may order the obligor to execute and deliver the documents of title which may be necessary to complete the transfer of title to the property, and may order the obligor to deliver possession of the property to the obligee. Whenever the obligor fails to comply with the order assigning the property, the order of assignment shall be regarded as a judgment vesting title to the property in the obligor as fully and completely as if the obligor had executed and delivered the documents of title.

(2) Any order for child support issued by the family court shall contain a provision requiring either or both parents owing a duty of support to a child to obtain health insurance coverage for the child when coverage is available to the parent or parents through their employment without cost or at a reasonable cost. Any existing child support orders may be modified in accordance with the provisions of this subsection unless the court makes specific written findings of fact that take into consideration the best interests of the child and conclude that such an order would be unjust or inappropriate in a particular case.

(e) In a proceeding to establish paternity or support, the court in its discretion may, after opportunity for hearing, issue a temporary order for child support payable into the registry of the court and to be held pending entry of judgment. In the event of a final adjudication requiring no payment or payments in an amount less than those payments which have been made pursuant to a temporary order under this section, the defendant shall be entitled to a refund of all or a portion of the amounts so paid.

(f) In any proceeding to establish support for a child or children receiving public assistance pursuant to chapter 40-5.1 of the general laws, the court or its master, upon a finding that an able bodied absent parent is unemployed, underemployed or otherwise lacks sufficient income or resources from which to make payment of support equal to the public assistance payment for the child or children, shall order such parent to perform unpaid community service for at least twenty (20) hours per week through community service placements arranged and supervised by the department of human services and/or the division of taxation within the department of administration.

(g) In any proceeding to establish support for a minor child whose adjudicated parent is a minor (minor-parent), the court or its master may order a grandparent of the minor child to reimburse the department of human services in an amount not to exceed the total amount of cash assistance benefits paid to or for the minor child pursuant to chapter 40-5.1 until such minor-parent reaches the age of eighteen (18), less any payment made to the department by such minor parent.

It is hereby declared that the obligation of reimbursement for such minor child shall be the joint and several responsibility of the minor parent and the grandparent(s) until the minor parent reaches the age of eighteen (18) and provided, however, that each joint obligor shall have a right of contribution against each joint obligor, which right shall be enforceable by an action in the family court. [See Section 12-1-15 of the General Laws]

{ADD (h) All support orders established or modified in the state on or after October 1, 1998, shall be recorded with the Rhode Island family court/department of administration, division of taxation child support computer enforcement system which maintains the official registry of support orders entered thereon in accordance with applicable administrative orders issued by the Rhode Island family court. The support order shall be recorded whether or not services are being provided under the IV-D state plan. ADD}

{ADD Each party to a paternity or child support proceeding shall be required to file with the family court, upon the entry of the order, the appropriate form as provided by family court which includes the full name of the parties, residential and mailing address, telephone number, drivers license number, social security number and the name, address and telephone number of the employer. The form shall also include the full order amount and date and amount of arrearages if any, the name of the child(ren), their date of birth, address and social security number and any other information as required by administrative order. ADD}

{ADD Thereafter, each party is required to file an amended form whenever any of the information contained on the original form has been changed in any way, within ten (10) days of the change. The information shall be entered in the child support enforcement computer system within five (5) business days of receipt of the amended form. ADD}

{ADD In any subsequent child support enforcement action between the parties, upon sufficient showing that diligent effort has been made to ascertain the location of such a party, the court may deem state due process requirements for notice and service of process to be met with respect to the party, upon service by first class mail or, where appropriate, by service as specified in the Rhode Island rules of procedure for domestic relations for the Family Court of Rhode Island, of written notice to the most recent residential or employer address of record. ADD}

15-5-16.2.5. Notification to obligor's employer of existence of order for health care insurance coverage. -- Whenever the department of human services, {ADD and/or the department of administration, division of taxation, ADD} on its own information or on account of a claim by an obligee, determines that an obligor parent has failed to comply with a judgment or order for health care insurance coverage issued pursuant to section 15-5-16.2, and the insurance is available to the obligor through his or her employer {ADD at no cost ADD} or at reasonable cost, the department shall send notice of the judgment or order to the obligor's employer. The judgment or order shall operate to enroll the minor child or children as fully and completely as if the obligor had executed a document authorizing the enrollment, and upon receipt of notice of the judgment or order from the department, the employer or provider of health care insurance shall, {ADD within thirty (30) days, and ADD} subject to the provisions of its contract and consistent with the provisions of the support order, enroll the child or children whether or not the employee has signed an enrollment application. In the event that the employer's benefit plan provides options as to health care plans or coverages, the employer shall choose the least expensive option available to the employee.

[See section 12-1-15 of the General Laws].

{ADD In the event the employee does not have health care insurance coverage available, the employer shall, within thirty (30) days, notify the department in writing of that fact. ADD}

{ADD The failure of the employer to enroll the minor child or children in the health care plan, as designated herein, or, to notify the department that health care coverage is not available, within thirty (30) days, shall be punishable by a civil penalty to be assessed by the family court or the department of administration, division of taxation in the amount of one hundred dollars ($100.00) for each failure, and the employer shall be required to provide such information. ADD}

15-5-16.7. Review of child support orders. -- {DEL (a) DEL}For purposes of this section, a child support order shall mean a child support order enforceable pursuant to the Rhode Island state plan for support enforcement as further defined in section 15-16-5(a).

{DEL (b) Whenever the family court establishes or modifies a child support order as defined in subsection (a), the family court shall continue the matter for further review to a date certain within three (3) years next following the date of the new or modified child support order. Upon review by the court and a finding that a substantial change in circumstances has occurred, the court may modify the child support order, and the modification shall be given prospective but not retroactive effect. The periodic review of child support orders provided by this section is in addition to, and not in substitution for, the opportunity for review provided in section 15-5-16.2(c). DEL}

{ADD (a) Every three (3) years from the date the child support order was established or modified, and upon the request of either party, or if there is an assignment under section 40-6-9 upon the request of the state, the court shall review and, if appropriate adjust the order in accordance with the child support guidelines if the amount of the child support award, under the order differs from the amount that would be awarded in accordance with the guidelines. The adjustment of the order shall be made under subsection (a) without a requirement for proof or showing of a change in circumstances. The periodic review of child support orders as provided in (a) is in addition to the opportunity for review provided in section 15-5-16.2(c). ADD}

{ADD (b) In the case of a request for a review before the three (3) year period, the amount of support may, in the court's discretion, be modified if the court finds that a substantial change in circumstances has occurred in accordance with section 15-5-16.2. The court in its discretion may modify a child support order retroactively only to the date that notice of a petition to modify was given to the adverse party if the court finds that a substantial change in circumstances has occurred, provided however, the court shall set forth in its decision the specific findings of fact which show a substantial change in circumstances and upon which findings of facts the court has decided to make the decree retroactive. ADD}

15-5-24. Support -- Wage assignment procedures. -- (a) {DEL Each judgment containing support provisions and each order for support issued by the family court of this state shall include an order directing the obligor to assign the income defined in this section as currently due or to be due in the future to the obligor from a garnishing agent as defined in this section to the clerk of the family court where the judgment is granted or the order issued, in such amount as will be sufficient to meet the support payments imposed by the court. This assignment shall take effect when the obligor has failed to make a support payment in full within fourteen (14) days of the due date or, if the court finds that the obligor has a history of non-support or is likely to default on the timely payment of child support, the court shall, with respect to child support orders only, order the assignment to take effect immediately. Unless the assignment is to take effect immediately, the assignment shall take effect on the fourteenth (14th) day following the date of application to the court by the person or agency entitled to receive the support payments when the requirements of this section have been met. No assignment shall become effective unless the obligor has been given notice, by way of the pleadings or otherwise, of the exemptions to which he or she may be entitled under the law and the procedure for asserting these exemptions. The application shall be a sworn statement by the person or agency entitled to receive the support payments, which states that the obligor has failed to make a support payment in full within fourteen (14) days of the due date of the payment , shall bear the signature or facsimile signature of the clerk, shall be under the seal of court, contain the name and address of the court and the names of the parties, the date, time, and place within which the obligor is required to appear and defend, shall notify the obligor of the effective date of the assignment, and that in the event of his or her failure to appear and defend the application will be granted by default, and that the clerk shall, upon presentation by the applicant, enter an order for assignment of income. It shall be the continuing duty of the obligor to provide the family court with his or her address and the name and address of his or her employer. DEL} {ADD With respect to a support order issued, enforced, or modified on or after January 1, 1994, the income of an obligor shall be subject to immediate income withholding under chapter 16 of this title on the effective date of the order, regardless of whether support payments by such obligor are in arrears; provided that the income of the obligor shall not be subject to immediate income withholding (1) if a judge or master of the family court finds that there is good cause not to require immediate income withholding or (2) if the obligor and obligee (and the department in the case of an obligee subject to an assignment of support rights under section 40-6-9) enter into a written agreement or the family court enters an order which provides for an alternative agreement for the timely payment of support due under the support order. ADD}

(b) {DEL The application shall be filed by the applicant with the clerk of the family court. Upon filing of the application, the clerk shall assign the application for hearing three (3) days prior to the effective date of the assignment stated in the application; provided, that if the assignment date does not fall on a court business day, the assignment shall then be heard on the next available court date prior to the fourteenth (14th) day. Garnishment under this statute is intended to be an expedited process, therefore continuances shall only be granted by the court for a compelling reason. The applicant shall cause the obligor to be personally served with a true copy of the application, or, in the alternative, the applicant shall send a true copy of the application to the obligor, by certified or registered mail postmarked no later than two (2) days following the date of filing of the application. The clerk may enter an order and assignment of income by default upon proof of service and the failure of the obligor to appear and defend on the date assigned for hearing. DEL}{ADD The obligor shall be given the notice by way of the pleadings or otherwise, that his or her income is subject to immediate income withholding as provided in subsection (1) above, that the maximum amount of income to be withheld may not exceed the limit permitted under section 303(b) of the Consumer Credit Protection Act (15 U.S.C. 1673(b)), and that he or she may contest immediate income withholding, and assert any defenses, exceptions or exemptions to which he or she may be entitled, at a hearing before a judge or master of the family court. ADD}

(c) {DEL If at the hearing the obligor establishes that extraordinary circumstances prevented fulfillment of the support obligation and that these circumstances are beyond the control of the obligor, the court may direct that the assignment be delayed until such time, as another payment is missed. If a delay is granted, the assignment shall, upon application, go into effect if the obligor fails to make in full any payment within fourteen (14) days of its due date. DEL} {ADD An immediate income withholding order issued under this section shall be filed by the obligee or the department of administration, division of taxation, child support enforcement with the clerk of the family court and shall be subject to the provisions of sections 15-16-9 through 15-16-12. ADD}

(d) {DEL An assignment DEL} {ADD A wage withholding ADD} made under this section shall be binding upon a {DEL garnishing DEL} {ADD wage withholding ADD} agent one week after service upon the {DEL garnishing DEL} {ADD wage withholding ADD} agent of {DEL a true copy of the assignment signed by the obligor and annexed to a copy of the order, DEL} {ADD the wage withholding ADD} by personal service or by registered or certified mail, until further order of the court. For purposes of this chapter, the term "employer" includes the state and federal governments and the political subdivisions of the state. The {DEL garnishing DEL} {ADD wage withholding ADD} agent shall remit to the clerk of the family court, {ADD or such other remittee, ADD} within {DEL ten (10) DEL} {ADD seven (7) ADD} days of the date of withholding, the amount withheld pursuant to the {DEL assignment DEL} {ADD wage withholding ADD} and the {DEL garnishing DEL} {ADD wage withholding ADD} agent shall specify the date and amount of each withholding included in the remittance{DEL . DEL}{ADD , the social security number of the obligor, the child support account number, the employee's name and any other information as required if electronic transfer is utilized. ADD} The {DEL garnishing DEL} {ADD wage withholding ADD} agent may combine withheld amounts from two (2) or more obligors into a single payment, provided that the withholding agent separately identifies the individual obligors and the amount attributable to each obligor.

(e) The {DEL garnishing DEL} {ADD wage withholding ADD} agent may not use {DEL these assignments DEL} {ADD the wage withholding ADD} as a basis for the discharge of an employee or for any disciplinary action against the employee.

(f) The {DEL garnishing DEL} {ADD wage withholding ADD} agent must notify the clerk of {ADD the family ADD} court {DEL entering the assignment order, DEL} in writing, of the termination of the obligor employee's employment within {DEL thirty (30) DEL} {ADD ten (10) ADD} days of termination. Notice must include the name and address of the obligor employee's new employer if known.

(g) {DEL Any assignment DEL} {ADD A wage withholding ADD} under this section shall have priority over any attachment, execution, garnishment, or wage assignment unless otherwise ordered by the court. {DEL Any assignment DEL} {ADD A wage withholding ADD} under this section shall not be subject to any specific or general statutory exemption or limitation prohibiting levy, execution, assignment, or attachment process or limiting the amount subject to assignment levied against the income of the obligor employee except as provided by federal law.

(h) The family court shall be authorized and directed to promulgate rules, regulations, and forms reasonably calculated to apprise the obligor of exemptions available to him or her under the law with respect to a family court {DEL assignment DEL} {ADD wage withholding ADD}and the procedure for asserting these exemptions.

(i) A {DEL garnishing DEL} {ADD wage withholding ADD} agent may deduct two dollars ($2.00) from the obligor's remaining income for each payment made pursuant to an {DEL assignment DEL} {ADD wage withholding ADD} under this section to cover the {DEL garnishing DEL} {ADD wage withholding ADD} agent's expenses involved in the {DEL assignments DEL}{ADD wage withholdings ADD}.

(j) The obligor shall pay all costs involved in the {DEL assignments DEL}{ADD wage withholdings ADD}.

(k) The justices or master(s) of the family court shall enter, when appropriate, an order for payment of reasonable counsel fees for the prosecution of the {DEL assignments DEL}{ADD wage withholdings ADD}.

(l) Any judgment or order of support issuing from a court of competent jurisdiction of any state {DEL which has a law similar to this section and section 15-5-25, providing for reciprocity to this state, DEL} shall have the same force and effect as if the judgment or order issued from the Rhode Island family court.

(m) For purposes of this section and sections 15-5-25 and 15-5-26, the following definitions shall apply:

(1) "Income" shall include amounts paid or payable to an obligor as:

(i) Compensation paid or payable for personal services whether denominated as wages, salary, commission, bonus, or otherwise, whether taxable or not taxable, and specifically including periodic payments pursuant to pension or retirement programs or insurance policies of any type; and

(ii) Benefit payments or other similar compensation paid or payable to the obligor by or through a department, agency, or political subdivision of the state or federal government, or by an insurance company, including unemployment compensation benefits, workers' compensation benefits, and temporary disability benefits, except where garnishment or attachment of such benefit payments is prohibited by federal law.

(2) "{DEL Garnishing DEL} {ADD Wage withholding ADD} agent" means any person, firm, partnership, corporation, association, trust, federal or state agency, department, or political subdivision, paying or obligated to pay income, as defined in this subsection, to an obligor of court ordered child support.

{DEL 15-5-25. Alternative procedure to withhold and transmit earnings. DEL}{ADD-- 15-5-25. Application for wage withholding -- Obligor in arrears. -- ADD} (a)(1) In cases where {DEL an assignment DEL} {ADD< a wage withholding ADD} has not been secured pursuant to section 15-5-24 upon application of the child or of any person having a direct interest in the welfare of the child, or any person to whom support is owed pursuant to court order, the court, pursuant to this section and upon a showing that a support payment has not been made in full within fourteen (14) days of its due date, may order a {DEL garnishing DEL} {ADD wage withholding ADD} agent of the obligor:

(i) To withhold from the obligor's income presently due and from future income as it becomes due amounts which shall satisfy the obligor's previous arrearage in support payments, the obligor's obligation to pay support as it accrues in the future, and any attorney's fees that may be awarded in a proceeding under this section;

(ii) To deduct from the balance of the obligor's income a fee of two dollars ($2.00) to cover the employer's expenses involved in withholding and transmitting the support payment;

(iii) To remit the amount withheld under subsection (a) to the clerk of {ADD the family ADD} court {ADD or such other remittee ADD} entering the order, within {DEL ten (10) DEL} {ADD seven (7) ADD} days of the date of withholding, and to specify the date and amount of each withholding included in the remittance{DEL . DEL}{ADD , the social security number of the obligor, the child support account number, the employee's name, and any other information as required if electronic transfer is utilized. ADD} The {DEL garnishing DEL} {ADD wage withholding ADD} agent may combine withheld amounts from two (2) or more obligors into a single payment, provided that the {DEL garnishing DEL} {ADD wage withholding ADD} agent separately identifies the individual obligors and the amount attributable to each obligor;

(iv) To refrain from dismissing, disciplining, or in any way penalizing the obligor employee on account of the proceeding to collect support, on account of any order or orders entered by the court in the proceeding, and on account of {DEL garnishing DEL} {ADD wage withholding ADD} agent compliance with the order or orders; and

(v) To notify in writing the clerk of {ADD the family ADD} court entering the order of the termination of the obligor's employment and the name and address if known of the obligor's new employer within {DEL thirty (30) DEL} {ADD ten (10) ADD} days after termination of employment.

(2) The application may be filed as part of any proceeding brought for failure to make support payments or may be made independently of any other support enforcement action.

(b) Upon the filing of an application {DEL to withhold and transmit income DEL} {ADD for wage withholding ADD} the court shall set a time for a hearing. The hearing shall be held within three (3) weeks of the date the application is filed with the court. No {DEL assignment DEL} {ADD wage withholding ADD} shall become effective unless the obligor has been given notice, by way of the pleadings or otherwise, of the exemptions to which he or she may be entitled under the law and of the procedure for asserting these exemptions.

(c) The applicant shall then cause to be served on the {DEL garnishing DEL} {ADD wage withholding ADD} agent a copy of the application, a notice of hearing, and interrogatories to be completed and returned by the {DEL garnishing DEL} {ADD wage withholding ADD} agent to the court no later than three (3) days prior to the hearing. The interrogatories when completed shall show whether the obligor receives income from or is an employee of the employer, whether the obligor performs work and provides services or makes sales in this state, the present length of employment of the obligor with the {DEL garnishing DEL} {ADD wage withholding ADD} agent, the present pay period for the obligor, the average earnings of the obligor per pay period, and the name and address of the person, office, or division of the {DEL garnishing DEL} {ADD wage withholding ADD} agent responsible for the preparation of the obligor's income payments.

(d) The applicant shall also cause to be served on the obligor a copy of the application and a notice of hearing.

(e) Service under this section shall be personally or by mailing by registered or certified mail the documents required to be served.

(f) Any order {DEL to withhold and transmit income DEL} {ADD for wage withholding ADD} under this section shall have priority over any attachment, execution, garnishment, or wage assignment unless otherwise ordered by the court. Any such order shall not be subject to any specific or general statutory exemption or limitation prohibiting levy, execution, assignment, or attachment process or limiting the amount of executions issued against the income of the obligor except as provided by federal law.

{DEL 15-5-26. Duties and liabilities of employer under income assignment order or order to withhold and transmit earnings. DEL}{ADD 15-5-26. Duties and liabilities of employer under income assignment order or order for wage withholding. -- ADD} (a) Any {DEL garnishing DEL} {ADD wage withholding ADD} agent failing to comply with any requirements in sections 15-5-24 and 15-5-25 may be punished by the court for civil contempt. The court shall first afford the {DEL garnishing DEL} {ADD wage withholding ADD} agent a reasonable opportunity to purge itself of contempt.

(b) Any {DEL garnishing DEL} {ADD wage withholding ADD} agent {ADD wage withholding ADD} agent who shall fail or refuse to deliver income pursuant to an order under sections 15-5-24 and 15-5-25, when the {DEL garnishing DEL} {ADD wage withholding ADD} agent has had in its possession the income, shall be personally liable for the amount of the income which the {DEL garnishing DEL} {ADD wage withholding ADD} agent failed or refused to deliver, together with costs, interest, and reasonable attorney's fees.

(c) Any {DEL garnishing DEL} {ADD wage withholding ADD} agent who dismisses, demotes, disciplines, or in any way penalizes an obligor on account of any proceeding to collect support, on account of any order or orders entered by the court in the proceeding, or on account of the {DEL garnishing DEL} {ADD wage withholding ADD} agent's compliance with the order or orders, shall be liable to the obligor for all damages, together with costs, interest thereon, and reasonable attorney's fees resulting from the action, and shall be subject to a fine not to exceed one hundred dollars ($100). The {DEL garnishing DEL} {ADD wage withholding ADD} agent shall be required to make full restitution to the aggrieved obligor including reinstatements and back pay.

(d) A {DEL garnishing DEL} {ADD wage withholding ADD} agent may be enjoined by a court of competent jurisdiction from continuing any action in violation of sections 15-5-24 and 15-5-25.

(e) Any proceeding against a {DEL garnishing DEL} {ADD wage withholding ADD} agent under this section must be commenced within ninety (90) days after the a {DEL garnishing DEL} {ADD wage withholding ADD} agent's act or failure to act upon which the proceeding is based.

(f) Compliance by a {DEL garnishing DEL} {ADD wage withholding ADD} agent with an order issued under sections 15-5-24 and 15-5-25 operates as a discharge of the {DEL garnishing DEL} {ADD wage withholding ADD} agent's liability to the obligor as to that portion of the obligor's income so affected.

{DEL 15-5-27. Order for assignment or to withhold and transmit income -- Duration -- Revocation or modification. -- DEL}{ADD 15-5-27. Order for wage withholding -- Duration. -- ADD} {DEL An order for assignment under section 15-5-24 or to withhold and transmit income under section 15-5-25 shall remain in effect until modified or revoked by the court. Except for assignments ordered by a judge pursuant to section 15-5-24 of the general laws to take effect immediately, the order shall be revoked by the court upon an application when the obligor is not in arrears of any court ordered support as of the day of the application. The order may be modified or revoked by the court upon application and for good cause shown. All applications to revoke or modify shall be served upon the garnishing agent and all persons having an interest in the order by certified or registered mail, addressed to the last known addresses of such persons. DEL} {ADD An order for wage withholding under sections 15-5-24 and 15-5-25 shall remain in effect until modified or terminated by the court. ADD}

SECTION 2. Sections 15-8-3, 15-8-8.1, 15-8-11, 15-8-15, and 15-8-20 of the General Laws in Chapter 15-8 entitled "UNIFORM LAW ON PATERNITY" are hereby amended to read as follows:

15-8-3. Presumption of paternity. -- (a) A man is presumed to be the natural father of a child if:

(1) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court;

(2) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and:

(i) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within three hundred (300) days after its termination by death, annulment, declaration of invalidity, or divorce; or

(ii) If the attempted marriage is invalid without a court order, the child is born within three hundred (300) days after the termination of cohabitation;

(3) After the child's birth, he and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage could be declared invalid, and:

(i) He has acknowledged his paternity of the child in writing filed with the clerk of the family court;

(ii) With his consent, he is named as the child's father on the child's birth certificate; or

(iii) He is obligated to support the child under a written voluntary promise or by court order;

(4) He acknowledges his paternity of the child in a writing filed with the clerk of the family court, who shall promptly inform the mother of the filing of the acknowledgment, and she does not dispute the acknowledgment, within a reasonable time after being informed thereof, in a writing filed with the clerk of the family court. If another man is presumed under this section to be the child's father, acknowledgment may be effected only with the written consent of the presumed father or after the presumption has been rebutted. The written acknowledgment of paternity shall be admissible as evidence of paternity; or

(5) He has submitted to blood testing and the results thereof establish a conclusive presumption in accordance with section 15-8-11(e).

{ADD (6) A sworn acknowledgment of paternity of a child born out of wedlock is signed by both parents on forms prescribed in accordance with section 23-3-9 either at the department of human services or division of taxation within the department of administration, and is forwarded to the state registrar of vital records for the purpose of amending the birth certificate. Before signing the sworn acknowledgment of paternity, the parents shall be given written notice of their respective rights and responsibilities. The sworn acknowledgment of paternity becomes a conclusive presumption if there is no court challenge thereto within sixty (60) days of signing of the acknowledgment. The only defenses which may be raised to the signing of the acknowledgment after sixty (60) day period are fraud, duress or mistake of fact. ADD}

(b) Except for a conclusive presumption under subsection{ADD s ADD} (a)(5) {ADD and (a)(6) ADD}, a presumption under this section may be rebutted in an appropriate action only by a clear and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption which on its facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man.

15-8-8.1. Trial by court. -- The trial shall be by the court{ADD . ADD} {DEL unless trial by jury is claimed by either party within ten days after the filing of an answer in which event the trial shall be by jury. DEL}

15-8-11. Blood tests. -- (a) In a proceeding under this chapter before trial, the court, upon application made by or on behalf of any party to the action{DEL , DEL} {ADD and supported by sworn affidavit, ADD} or on its own motion, shall order that the mother, child, alleged father, and any other party to the action submit to blood or tissue typing tests which may include, but are not limited to, tests of red cell antigens, red cell isoenzymes, human leukocyte antigens, serum proteins, DNA and other genetic testing, to determine whether the alleged father is likely to be, or is not, the father of the child. {ADD The sworn affidavit must include a statement alleging paternity and setting forth facts establishing a reasonable possibility of sexual contact during the probable period of conception or a statement denying paternity and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact during the probable period of conception. ADD} {DEL If, at the trial in a proceeding under this chapter, it is shown that a party refused to submit to court ordered blood or tissue typing tests, the refusal shall be considered by the jury, or the court without a jury, along with all other evidence presented on the issue of paternity. DEL} In a proceeding to establish paternity and/or support brought pursuant to the Rhode Island state plan for child and spousal support enforcement, in conformance with title IV, part D of the federal Social Security Act [42 U.S.C. Section 651 et seq.],, if the alleged father denies paternity in response to a paternity complaint{DEL , DEL} {ADD and provides a sworn affidavit as provided herein, ADD} the division of taxation {DEL with DEL} {ADD within ADD} the department of administration shall {ADD have the authority to administratively order the parties to attend blood testing and ADD}schedule blood testing for the parties, of the type described herein, without the necessity of making application to the court, and the parties shall attend and submit to blood testing under penalty of default in accordance with section 15-8-18.1.

(b) A blood or tissue typing test shall be made by a person the court determines is qualified as an examiner of blood or tissue types.

(c) The court shall fix or approve the compensation of any expert at a reasonable amount, and may direct the compensation to be paid by the state, or by any other party to the case, or by both, in the proportions and at the times the court prescribes, and that, after payment by a party, all or part or none of the payment shall be taxed as costs in the action. Before the making of a blood or tissue typing test, the court may order any part or all of the compensation paid in advance.

(d) The result of a blood or tissue typing test and, if a determination of exclusion of paternity cannot be made, a calculation of the probability of paternity made by a person the court determines is qualified as an examiner of blood or tissue types based on the result of a blood or tissue typing test shall be admissible in evidence in the trial of the case. A written report of the test results, including a calculation of the probability of paternity or a determination of exclusion of paternity, prepared by the duly qualified expert conducting the test, or by a duly qualified expert under whose supervision or direction the test and analysis have been performed, certified by an affidavit duly subscribed and sworn to by him or her before a notary public, may be introduced into evidence without the need for foundation testimony or other proof of authenticity or accuracy and without the necessity of calling the expert as a witness, unless an objection challenging the test procedures or results has been filed within ten (10) days before any hearing at which the results may be introduced into evidence and a cash bond posted with registry of the family court in an amount sufficient to cover the costs of the duly qualified expert to appear and testify.

(e) If the results of the blood tests duly admitted into evidence establish a ninety-seven percent (97%) or greater probability of inclusion that a party is the biological father of the child, then that probability shall constitute a conclusive presumption of paternity.

15-8-15. Evidence relating to paternity. -- Evidence relating to paternity may include:

(1) Evidence of sexual intercourse between the mother and alleged father at any possible time of conception;

(2) {DEL An expert's opinion concerning the statistical probability of the alleged father's paternity based upon the duration of the mother's pregnancy; DEL}{ADD A written report of blood or tissue typing test results including a calculation of the probability of paternity as specified under section 15-8-11;

(3) Medical or anthropological evidence relating to the alleged father's paternity of the child based on tests performed by experts. If a man has been identified as a possible father of the child, the court may, and upon motion of a party shall, require the child, the mother, and the man to submit to appropriate tests; and ADD}

{DEL (3) DEL} {ADD (4) ADD} All other evidence relevant to the issue of paternity of the child{DEL . DEL}{ADD ; and ADD}

{ADD (5) Copies of bills for parentage testing, and for prenatal and postnatal health care of the mother and child may be introduced into evidence without the need for foundation testimony or other proof of authenticity or accuracy and without the necessity of calling the expert as a witness, unless an objection challenging the test procedures or results has been filed within ten (10) days before any hearing at which such results may be introduced into evidence and a cash bond posted with the registry of the family court in an amount sufficient to cover the costs of the duly qualified expert or witness to appear and testify. ADD}

{DEL 15-8-20. Bond to secure payment of judgment. -- DEL}{ADD 15-8-20. Bond. -- ADD}

{DEL The Court at anytime may require the alleged or adjudicated father to give bond or other security for the payment of any judgment which exists or may exist in the future. DEL}

{ADD In a proceeding to establish paternity, when the alleged father has submitted to blood testing and the blood test results establish a ninety seven percent (97%) or greater probability of inclusion that he is the biological father of the child, and upon motion, the court shall, after an opportunity for a hearing, issue a temporary order for child support payable into the registry of the court and to be held pending entry of judgment. In the event of a final adjudication requiring no payment or payments in an amount less than those payments which have been made pursuant to a temporary order under this section, the alleged father shall be entitled to a refund of all or a portion of the amounts so paid. The court at any time may require, in addition to the temporary order described herein, the alleged or adjudicated father to give bond or other security for the payment of any judgment which exists or may exist in the future. ADD}

SECTION 3. Chapter 15-8 of the General Laws entitled "Uniform Law on Paternity" is hereby amended by adding thereto the following section:

{ADD 15-8-28. Duty of parents to notify department. -- ADD} {ADDDuring the pendency of the paternity proceedings and throughout the duration of the child support order, the parents must notify the department of any change in address, phone number or place of employment within ten (10) days of said change. All notices and pleadings shall be mailed and/or served as appropriate to the most recent address of record. ADD}

SECTION 4. Section 23-3-9 of the General Laws in Chapter 23-3 entitled "VITAL RECORDS" is hereby amended to read as follows:

23-3-9. Form of certificates. -- (a) In order to promote and maintain uniformity in the system of vital records, the forms of certificates, reports, and other returns required by this chapter, or by regulations adopted hereunder, shall include as a minimum the items recommended by the federal agency responsible for national vital records subject to approval of and modification by the state director of health.

(b) Each certificate, report, and form required to be filed under this chapter shall have entered upon its face the date of registration duly attested.

(c) Every person required to sign any such certificate, report, or form, shall type or print his or her name and address where there is a place designated for the person's name and address. On death certificates, the cause of death shall be typed or printed in the space provided by the physician filling out the certificate.

{ADD (d) The state registrar of vital records shall maintain a record of the social security numbers of the bride and groom as it appears on the application for the marriage license unless the registrar finds good cause for not requiring the number. Said social security number shall be kept confidential and shall be disclosed only to the state agency responsible for administering the state's child support enforcement program. Social security numbers obtained pursuant to this section shall not be used for any purpose other than for the establishment and enforcement of child support orders, to the extent authorized by federal laws. ADD}

{ADD (e) The state registrar shall obtain the social security number of the deceased and said social security number shall appear on the death certificate unless the registrar finds good cause for not requiring the number. ADD}

SECTION 5. Sections 15-11.1-2, 15-11.1-3, 15-11.1-4, 15-11.1-6, 15-11.1-7 of the General Laws in Chapter 15-11.1 entitled "FULL ENFORCEMENT OF SUPPORT OBLIGATIONS" are hereby amended to read as follows:

15-11.1-2. Definitions. -- For the purposes of this chapter:

(1) "Board" means any bureau, board, or commission or other licensor that is affiliated with or is a part of the department of business regulation and any other state agency{ADD , ADD} {DEL or DEL} municipality{ADD , or licensor, ADD} that issues a license authorizing a person to engage in a {ADD recreational activity, ADD} business, occupation, profession, industry, or authorizes a person to operate a motor vehicle.

{DEL (2) "Compliance with a court order of support" means that the support obligor is no more than ninety (90) days in arrears in making payments in full for current support, in making periodic payments on a support arrearage pursuant to a written agreement with the department of human services or, in making periodic payments as set forth in a court order of support and has obtained or maintained health insurance coverage if required by a court order of support. DEL} {ADD (2) "Compliance with a court order of support" means that the support obligor has accrued no more than ninety (90) days worth of current support and/or no more than ninety (90) days worth of periodic payments due pursuant to a written agreement with the department or as set forth in a court order and/or has obtained or maintained health insurance coverage if required by a court order of support. ADD}

(3) "CSE system" means the Rhode Island family court/department of {DEL human services child support computer enforcement system, DEL} {ADD administration, division of taxation, child support enforcement system, ADD} which system maintains the official record of support orders and arrearages of all support orders entered thereon in accordance with applicable administrative orders issued by the Rhode Island family court.

(4) "Court order of support" means any judgment or order for the support of dependent children now or hereinafter recorded and maintained on the child support enforcement (CSE) system which has been issued by any court of the state or another state, including an order in a final decree of divorce or any judgment or order issued in accordance with an administrative procedure established by state law that affords substantial due process and is subject to judicial review.

(5) "Department" means the department of {DEL human services DEL} {ADD administration, division of taxation ADD}.

(6) {DEL "Director" means the director of the department of human services DEL}. {ADD "Administrator" means the tax administrator for the department of administration, division of taxation or his designee. ADD}

(7) "License" means any of the following: a license to operate a motor vehicle, a motor vehicle registration, a license, certification, registration, permit, approval, or other similar document evidencing admission to or granting authority to engage in a profession, occupation, business, {DEL or DEL} industry{DEL . DEL} {ADD or recreational activity. ADD}

(8) "Licensee" means any individual holding any of the following: a license to operate a motor vehicle, motor vehicle registration, a license, certification, registration, permit, approval or other similar document evidencing admission to or granting authority to engage in a profession, occupation, business, {DEL or DEL} industry{DEL . DEL} {ADD or recreational activity. ADD}

(9) "Obligor" means any person required to make payments under the terms of a court order of support.

[See section 12-1-15 of the General Laws.]

15-11.1-3. Notice. -- (a) The department may serve notice upon a support obligor who is not in compliance with a court order of support that informs the obligor of the department's intention to submit the obligor's name to any appropriate board, state agency, or department as a licensee who is not in compliance with a court order of support.

(b) The notice shall include the address and telephone number of the department's support enforcement office that issues the notice and a statement of the need to obtain a release from that office as provided in section 15-11.1-7. The department shall attach a copy or facsimile of the obligor's court order of support to the notice. Service of the notice must be made by first class mail {DEL or by service as specified in the Rhode Island rules of procedure for domestic relations for the family court of Rhode Island. For purposes of this section, authorized representatives of the director may serve the notice DEL}. The notice must inform the obligor that:

(1) The obligor may request a family court hearing to contest the issue of compliance;

(2) A request for hearing must be made in writing and must be received by the department within {DEL twenty (20) DEL} {ADD thirty (30) ADD} days of {DEL service; DEL} {ADD the date of the notice; ADD}

(3) If the obligor requests a hearing within {DEL twenty (20) DEL} {ADD thirty (30) ADD} days of {DEL service, DEL} {ADD the date of the notice, ADD} the department shall stay action to certify the obligor to any board for noncompliance with a court order of support pending a decision after hearing;

(4) If the obligor does not request a hearing within {DEL twenty (20) DEL} {ADD thirty (30) ADD} days of {DEL service DEL} {ADD the date of the notice, ADD} and is not in compliance with a court order of support, the department shall certify the obligor to the appropriate board, state agency, or department for noncompliance with a court order of support;

(5) If the department certifies the obligor to a board for noncompliance with a court order of support, the board, state agency, or department shall {DEL revoke DEL} {ADD suspend ADD} the obligor's license and refuse to issue or reissue a license until the obligor provides the board with a release from the department that states the obligor is in compliance with the obligor's support order. A {DEL revocation DEL} {ADD suspension ADD} by an agency or a refusal by an agency to reissue, renew, or otherwise extend the license or certificate of authority shall be deemed a final determination;

(6) If the obligor files a motion to modify support with the family court and duly serves the department with notice of the motion to modify, the department shall stay action to certify the obligor to any board for noncompliance with a court order of support; and

(7) The obligor may restore compliance with a court order of support by:

(i) Paying current support; {ADD and ADD}

(ii) Paying all past due support or, if unable to pay all past due support and a periodic payment for past due support has not been ordered by the court, by making periodic payments in accordance with a written payment agreement with the department which agreement shall then be filed with the family court; and{ADD /or ADD}

(iii) Meeting the obligor's health insurance obligation.

[See section 12-1-15 of the General Laws]

15-11.1-4. Family court compliance hearing. -- (a) An obligor may request a hearing before a master of the family court upon receipt of service of the notice described in section 15-11.1-3. The request for hearing must be made in writing and must be received by the department within {DEL twenty (20) DEL} {ADD thirty (30) ADD} days of {DEL service DEL} {ADD the date of the notice. ADD} The department shall promptly file the obligor's written request for hearing with the clerk of the family court or his or her designee; the clerk shall then assign the matter for hearing before a master of the family court.

(b) The department shall notify the obligor in writing of the date, time, and place of the hearing assigned by the clerk. Service of the hearing notice must be made by first class mail{DEL , or by service as specified in the rules of procedure for domestic relations for the family court of Rhode Island. DEL} {ADD . ADD}

(c) The issues that may be determined at hearing are limited to whether the obligor is required to pay child support under a court or administrative order and whether the obligor is in compliance with a court order of support. Nothing herein shall prohibit the obligor from filing other appropriate motions for relief, including but not limited to a motion to modify a support order, with the family court.

[See section 12-1-15 of the General Laws.]

15-11.1-6. Certification of noncompliance. -- (a) The department may certify in writing to any appropriate board that a support obligor is not in compliance with a court order of support if:

(1) The obligor does not timely request a hearing upon service of a notice issued under section 15-11.1-3 and is not in compliance with a court order of support {DEL twenty-one (21) DEL} {ADD thirty-one (31) ADD} days after service of the notice; or {ADD mailing of the notice; or ADD}

(2) The family court issues a decision or order after hearing that finds the obligor is not in compliance with a court order of support, and the obligor has not appealed the decision within any applicable appeal period provided by law for appeals of a decision or order of a master of the family court; or

(3) After a decision or order of the family court has been appealed, a decision or order of the Rhode Island supreme court which determines or affirms that the obligor is not in compliance with a court order of support.

(b) The department's certification shall include a copy of the decision or order of the court, where applicable. The department shall send by {DEL regular mail DEL} {ADD first class mail ADD} a copy of any certification of noncompliance filed with a board to the obligor at the obligor's most recent address of record.

[See section 12-1-15 of the General Laws.]

{DEL 15-11.1-7. Revocation by board -- Notice from board. -- DEL}{ADD 15-11.1-7. Suspension by board -- Notice from board. -- ADD} (a) Upon receipt of the certification of noncompliance from the department issued in accordance with section 15-11.1-6, a board shall {DEL revoke DEL} {ADD suspend ADD} the obligor's license and refuse to issue or reissue a license until the obligor provides the board with a release from the department that states the obligor is in compliance with the obligor's support order. When an obligor who is served notice under section 15-11.1-3 subsequently complies with the court order of support, the department shall within five (5) business days after compliance provide the obligor with written confirmation and a release that the obligor is in compliance with the order. A {DEL revocation DEL} {ADD suspension ADD} by a board or a refusal by a board to reissue, renew, or otherwise extend the license or certificate of authority shall be deemed a final determination{DEL . DEL} {ADD for the purposes of chapter 35 of title 42. ADD}

(b) A board shall notify an obligor certified by the department under section 15-11.1-6, without undue delay, that the obligor's application for the issuance or renewal of a license may not be granted or that the obligor's license has been {DEL revoked DEL} {ADD suspended ADD} because the obligor's name has been certified by the department as a support obligor who is not in compliance with a court order of support.

(c) Within five (5) business days of receiving written confirmation that the obligor is in compliance with the court order of support, the board shall reinstate, reissue, renew or otherwise extend the obligors license or certificate of authority.

[See section 12-1-15 of the General Laws.]

SECTION 6. Sections 15-16-2, 15-16-5, 15-16-6, 15-16-8, 15-16-10 of the General Laws in Chapter 15-16 entitled "INCOME WITHHOLDING" are hereby amended to read as follows:

15-16-2. Definitions. -- For purposes of this chapter, except as may otherwise be required by the context:

(1) "Agency" means either the court or agency of any other jurisdiction with income withholding functions similar to those of the department {ADD of administration, division of taxation, child support enforcement ADD} defined in this chapter, including the issuance and enforcement of support orders.

(2) "Child" means any child, whether above or below the age of majority, with respect to whom a support order exists.

(3) "CSE system" means the Rhode Island family court/department {ADD of administration, division of taxation, ADD} child support computer enforcement system, which system maintains the official record of support orders and arrearages of all support orders entered thereon in accordance with applicable administrative orders issued by the Rhode Island family court.

(4) "Court" means the Rhode Island family court and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this chapter, including the issuance and enforcement of support orders.

(5) "Department" means the division of taxation, within the department of administration.

(6) "Income" shall include amounts paid or payable by a payor who is subject to the jurisdiction of this state to an obligor as:

(i) Compensation paid or payable for personal services whether denominated as wages, salary, commission, bonus, or otherwise, whether taxable or not taxable and specifically including periodic payments pursuant to pension or retirement programs or insurance policies of any type; or

(ii) Benefit payments or other similar compensation paid or payable to the obligor by or through a department, agency, or political subdivision of the state or federal government or by an insurance company, including unemployment compensation benefits, workers' compensation benefits, and temporary disability benefits, except where garnishment or attachment of benefit payments is prohibited by federal law.

(7) "Income withholding order" means an order to withhold income of an obligor to pay support, arrearages, and fees, if any, authorized under this chapter, whether the order is issued by the department {DEL when an obligor fails to contest the withholding or when the obligor requests the withholding, or whether such order is issued by the department DEL} and filed with the clerk of the family court{ADD , ADD} {DEL after opportunity for a hearing thereon before a master of DEL} {ADD or whether the order is issued by ADD} the family court as provided for in this chapter or whether the order is issued by a court or agency of another jurisdiction.

(8) "Jurisdiction" means any state or political subdivision, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

(9) "Master" means a master of the family court pursuant to section 8-10-3.1.

(10) "Obligee" means any person or entity which is entitled to receive support under an order of support and shall include an agency of another jurisdiction to which a person has assigned his or her right to support.

(11) "Obligor" means any person required to make payments under the terms of a support order for a child, spouse, or former spouse.

(12) "State Plan" means the Rhode Island state plan for child and spousal support established in accordance with title IV, part D, section 454 of the federal Social Security Act 42 U.S.C. section 654, which plan includes but is not limited to the establishment and enforcement of support orders on behalf of a person, whether residing in this state or another jurisdiction, who is: (i) receiving aid to families with dependent children pursuant to part A of title IV of the federal Social Security Act, 42 U.S.C. section 601 et seq., or (ii) receiving foster care maintenance payments pursuant to Part E of Title IV of the federal Social Security Act, 42 U.S.C. section 670 et seq., or (iii) not receiving aid to families with dependent children nor foster care maintenance payments who files an application for support enforcement services with the Rhode Island department of {DEL human services DEL} {ADD administration, division of taxation, child support enforcement ADD} or any authorized title IV, part D agency of another jurisdiction.

(13) "Support order" means a judgment, decree or order, whether temporary, final, or subject to modification, issued by the family court, by the division of taxation within the department of administration under section 15-16-7 or by a court or agency of another jurisdiction, for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, or reimbursement, and may include related costs and fees, interest, income withholding, attorney's fees, and other relief.

(14) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage.

(15) "Withholding agent" means any person, firm, partnership, corporation, association, trust, federal, or state agency, department, or political subdivision, paying or obligated to pay income, as defined in this chapter, to an obligor.

15-16-5. Requirement of income withholding -- Support orders issued in this state or other jurisdictions. -- (1) In the case of each obligor against whom a support order:

(1) has been issued or modified in this state, or

(2) has been issued or modified in another jurisdiction, or

(3) has been issued or modified in another jurisdiction and has been filed and registered with the department in accordance with section 15-16-13, and in either case the order is being enforced under the state plan;

So much of an obligor's income must be withheld in an amount sufficient to comply with the order for current support when the obligor has failed to make payment of support as provided in this section or when the obligor or obligee has requested withholding in accordance with the requirements of this section. If an obligor owes a support arrearage in addition to the amount to be withheld to comply with the order for current support, the order to withhold income must include an amount equal to ten percent (10%) of the current support order, which amount shall be applied toward liquidation of support arrearages; provided that the additional withholding to satisfy arrearages, when added to the amounts withheld to pay current support and to provide for the withholding agent's fee provided in section 15-16-10, may not exceed the limit permitted under section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. section 1673(b). Upon petition by an obligor, the court in its discretion may reduce the amount required to be withheld in liquidation of support arrearages to a nominal or token amount, if the court finds that additional withholding would work an undue hardship on the obligor. The income withholding must occur without the need for any amendment to the support order involved or for any further action by the court or other entity which issued the order{DEL , and must occur whether or not the obligor has executed an assignment of income under section 15-5-24 or under the laws of another state DEL}.

(b) With respect to a support order issued or modified in this state, an obligor shall become subject to income withholding and the income withholding may be initiated by the department: (1) when the obligor has failed to make a support payment in full within fourteen (14) days of the due date for the support payment, notwithstanding that payment of the arrearage may be made subsequent to the obligor's receipt of notice of income withholding or prior to the date of hearing, or (2) the date on which the obligor requests, in writing, that the income withholding begin, whichever is earliest.

(c) With respect to an order issued or modified in this state, the department may initiate income withholding: (1) utilizing and relying on the information officially recorded on the CSE system as to support orders and arrearages, or (2) after receipt of a certified copy of the support order with all modification, together with the sworn statement of the obligee as to support arrearages and stating the name and address of the obligor and his or her employer or withholding agent.

(d) With respect to a support order issued or modified in another jurisdiction, income withholding shall be initiated by the department when the support order has been filed and registered in accordance with section 15-16-13, and the department and/or the court shall apply the law of the other jurisdiction as to amount or duration of support arrearages necessary to commence income withholding. In all other respects, the provisions of this chapter and the laws of this state shall apply.

(e) The only basis for contesting income withholding initiated under this section is a mistake of fact. For purposes of this section, mistakes of fact shall be limited to the following: (1) an error in the amount of current support or support arrearage; or (2) the mistaken identity of the obligor; or (3) an error in the amount of income to be withheld in payment of current support and arrearages; or (4) the amount to be withheld exceeds the maximum amount permitted under section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. section 1673(b). The burden shall be on the obligor to establish a defense of mistake of fact.

(f) The department shall provide the obligor with {DEL the advance DEL} notice required in section 15-16-6 regarding the {DEL proposed DEL} income withholding initiated under this section and the procedures the obligor should follow if he or she desires to contest the income withholding on the grounds that the income withholding is not proper because of mistakes of fact. The {DEL advance DEL} notice shall be {DEL personally served upon the obligor, or in the alternative, by registered or certified DEL} {ADD sent by regular ADD} mail{DEL . DEL} {ADD at the obligor's most recent address of record. ADD}

(g) An obligor may contest the income withholding by filing or mailing a written statement with the department within {DEL ten (10) DEL} {ADD fourteen (14) ADD} days {DEL of receipt DEL} of the {DEL advance DEL} {ADD mailing of the ADD} notice under section 15-16-6, which statement shall specify the mistake or mistakes of fact claimed by the obligor.

(h) Payment by an obligor of the support arrearage stated in the {DEL advance DEL} notice to the obligor {DEL may not be the sole basis for failing to implement income withholding. DEL} {ADD is not a valid defense to income withholding. ADD} {DEL In these circumstances, the master may order income withholding if he or she finds that the obligor has a history of nonsupport or is likely to default on the timely payment of support. DEL}

{DEL 15-16-6. Advance notice to obligor. -- DEL}{ADD 15-16-6. Notice to obligor. -- ADD} The {DEL advance DEL} notice to the obligor required under section 15-16-5 shall inform the obligor:

(1) Of the amount of the support arrearage and the amount of income that {DEL is proposed to be DEL} {ADD has been ADD} withheld for payment of current support, arrearages, and any fees allowable under this chapter;

(2) That the provision for withholding of income applies to any current or subsequent employer or period of employment;

(3) Of the procedures available for contesting the withholding and that, in accordance with section 15-16-5, the grounds for contesting the withholding are limited to mistakes of fact;

(4) Of the period within which the obligor must file a statement contesting withholding with the department {DEL and that failure to file the statement with the department within the time required will result in income withholding by default, and will result in the department sending notification to the withholding agent to begin income withholding DEL};

(5) Of the opportunity to contest the income withholding at a hearing before a master of the family court.

{DEL 15-16-8. Contesting withholding -- Application for hearing -- Notice to obligor -- DEL} {DEL(a) Entry of order in contested cases. -- Upon receipt of the obligor's statement contesting income withholding, the department shall promptly file an application for income withholding with the clerk of the family court. Upon filing of the application, the clerk shall assign the application for hearing before a master of the family court within fourteen (14) days of the filing. Income withholding under this chapter is intended to be an expedited process, therefore continuances shall only be granted by the master for a compelling reason. DEL}

{DEL (b) The department shall cause the obligor to be personally served with a true copy of the application or, in the alternative, the department shall send a true copy of the application to the obligor, certified or registered mail, postmarked no later than two (2) days following the date of filing of the application with the clerk. DEL}

{DEL (c) The department shall file, and the clerk shall enter, an income withholding order: (1) in accordance with the decision of the master after hearing on the application, or (2) upon proof of service and the failure of the obligor to appear and defend on the date assigned for hearing. DEL}

{ADD 15-16-8. Contesting withholding. -- ADD} {ADD An obligor may request a family court hearing in writing within fourteen (14) days of the date of the mailing of the notice described in section 15-16-6. The family court shall notify the obligor by first class mail, of the date, time and place of the hearing within five (5) days of receipt of the written request for hearing. The only basis for contesting income withholding initiated under this section is mistake of fact as set forth in section 15-16-5. ADD}

15-16-10. Duties and liabilities of withholding agent. -- (a) An income withholding agent shall remit to the clerk of the family court or such other remittee as directed in the income withholding order, except as provided in subsection (i), all amounts withheld from the income of an obligor within {DEL ten (10) DEL} {ADD seven (7) ADD} days of the date the income was paid or payable to the obligor , and the income withholding agent shall specify the date and amount of each withholding included in the remittance{DEL . DEL} {ADD , the social security number of the obligor, the child support account number, the employee's name, and any other information as required if electronic transfer is utilized. ADD} The withholding agent may combine withheld amounts from two (2) or more obligors into a single payment, provided that the withholding agent separately identifies the individual obligors and the amount attributable to each obligor.

(b) An income withholding agent may deduct a fee of two dollars ($2.00) from the obligor's remaining income for each payment made pursuant to an income withholding order under this chapter.

(c) The income withholding agent must notify the department, in writing, of the termination of the obligor's employment within {DEL thirty (30) DEL} {ADD ten (10) ADD} days of the termination. Notice shall include the last known address of the obligor and the name and address of the obligor's new employer, if known.

(d) Any withholding agent failing to comply with any of the requirements of this chapter may be punished by the family court or its master for civil contempt. The court or its master shall first afford the withholding agent a reasonable opportunity to purge itself of the contempt.

(e) Any withholding agent who shall fail or refuse to deliver income pursuant to an income withholding order issued under this chapter, when the withholding agent has had in its possession the income, shall be personally liable for the amount of the income which the withholding agent failed or refused to deliver, together with costs, interest, and reasonable attorney's fees.

(f) Any withholding agent who dismisses, demotes, disciplines, refuses to hire, or in any way penalizes an obligor on account of any income withholding order issued under this chapter shall be liable to the obligor for all damages, together with costs, interest thereon, and reasonable attorney's fees resulting from the action, and shall be subject to a fine not to exceed one hundred dollars ($100.00). The withholding agent shall be required to make full restitution to the aggrieved obligor including reinstatements and back pay.

(g) A withholding agent may be enjoined by a court of competent jurisdiction from continuing any action in violation of this chapter.

(h) Compliance by a withholding agent with an income withholding order issued under this chapter operates as a discharge of the withholding agent's liability to the obligor as to that portion of the obligor's income so affected.

{DEL (i) With respect to a support order which is not subject to enforcement under the state plan and which is not subject to an assignment of rights to the department of human services, an income withholding order may direct an income withholding agent to remit withheld amounts directly to the obligee, in lieu of remittance to the clerk of the family court, if the obligor and obligee agree to the alternative arrangement in a signed writing filed with the family court. DEL}

SECTION 7. Sections 15-20-1 and 15-20-2 of the General Laws in Chapter 15-20 entitled "EMPLOYMENT AND CHILD SUPPORT NOTIFICATION" are hereby amended to read as follows:

15-20-1. Notification to and by employer. -- (a) With respect to any support order maintained and enforced under the Rhode Island Family Court/Department of {DEL Human Services DEL} {ADD Administration divison of taxation ADD} Child Support Enforcement System ("CSE System"), the clerk of the family court and/or the department of {DEL human services DEL} {ADD administration, division of taxation ADD} shall notify the current employer of the obligor parent of the existence of such order. The director of the department shall, by regulation, prescribe the timing and the form of the notice and the information to be provided in the notice, and the form, timing, and content of all other notices required under this chapter.

(b) Within ten (10) days of the termination of an obligor parent employee, the employer shall notify the department of {DEL human services DEL} {ADD administration, division of taxation, child support enforcement ADD} of the termination of the employee, and the date thereof.

[See section 12-1-15 of the General Laws.]

15-20-2. Duty of obligor parent to notify department. -- When the obligor parent changes employers, the obligor parent shall promptly notify his or her subsequent employer of his or her order for child support and/or health insurance and shall notify the department of {DEL human services DEL} {ADD administration, division of taxation, child support enforcement, ADD} of his or her new employment, and the department shall transfer the assignment, garnishment, or the order for child support and/or health insurance to the subsequent employer. If an assignment, garnishment, or order for child support and/or health insurance is in effect under this section but cannot be executed because the obligor parent has no employer, the department shall send the assignment, garnishment or order for child support or health insurance, to any employer who later employs the obligor as soon as the new employment is ascertained; provided, however, that the obligor parent's obligation on any such order shall continue, regardless of employment or lack thereof, unless suspended by order of the family court.

[See section 12-1-15 of the General Laws.]

SECTION 8. Chapter 15-20 of the General Laws entitled "EMPLOYMENT AND CHILD SUPPORT NOTIFICATION" is hereby amended by adding thereto the following section:

{ADD 15-20-4. Duty of parent to notify department -- Residence. -- ADD} {ADD When the obligor parent and/or custodial parent changes residence it shall be the duty of said parent to notify the department of said change within ten (10) days. This section applies to all cases brought pursuant to the Rhode Island state plan for child and spousal support, in conformance with title IV-D, part D of the Federal Social Security Act. The procedures set forth in section 15-5-16.2(h) relative to notice shall apply to all cases recorded with the Rhode Island family court/department of administration, division of taxation, child support enforcement system where services are not being provided under the state plan. ADD}

{ADD All notices and pleadings shall be mailed and/or served to the appropriate party at the most recent address of record. ADD}

SECTION 9. The title of Chapter 15-20 of the General Laws entitled "Employment and Child Support Notification" is hereby amended to read as follows:

SECTION 10. Sections 15-21-1, 15-21-2, 15-21-3, and 15-21-7 of the General Laws in Chapter 15-21 entitled "CHILD SUPPORT LIEN ACT" are hereby amended to read as follows:

15-21-1. Arrearages -- Collection procedures. -- The department of {DEL human services DEL} {ADD administration, division of taxation, child support enforcement, ADD} in accordance with title IV, part D of the Social Security Act, 42 U.S.C. section 651 et seq., is hereby authorized to institute collection procedures for all arrearages which accrue against child support payments owed pursuant to a court judgment or support order. These collection procedures shall include, but not be limited to, notification to employers that a wage assignment is in effect and not suspended; notification to obligors; demand letters; use of state and federal tax refund intercept programs; initiation of contempt proceedings; use of lien, levy, and foreclosure of lien as provided in this chapter; garnishment or attachment of or lien against property; trustee process; civil actions; and any other civil remedy including body attachment, where appropriate, available for the enforcement of judgments or for the enforcement of child support orders.

[See section 12-1-15 of the General Laws]

15-21-2. Creation of lien. -- (a) A child support obligation or reimbursement order which is enforceable by the department of {DEL human services DEL} {ADD administration, division of taxation, child support enforcement ADD} in accordance with Title IV Part D of the Social Security Act, 42 U.S.C. section 651 et seq., and which is unpaid in whole or in part shall, as of the date on which it was due, be a lien in favor of the obligee or assignee in an amount sufficient to satisfy unpaid child support, whether the amount due is a fixed sum or is accruing periodically. Once a child support lien arises, the lien shall incorporate any unpaid child support which may accrue in the future and shall not terminate except as provided in section 15-21-4(f). The lien shall encumber all tangible and intangible property, whether real or personal, and rights to property, whether legal or equitable, belonging to the obligor including but not limited to the obligor's interest in any jointly held property. An interest in personal property acquired by the obligor after the child support lien arises shall be subject to the lien. Without limiting the foregoing, "property" as used herein shall also include insurance and workers' compensation payments.

(b) In any case after July 1, 1995, where a lien arises in jointly held property, a nonobligor joint party whose interest appears of record or is otherwise known to the department shall receive notice of intent to lien and may request an administrative hearing with the department to contest the scope of the property interests of the lien or may seek judicial review by motion to the family court. Service of the notice shall be made by first class mail{ADD . ADD} {DEL or by service as specified in the Rhode Island rules of procedure for domestic relations for the family court. DEL}

[See section 12-1-15 of the General Laws.]

15-21-3. Notice. -- (a) When the department of {DEL human services DEL} {ADD administration, division of taxation, child support enforcement, ADD} determines that child support is unpaid, it shall send written notice of intent to lien to the obligor by first class mail, {DEL if his address is known to the department. DEL} {ADD at his/her most recent address of record. ADD} The notice of intent shall specify the amount unpaid as of the date of the notice or other date certain and the obligor's right to request a hearing by filing a written request with the department within thirty (30) days of the date of the notice. In addition, the notice shall identify the property, real or personal, which is subject to the lien. If the obligor requests a hearing, the {DEL director DEL} {ADD administrator ADD} or his or her designee shall conduct the hearing expeditiously and the department shall not conduct further lien enforcement action hereunder until the director or his or her designee makes a final determination that the obligor is in arrears in the payment of a child support obligation.

(b) If the property subject to the lien is real property or personal property, the title to which is maintained as a public record, the department may record a copy of the notice of intent to lien in the recorder of deeds, registry of motor vehicles, or other place where the title to the property is recorded. Any person taking to title to the property subsequent to the recording does so subject to the interest of the department, as it may be determined. The notice of intent shall be recorded no more than ten (10) days prior to the mailing of the notice to the obligor under subsection (a).

15-21-7. Foreclosure of lien against real property. -- (a) {DEL If the obligor shall default in the payment of any child support obligation, or if DEL} {ADD If ADD} the department has perfected a lien on real property in accordance with section 15-21-4, then it shall be lawful for the department or its assigns to sell the real property of any defaulting obligor and the benefit and equity of redemption of the defaulting obligor and his or her heirs, executors, administrators, and assigns therein, at public auction upon the premises or at such other place, if any, as may be designated for that purpose by the department or its assigns, first by mailing written notice of the time and place of sale to the defaulting obligor, at his or her last known address, by certified mail, return receipt requested, at least twenty (20) days prior to publishing the notice; second, by publishing the notice at least once each week for three (3) successive weeks in a public newspaper published daily in the city in which the real property is situated; and if there be no public newspaper published daily in the city where the real property is situated, or if the real property is not situated in a city, then: (1) if the real property is situated in the city of Central Falls, in a public newspaper published daily in the city of Pawtucket; (2) if the real property is situated in the town of North Providence, in a public newspaper published daily in the city of Providence; (3) if the real property is situated in any of the towns of Cumberland, Lincoln, Smithfield, or North Smithfield, in a public newspaper published daily in either the city of Pawtucket, Woonsocket, or Providence; (4) if the real property is situated in the county of Providence elsewhere than in the above named cities and towns, in a public newspaper published daily in the city of Providence; (5) if the real property is situated in the county of Newport, in a public newspaper published daily in the city of Newport; but if there is no such newspaper so published, then in some public newspaper published anywhere in the county of Newport; (6) if the real property is situated in any of the counties of Bristol, Kent, or Washington, in a public newspaper published daily in the city or town in which the real property is situated; but if there is no public newspaper so published, then in a public newspaper published in the city or town in which the real property is situated, or in some public newspaper published daily in the county in which the real property situated, or in a public newspaper published daily in the city of Providence; with powers to adjourn the sale from time to time, provided that publishing of the notice shall be continued, together with a notice of the adjournment or adjournments, at least once each week in the same newspaper; and third, by mailing written notice of the sale to any person or entity having an interest of record in the real property, who records not later than thirty (30) days prior to the date originally scheduled for the sale, including without limitation, the holder of any mortgage or deed of trust with respect to such real property, to the address of the person or entity provided for such purpose in the land evidence records or at such other address as the person or entity may have provided the department in writing, the notice to be given by regular or certified mail, return receipt requested, at least twenty (20) days prior to the date originally scheduled for the sale; and in his or her or their own name or names, or as the attorney or attorneys of the defaulting obligor (for that purpose by these presents duly authorized and appointed with full power of substitution and revocation) to make, execute, and deliver to the purchaser or purchasers at the sale a good and sufficient deed or deeds of the defaulted real property, in fee simple, and to receive the proceeds of the sale or sales, and from such proceeds to retain all sums secured by the lien in favor of the department as of the date of the sale together with all expenses incident to the sale or sales, or for making deeds hereunder, and for fees of counsel and attorneys, and all costs or expenses incurred in the exercise of such powers, and all taxes, assessments, and premiums for insurance, if any, either theretofore paid by the department, or its assigns, or then remaining unpaid upon the defaulted real property, rendering and paying the surplus of the proceeds of sale, if any there be, over and above the amounts so to be retained as aforesaid, together with a true and particular account of the sale or sales, expenses, and charges, to the defaulting obligor, or his or her heirs, executors, administrators, or assigns; which sale or sales made as aforesaid shall forever be a perpetual bar against the defaulting obligor and his or her heirs, executors, administrators, and assigns, and all persons claiming the defaulted real property, so sold, by, through, or under him or her, them, or any of them.

(b) Any foreclosure sale held by the department pursuant to subsection (a),and the title conveyed to any purchaser or purchasers pursuant to the sale, shall be subject to any lien or encumbrance entitled to a priority over the lien of the department pursuant to section 15-21-4.

[See section 12-1-15 of the General Laws.]

SECTION 11. Chapter 15-21 of the General Laws entitled "CHILD SUPPORT LIEN ACT" is hereby amended by adding thereto the following section:

{ADD 15-21-11. Full faith and credit of liens. -- ADD} {ADD A lien procured by another jurisdiction, in accordance with the provisions of this chapter, shall be accorded full faith and credit without the requirement of a hearing. ADD}

SECTION 12. Section 15-22-1 of the General Laws in Chapter 15-22 entitled "EXCHANGE OF INFORMATION IN SUPPORT OF CHILD SUPPORT COLLECTION" is hereby amended to read as follows:

15-22-1. Access to information. -- (a) The department of {ADD administration, division of taxation, child support enforcement services and/or any other state or federal agency taking action to establish paternity, establish or modify child support and/or medical orders, enforce child support and/or medical orders or to locate an individual for the above ADD} {DEL human services DEL} shall have access to and may request information from the individuals and the entities named in this section. The information shall be available to the department only for the purpose of and to the extent necessary for the administration of the child support enforcement program. No entity or individual who complies with this section shall be liable in any civil or criminal action or proceeding brought by an obligor or an obligee on account of such compliance. Holders maintaining personal data are authorized to disclose to the department all personal data requested hereunder, and the disclosures shall not violate the provisions of 38-2-2. Any entity or individual who, without reasonable cause, fails to reply to a request pursuant to this paragraph or who, without reasonable cause, fails to comply with a request within twenty (20) days of receipt, shall be liable for a civil penalty of one hundred dollars ($100) for each violation, to be assessed by the department or by the family court. The department may secure information to which it is entitled by any method, including but not limited to, requests by paper, facsimile, telephone, magnetic tape, or other electronic means.

(b)(1) Information to which the department shall be entitled includes, but is not limited to, state income tax returns and all state income tax information including address, filing status, and the number of dependents reported on any return filed by any obligor, any other information, the contents and nature of which shall be determined and approved by the tax administrator and the federal tax data as permitted by federal law.

(2) The information included in this provision shall be data or tax returns in any form or format, including data available by electronic means which is directly related to the obligor.

(c) Unless otherwise limited by statute, the department shall be entitled to all criminal offender record information of the obligor, which is necessary to locate the obligor or establish the obligor's ability to pay, including but not limited to national criminal information center (NCIC) records and bureau of criminal identification (BCI) records maintained by the department of the attorney general and the quarterly contribution reports of the department of {DEL employment DEL} {ADD labor ADD} and training.

(d) Unless otherwise limited by federal statute the department may require disclosure of information relating to the obligor, including but not limited to the obligor's location, employment, title to property, credit status, or professional affiliation to assist the department to determine the current whereabouts of an obligor from any source, including but not limited to any state or municipal agency, utility company, including telephone, assessor's offices, and housing authorities, employers, professional or trade associations and labor unions, professional or trade licensing boards, banks and other financial institutions, credit bureaus or agencies, or any other individual or entity which the department has reason to believe may have information that relates to or may assist in the location of the obligor. The failure of an individual or entity to provide the department, within such time and in such manner as the department may provide by regulation, with information relating to, or that may assist in locating, an obligor shall be punishable by a civil penalty to be assessed by the family court {ADD or the department of administration division of taxation, ADD} in the amount of one hundred dollars ($100) for each failure, and the individual or entity shall be required to provide the information.

(e) The department may request from any employer or other source of income whom the department has reason to believe employs an obligor, or otherwise provides the obligor with regular periodic income, information concerning the dates and amounts of income paid, the last known address, social security number, and available health care benefits. The department shall not inquire of an employer or other source of income concerning the same obligor more than once every three months. Employers or other sources of income shall respond to the requests truthfully and in writing. No employer or other source of income who complies with this section shall be liable in any civil action or proceeding brought by the obligor on account of such compliance. Any employer or other source of income who, without good cause, fails to comply with a request as required by this section, within twenty (20) days of receipt of the request, shall be liable for a civil penalty of one hundred dollars ($100) per day for each day of violation to be assessed by the family court {ADD or the department of administration, division of taxation, ADD} and shall be required to provide the information.

(f) The department shall use the information gathered pursuant to this chapter only for purposes of administering the child support enforcement program and shall not disclose the information, other than the name and address of the obligor, except in proceedings or other activities to locate or identify obligors, to evaluate the ability of obligors to pay child support, to establish, modify, or enforce child support orders, to collect child support, or in criminal prosecutions for failure to pay child support. Any employee of the department that uses or discloses the information in any other manner shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than six (6) months or both.

[See section 12-1-15 of the General Laws.]

SECTION 13. Chapter 15-22 of the General Laws entitled "EXCHANGE OF INFORMATION IN SUPPORT OF CHILD SUPPORT COLLECTION" is hereby amended by adding thereto the following sections:

{ADD 15-22-2. Financial institution data matches. -- ADD} {ADD The department of administration, division of taxation shall enter into cooperative agreements with financial institutions further defined as any bank, savings association, federal or state credit union, benefit association, insurance company, safe deposit company, money-market mutual fund or similar entity authorized to do business in the state, to develop and operate, a data match system using automated data exchanges to the maximum extent feasible on a quarterly basis, listing each noncustodial parent provided by the department in the exchange who maintains an account at such institution and who owes past due support in the amount of five hundred dollars ($500). Such financial exchange shall include, but not be limited to, the name, address, date of birth and social security number or other taxpayer identification number, the asset description, account number and account balance and any and all information required pursuant to section 15-21-2 for the purpose of establishing an administrative lien. The financial institution shall not be liable to any person for any disclosure to the state agency, for encumbering or surrendering any assets held by such financial institution in response to a notice of lien or levy issued by the state pursuant to chapter 21 of this title or for any other action taken in good faith to comply with the requirements of this chapter. ADD}

{ADD 15-22-3. Administrative subpoena. -- ADD} {ADDThe department of administration, division of taxation and any other state or federal agency taking action to establish paternity, establish or modify child support or medical orders, enforce child support orders or location of individuals for the above, shall be authorized to issue subpoenas as appropriate to the individuals and entities named in this chapter to secure financial and other information relating to the obligor for the purpose of and to the extent necessary for the administration of the child support enforcement program. ADD}

{ADD Any entity or individual who fails to reply to an administrative subpoena shall be liable for a civil penalty of one hundred dollars ($100) for said violation to be assessed by the department of administration, division of taxation, child support enforcement or the Rhode Island family court and shall be required to provide such information and/or comply with said request. ADD}

SECTION 14. Chapter 15-23 of the General Laws entitled "UNIFORM INTERSTATE FAMILY SUPPORT ACT" is hereby repealed in its entirety.

{DEL 15-23-1. Definitions. -- DEL} {DELFor purposes of this chapter except as may otherwise be required by context: DEL}

{DEL (1) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. DEL}

{DEL (2) "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state. DEL}

{DEL (3) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. DEL}

{DEL (4) "Home state" means the state in which a child lived with a parent or a person acting as parent for at least six (6) consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six (6) months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six (6) month or other period. DEL}

{DEL (5) "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state. DEL}

{DEL (6) "Income-withholding order" means an order or other legal process directed to an obligor's employer or other debtor, as defined by section 15-16-1 et, seq., to withhold support from the income of the obligor. DEL}

{DEL (7) "Initiating state" means a state in which a proceeding under this chapter or a law substantially similar to this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of the Support Act is filed for forwarding to a responding state. DEL}

{DEL (8) "Initiating tribunal" means the authorized tribunal in an initiating state. DEL}

{DEL (9) "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining parentage. DEL}

{DEL (10) "Issuing tribunal" means the tribunal that issues a support order or renders a judgment determining parentage. DEL}

{DEL (11) "Law" includes decisional and statutory law and rules and regulations having the force of law. DEL}

{DEL (12) "Obligee" means: DEL}

{DEL (i) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered; DEL}

{DEL (ii) a state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or DEL}

{DEL (iii) An individual seeking a judgment determining parentage of the individuals' child. DEL}

{DEL (13) "Obligor" means an individual, or the estate of a decedent: DEL}

{DEL (i) who owes or is alleged to owe a duty of support; DEL}

{DEL (ii) who is alleged but has not been adjudicated to be a parent of a child; or DEL}

{DEL (iii) who is liable under a support order. DEL}

{DEL (14) "Prosecuting attorney" means the public official in the appropriate jurisdiction who has the duty to enforce criminal laws relating to the failure to provide for the support of any person. DEL}

{DEL (15) "Register" means to file a support order or judgment determining parentage in the registry of the Rhode Island family court. DEL}

{DEL (16) "Registering tribunal" means a tribunal in which a support order is registered. DEL}

{DEL (17) "Responding state" means a state to which a proceeding is forwarded under this chapter or a law substantially similar to this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act. DEL}

{DEL (18) "Responding tribunal" means the authorized tribunal in a responding state. DEL}

{DEL (19) "Spousal-support order" means a support order for a spouse or former spouse of the obligor. DEL}

{DEL (20) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. The term "state" includes an Indian tribe and includes a foreign jurisdiction that has established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under this chapter. DEL}

{DEL (21) "Support enforcement agency" means a public official or agency authorized to seek: DEL}

{DEL (i) enforcement of support orders or laws relating to the duty of support; DEL}

{DEL (ii) establishment or modification of child support; DEL}

{DEL (iii) determination of parentage; or DEL}

{DEL (iv) to locate obligors or their assets. DEL}

{DEL (22) "Support order" means a judgment, decree, or order, whether temporary, final, or subject to modification, for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, or reimbursement, and may include related costs and fees, interest, income withholding, attorney's fees, and other relief. DEL}

{DEL (23) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage. DEL}

{DEL 15-23-2. Tribunals of this state. -- DEL} {DEL The Rhode Island family court, and, where specifically authorized by law, the Rhode Island division of taxation within the department of administration are the tribunals of this State. DEL}

{DEL 15-23-3. Remedies cumulative. -- DEL} {DEL Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law. DEL}

{DEL 15-23-4. Bases for jurisdiction over nonresident. -- DEL} {DEL In proceeding to establish, enforce, or modify a support order or to determine parentage, a tribunal of this State may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if: DEL}

{DEL (1) the individual is personally served within this State pursuant to the Rules of Domestic Relations; DEL}

{DEL (2) the individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction; DEL}

{DEL (3) the individual resided with the child in this state; DEL}

{DEL (4) the individual resided in this state and provided prenatal expenses or support for the child; DEL}

{DEL (5) the child resides in this state as a result of the acts or directives of the individual; DEL}

{DEL (6) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse; DEL}

{DEL (7) the individual acknowledged paternity by completing an affidavit of paternity signed by both parents; or DEL}

{DEL (8) there is any other basis consistent with the constitutions of this state, and the United States for the exercise of personal jurisdiction. DEL}

{DEL 15-23-5. Procedure when exercising jurisdiction over nonresident. -- DEL} {DEL A tribunal of this state exercising personal jurisdiction over a nonresident under section 15-23-30 (Assistance with Discovery) to obtain discovery through a tribunal of another state. In all other respects, sections 15-23-13 through 15-23-47 shall not apply and the tribunal shall apply the procedural and substantive law of this state, including the rules on choice of law other than those established by this chapter. DEL}

{DEL 15-23-6. Initiating and responding tribunal of this state. -- DEL} {DEL Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal for proceedings initiated in another state. DEL}

{DEL 15-23-7. Simultaneous proceedings in another state. -- DEL} {DEL(a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state only if: DEL}

{DEL (1) the petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state; DEL}

{DEL (2) the contesting party timely challenges the exercise of jurisdiction in the other state; and DEL}

{DEL (3) if relevant, the other state is the home state of the child. DEL}

{DEL (b) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state if: DEL}

{DEL (1) the petition or comparable pleading in the other state is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state; DEL}

{DEL (2) the contesting party timely challenges the exercise of jurisdiction in this state; and DEL}

{DEL (3) if relevant, the other state is the home state of the child. DEL}

{DEL 15-23-8. Continuing, exclusive jurisdiction. -- DEL} {DEL (a) A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a child support order; DEL}

{DEL (1) as long as this state remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or DEL}

{DEL (2) until each individual party has filed written consent with the tribunal of this state for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction. DEL}

{DEL (b) A tribunal of this state issuing a child support order consistent with the law of this state may not exercise its continuing jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant to a law substantially similar to this chapter. DEL}

{DEL (c) If a child support order of this state is modified by a tribunal of another state pursuant to a law substantially similar to this chapter, a tribunal of this state loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order issued in this state, and may only: DEL}

{DEL (1) enforce the order that was modified as to amounts accruing before the modification; DEL}

{DEL (2) enforce nonmodifiable aspects of that order; and DEL}

{DEL (3) provide other appropriate relief for violations of that order which occurred before the effective date of the modification. DEL}

{DEL (d) A tribunal of this state shall recognize the continuing, exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to a law substantially similar to this chapter. DEL}

{DEL (e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal. DEL}

{DEL (f) A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. A tribunal of this state may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state. DEL}

{DEL 15-23-9. Enforcement and modification of support order by tribunal having continuing jurisdiction. -- DEL} {DEL(a) A tribunal of this state may serve as an initiating tribunal to request a tribunal of another state to enforce or modify a support order issued in that state. DEL}

{DEL (b) A tribunal of this state having continuing, exclusive jurisdiction over a support order may act as a responding tribunal to enforce or modify the order. If a party subject to the continuing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subsequent proceedings the tribunal may apply section 15-23-28 (Special Rules of Evidence and Procedure) to receive evidence from another state and section 15-23-30 (Assistance with Discovery) to obtain discovery through a tribunal of another state. DEL}

{DEL (c) A tribunal of this state which lacks continuing, exclusive jurisdiction over a spousal support order may not serve as a responding tribunal to modify a spousal support order of another state. DEL}

{DEL 15-23-10. Recognition of child support orders. -- DEL} {DEL (a) If a proceeding is brought under this chapter, and one or more child support orders have been issued in this or another state with regard to an obligor and a child, a tribunal of this state shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction: DEL}

{DEL (1) If only one tribunal has issued a child support order the order of that tribunal must be recognized. DEL}

{DEL (2) If two or more tribunals have issued child support orders for the same obligor and child, and only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal must be recognized. DEL}

{DEL (3) If two (2) or more tribunals have issued child support orders for the same obligor and child, and more than one (1) of the tribunals would have continuing, exclusive jurisdiction under this chapter, an order issued by a tribunal in the current home state of the child must be recognized, but if an order has not been issued in the current home state of the child, the order most recently issued must be recognized. DEL}

{DEL (4) If two or more tribunals have issued child support orders for the same obligor and child, and none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state may issue a child support order, which must be recognized. DEL}

{DEL (b) The tribunal that has issued an order recognized under subsection (a) is the tribunal having continuing, exclusive jurisdiction. DEL}

{DEL 15-23-11. Multiple child support orders for two or more obligees. -- DEL} {DEL In responding to multiple registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state, a tribunal of this state shall enforce those orders in the same manner as if the multiple orders had been issued by a tribunal of this state. DEL}

{DEL 15-23-12. Credit for payments. -- DEL} {DEL Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against the amounts accruing or accrued for the same period under a support order issued by the tribunal of this state. DEL}

{DEL 15-23-13. Proceedings under this chapter. -- DEL} {DEL (a) Except as otherwise provided in this chapter, sections 15-23-13 through 15-23-31 apply to all proceedings. DEL}

{DEL (b) This chapter provides for the following proceedings: DEL}

{DEL (1) establishment of an order for spousal support or child support pursuant to section 15-23-32; DEL}

{DEL (2) enforcement of a support order and income-withholding order of another state without registration pursuant to section 15-23-33 and 15-23-34; DEL}

{DEL (3) registration of an order for spousal support or child support of another state without registration pursuant to section 15-23-35 through 15-23-40; DEL}

{DEL (4) modification of an order for child support or spousal support issued by a tribunal of this state pursuant to sections 15-23-6 through 15-23-9; DEL}

{DEL (5) registration of an order for child support of another state for modification pursuant to sections 15-23-43 through 15-23-46; DEL}

{DEL (6) determination of parentage pursuant to section 15-23-47; and DEL}

{DEL (7) assertion of jurisdiction over nonresidents pursuant to sections 15-23-4 and 15-23-5. DEL}

{DEL (c) An individual petitioner or a support enforcement agency may commence a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state which has or can obtain personal jurisdiction over the respondent. DEL}

{DEL 15-23-14. Action by minor parent. -- DEL} {DEL A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child. DEL}

{DEL 15-23-15. Application of law of this state. -- DEL} {DEL Except as otherwise provided by this chapter, a responding tribunal of this state: DEL}

{DEL (1) shall apply the procedural and substantive law, including the rules on choice of law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and DEL}

{DEL (2) shall determine the duty of support and the amount payable in accordance with the law and support guidelines of this state. DEL}

{DEL 15-23-16. Duties of initiating tribunal. -- DEL} {DEL Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward three copies of the petition and its accompanying documents: DEL}

{DEL (1) to the responding tribunal or appropriate support enforcement agency in the responding state; or DEL}

{DEL (2) if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged. DEL}

{DEL 15-23-17. Duties and powers of responding tribunal. -- DEL} {DEL(a) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to section 15-23-13(c) (Proceedings Under this chapter) it shall cause the petition or pleading to be filed and notify the petitioner by first class mail where and when it was filed. DEL}

{DEL (b) A responding tribunal of this state, to the extent otherwise authorized by law, may do one or more of the following: DEL}

{DEL (1) issue or enforce a support order, modify a child support order or render a judgment to determine parentage; DEL}

{DEL (2) order an obligor to comply with a support order specifying the amount and the manner of compliance; DEL}

{DEL (3) order income withholding; DEL}

{DEL (4) determine the amount of any arrearages, and specify a method of payment; DEL}

{DEL (5) enforce orders by civil or criminal contempt, or both; DEL}

{DEL (6) set aside property for satisfaction of the support order; DEL}

{DEL (7) place liens and order execution on the obligor's property; DEL}

{DEL (8) order an obligor to keep the tribunal informed of the obligor's current residential address, telephone number, employer, address of employment, and telephone number at the place of employment; DEL}

{DEL (9) issue a body attachment for an obligor who has failed after proper notice to appear at hearing ordered by the tribunal and enter the body attachment; DEL}

{DEL (10) order the obligor to seek appropriate employment by specified methods; DEL}

{DEL (11) award reasonable attorney's fees and other fees and costs; and DEL}

{DEL (12) grant any other available remedy. DEL}

{DEL (c) A responding tribunal of this state shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based. DEL}

{DEL (d) A responding tribunal of this state may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for visitation. DEL}

{DEL (e) If a responding tribunal of this state issues an order under this chapter the tribunal shall send a copy of the order by first class mail to the petitioner and the respondent and to the initiating tribunal, if any. DEL}

{DEL 15-23-18. Inappropriate tribunal. -- DEL} {DEL If a petition or comparable pleading is received by an inappropriate tribunal of this state, it shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner by first class mail where and when the pleading was sent. DEL}

{DEL 15-23-19. Duties of support enforcement agency. -- DEL} {DEL(a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter. DEL}

{DEL (b) A support enforcement agency that is providing services to the petitioner as appropriate shall: DEL}

{DEL (1) take all steps necessary to enable an appropriate tribunal in this state or another state to obtain jurisdiction over the respondent; DEL}

{DEL (2) request an appropriate tribunal to set a date, time and place for a hearing; DEL}

{DEL (3) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties; DEL}

{DEL (4) within two (2) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice from an initiating, responding, or registering tribunal, send a copy of the notice by first class mail to the petitioner; DEL}

{DEL (5) within two (2) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication from the respondent, or the respondent's attorney, send a copy of the communication by first class mail to the petitioner; and DEL}

{DEL (6) notify the petitioner if jurisdiction over the respondent cannot be obtained. DEL}

{DEL 15-23-20. Jurisdiction. -- DEL} {DEL Jurisdiction of any proceeding under this chapter is vested in the family court. DEL}

{DEL 15-23-21. Private counsel. -- DEL} {DEL An individual may employ private counsel to represent the individual in proceedings authorized by this chapter. DEL}

{DEL 15-23-22. Duties of state information agency. -- DEL} {DEL (a) The division of taxation within the department of administration is the state information agency under this chapter. DEL}

{DEL (b) The state information agency shall: DEL}

{DEL (1) compile and maintain a current list, including addresses, of the tribunals in this State which have jurisdiction under this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state; DEL}

{DEL (2) maintain a register of tribunals and support enforcement agencies received from other states; DEL}

{DEL (3) forward to the appropriate tribunal in the place in this state in which the individual obligee or the obligor resides, or in which the obligor's property is believed to be located all documents concerning a proceeding under this chapter received from an initiating tribunal or the state information agency of the initiating state; and DEL}

{DEL (4) obtain information concerning the location of the obligor and the obligor's property within this state not exempt from executive, by such means as postal verification and federal or state local services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, drivers licenses, and social security. DEL}

{DEL 15-23-23. Pleadings and accompanying documents. -- DEL} {DEL(a) A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this chapter must verify the petition. Unless otherwise ordered under section 15-23-24 (Nondisclosure of Information in Exceptional Circumstances), the petition or accompanying documents must provide, so far as known, the name, residential address, and social security number of the obligor and the obligee, and the name, sex, residential address, social security number, and date of birth of each child for whom support is sought. The petition must be accompanied by a certified copy of any support order in effect. The petition may include any other information that may assist in locating or identifying the respondent. DEL}

{DEL (b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency. DEL}

{DEL 15-23-24. Nondisclosure of information in exceptional circumstances. -- DEL} {DEL Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this chapter. DEL}

{DEL 15-23-25. Costs and fees. -- DEL} {DEL(a) The petitioner may not be required to pay a filing fee or other costs. DEL}

{DEL (b) If an obligee prevails, a responding tribunal may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state, except as provided by other law. Attorney's fees may be ordered as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs and expenses. DEL}

{DEL (c) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under sections 15-23-35 through 15-23-46 (Enforcement and modification of Support Order After Registration), a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change. DEL}

{DEL 15-23-26. Limited immunity of petitioner. -- DEL} {DEL (a) Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding. DEL}

{DEL (b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this chapter. DEL}

{DEL (c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while present in this state to participate in the proceeding. DEL}

{DEL 15-23-27. Nonparentage as defense. -- DEL} {DEL A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this chapter. DEL}

{DEL 15-23-28. Special rules of evidence and procedure. -- DEL} {DEL(a) The physical presence of the petitioner in a responding tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage. DEL}

{DEL (b) A verified petition, affidavit, document substantially complying with federal mandated forms, and a document incorporated by reference in any of them, not excluded under the hearsay rule if given in person, is admissible in evidence if given under oath by a party or witness residing in another state. DEL}

{DEL (c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made. DEL}

{DEL (d) Copies of bills for testing for parentage, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten (10) days before trial, are admissible in evidence to prove the amount of the charges billed were reasonable, necessary, and customary. DEL}

{DEL (e) Documentary evidence transmitted from another state to a tribunal of this state by telephone, telecopier, or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission. DEL}

{DEL (f) In a proceeding under this chapter, a tribunal of this state may permit a party or witness residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means at a designated tribunal or other location in that state. A tribunal of this state shall cooperate with tribunals of other states in designating an appropriate location for the deposition or testimony. DEL}

{DEL (g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal. DEL}

{DEL (h) A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter. DEL}

{DEL (i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter. DEL}

{DEL 15-23-29. Communications between tribunals. -- DEL} {DEL A tribunal of this state may communicate with a tribunal of another state in writing, or by telephone or other means, to obtain information concerning the laws of that state, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding in the other state. A tribunal of this state may furnish similar information by similar means to a tribunal of another state. DEL}

{DEL 15-23-30. Assistance with discovery. -- DEL} {DEL A tribunal of this state may: DEL}

{DEL (1) request a tribunal of another state to assist in obtaining discovery; and DEL}

{DEL (2) upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal of another state. DEL}

{DEL 15-23-31. Receipt and disbursement of payments. -- DEL} {DEL A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state a certified statement by the custodian of the record of the amounts and dates of all payments received. DEL}

{DEL 15-23-32. Petition to establish support order. -- DEL} {DEL (a) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state may issue a support order if: DEL}

{DEL (1) the individual seeking the order resides in another state; or DEL}

{DEL (2) the support enforcement agency seeking the order is located in another state. DEL}

{DEL (b) The tribunal may issue a temporary child support order if: DEL}

{DEL (1) the respondent has signed a verified statement acknowledging parentage; DEL}

{DEL (2) the respondent has been determined by or pursuant to law to be the parent; or DEL}

{DEL (3) there is other clear and convincing evidence that the respondent is the child's parent. DEL}

{DEL (c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 15-23-17 (Duties and powers of Responding Tribunal). DEL}

{DEL 15-23-33. Recognition of income-withholding order of another state. -- DEL} {DEL(a) An income-withholding order issued in another state may be sent by first class mail to the person or entity defined as the obligor's employer under the income-withholding law of this state without first filing a petition or comparable pleading or registering the order with a tribunal of this state. Upon receipt of the order, the employer shall: DEL}

{DEL (1) treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state; DEL}

{DEL (2) immediately provide a copy of the order to the obligor; and DEL}

{DEL (3) distribute the funds as directed in the withholding order. DEL}

{DEL (b) An obligor may contest the validity or enforcement of an income-withholding order issued in another state in the same manner as if the order had been issued by a tribunal of this state. Section 15-23-38 (Choice of Law) applies to the contest. The obligor shall give notice of the contest to any support enforcement agency providing services to the obligee and to: DEL}

{DEL (1) the person or agency designated to receive payments in the income-withholding order; or DEL}

{DEL (2) if no person or agency is designated, the obligee. DEL}

{DEL 15-23-34. Administrative enforcement of orders. -- DEL} {DEL(a) A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this state. DEL}

{DEL (b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this chapter. DEL}

{DEL 15-23-35. Registration of order for enforcement. -- DEL} {DEL A support order or an income-withholding order issued by a tribunal of another state may be registered in this state for enforcement. DEL}

{DEL 15-23-36. Procedure to register order for enforcement. -- DEL} {DEL(a) A support order or income-withholding order of another state may be registered in this state by sending the following documents and information to the appropriate tribunal in this state; DEL}

{DEL (1) a letter of transmittal to the tribunal requesting registration and enforcement; DEL}

{DEL (2) two copies, including one certified copy, of all orders to be registered, including any modification of an order; DEL}

{DEL (3) a sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage; DEL}

{DEL (4) the name of the obligor and, if known; DEL}

{DEL (i) the obligor's address and social security number; DEL}

{DEL (ii) the name and address of the obligor's employer and any other source of income of the obligor; and DEL}

{DEL (iii) a description and the location of property of the obligor in this state not exempt from execution; and DEL}

{DEL (5) the name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted. DEL}

{DEL (b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form. DEL}

{DEL (c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought. DEL}

{DEL 15-23-37. Effect of registration for enforcement. -- DEL} {DEL(a) A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of this state. DEL}

{DEL (b) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an other issued by a tribunal of this state. DEL}

{DEL (c) Except as otherwise provided in section 15-23-43 through 15-23-46, a tribunal of this state shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction. DEL}

{DEL 15-23-38. Choice of law. -- DEL} {DEL(a) The law of the issuing state governs the nature, extent, amount, and duration of current payments and other obligations of support and the payment of arrearages under the order. DEL}

{DEL (b) In a proceeding for arrearages, the statute of limitation under the laws of this state or of the issuing state, whichever is longer, applies. DEL}

{DEL 15-23-39. Notice of registration of order. -- DEL} {DEL (a) When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. Notice must be given by first class, certified, or registered mail or by means of personal service authorized by the law of this state. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order. DEL}

{DEL (b) The notice must inform the nonregistering party: DEL}

{DEL (1) that a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state; DEL}

{DEL (2) that a hearing to contest the validity or enforcement of the registered order must be requested within twenty (20) days after the date of mailing or personal service of the notice; DEL}

{DEL (3) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and DEL}

{DEL (4) of the amount of any alleged arrearages. DEL}

{DEL (c) Upon registration of an income-withholding order for enforcement, the registering tribunal shall notify the obligor's employer pursuant to the income-withholding law of this state. DEL}

{DEL 15-23-40. Procedure to contest validity or enforcement of registered order. -- DEL} {DEL(a) a nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing within twenty (20) days after the date of mailing or personal service of notice of the registration. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to section 15-23-41 (Contest of Registration of Enforcement). DEL}

{DEL (b) If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law. DEL}

{DEL (c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties by first class mail of the date, time, and place of the hearing. DEL}

{DEL 15-23-41. Contest of registration or enforcement. -- DEL} {DEL(a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses: DEL}

{DEL (1) the issuing tribunal lacked personal jurisdiction over the contesting party; DEL}

{DEL (2) the order was obtained by fraud; DEL}

{DEL (3) the order has been vacated, suspended, or modified by a later order; DEL}

{DEL (4) the issuing tribunal has stayed the order pending appeal; DEL}

{DEL (5) there is a defense under the law of this state to the remedy sought; DEL}

{DEL (6) full or partial payment has been made; or DEL}

{DEL (7) the statute of limitations under section 15-23-38 (Choice of Law) precludes enforcement of some or all of the arrearages. DEL}

{DEL (b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of this state. DEL}

{DEL (c) If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order. DEL}

{DEL 15-23-42. Confirmed order. -- DEL} {DEL Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. DEL}

{DEL 15-23-43. Procedure to register child support order of another state for modification. -- DEL} {DEL A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in sections 15-23-35 and 15-23-36 and sections 15-23-38 through 15-23-42 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification. DEL}

{DEL 15-23-44. Effect of registration for modification. -- DEL} {DEL A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered order may be modified only if the requirements of section 15-23-45 (Modification of Child Support Order of Another State) have been met. DEL}

{DEL 15-23-45. Modification of child support order of another state. -- DEL} {DEL(a) After a child support order issued in another state has been registered in this state, the responding tribunal of this state may modify that order only if, after notice and hearing, it finds that: DEL}

{DEL (1) the following requirements are met: DEL}

{DEL (i) the child, the individual obligee, and the obligor do not reside in the issuing state; DEL}

{DEL (ii) a petitioner who is a nonresident of this state seeks modification; and DEL}

{DEL (iii) the respondent is subject to the personal jurisdiction of the tribunal of this state; and DEL}

{DEL (2) an individual party or the child is subject to the personal jurisdiction of the tribunal and all of the individual parties have filed a written consent in the issuing tribunal providing that a tribunal of this state may modify the support order and assume continuing, exclusive jurisdiction over the order. DEL}

{DEL (b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner. DEL}

{DEL (c) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state. DEL}

{DEL (d) On issuance of an order modifying a child support order issued in another state, a tribunal of this state becomes the tribunal of continuing, exclusive jurisdiction. DEL}

{DEL (e) Within thirty (30) days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal which had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows that earlier order has been registered. DEL}

{DEL 15-23-46. Recognition of order modified in another state. -- DEL} {DEL A tribunal of this state shall recognize a modification of its earlier child support order by a tribunal of another state which assumed jurisdiction pursuant to a law substantially similar to this chapter and, upon request, except as otherwise provided in this chapter, shall: DEL}

{DEL (1) enforce the order that was modified only as to amounts accruing before the modification; DEL}

{DEL (2) enforce only nonmodifiable aspects of that order; DEL}

{DEL (3) provide other appropriate relief only for violations of that order which occurred before the effective date of the modification; and DEL}

{DEL (4) recognize the modifying order of the other state, upon registration, for the purpose of enforcement. DEL}

{DEL 15-23-47. Proceeding to determine parentage. -- DEL} {DEL (a) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under this chapter or a law substantially similar to this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child. DEL}

{DEL (b) In a proceeding to determine parentage, a responding tribunal of this state shall apply the Uniform Parentage Act; procedural and substantive law of this state, and the rules of this state on choice of law. DEL}

{DEL 15-23-48. Grounds for rendition. -- DEL} {DEL(a) For purposes of section 15-23-48 and 15-23-49, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter. DEL}

{DEL (b) The governor of this state may: DEL}

{DEL (1) demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or DEL}

{DEL (2) on the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee. DEL}

{DEL (c) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom. DEL}

{DEL 15-23-49. Conditions of rendition. -- DEL} {DEL(a) Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee the governor of this state may require a prosecutor of this state to demonstrate that at least sixty (60) days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail. DEL}

{DEL (b) If, under this chapter or a law substantially to this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding. DEL}

{DEL (c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order. DEL}

{DEL 15-23-50. Official to represent obligee. -- DEL} {DEL In any proceeding under this chapter, the division of taxation within the department of administration legal counsel shall represent the obligee. DEL}

{DEL 15-23-51. Uniformity of application and construction. -- DEL} {DEL This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. DEL}

{DEL 15-23-52. Short title. -- DEL} {DEL This chapter may be cited as the Uniform Interstate Family Support Act. DEL}

{DEL 15-23-53. Severability clause. -- DEL} {DEL If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. DEL}

SECTION 15. Title 15 of the General Laws entitled "DOMESTIC RELATIONS" is hereby amended by adding thereto the following chapter:

{ADDCHAPTER 23.1
UNIFORM INTERSTATE FAMILY SUPPORT ACT ADD}

{ADD 15-23.1-101. Definitions. -- ADD} {ADD In this chapter: ADD}

{ADD (1) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. ADD}

{ADD (2) "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state. ADD}

{ADD (3) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. ADD}

{ADD (4) "Home state" means the state in which a child lived with a parent or a person acting as parent for at least six (6) consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six (6) months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six (6) month or other period. ADD}

{ADD (5) "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state. ADD}

{ADD (6) "Income-withholding order" means an order or other legal process directed to an obligor's employer or other debtor, as defined by section 15-16-1 et, seq., to withhold support from the income of the obligor. ADD}

{ADD (7) "Initiating state" means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under this chapter or a law or procedure substantially similar to this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of the Support Act. ADD}

{ADD (8) "Initiating tribunal" means the authorized tribunal in an initiating state. ADD}

{ADD (9) "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining parentage. ADD}

{ADD (10) "Issuing tribunal" means the tribunal that issues a support order or renders a judgment determining parentage. ADD}

{ADD (11) "Law" includes decisional and statutory law and rules and regulations having the force of law. ADD}

{ADD (12) "Obligee" means: ADD}

{ADD (i) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered; ADD}

{ADD (ii) a state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or ADD}

{ADD (iii) An individual seeking a judgment determining parentage of the individual's child. ADD}

{ADD (13) "Obligor" means an individual, or the estate of a decedent: ADD}

{ADD (i) who owes or is alleged to owe a duty of support; ADD}

{ADD (ii) who is alleged but has not been adjudicated to be a parent of a child; or ADD}

{ADD (iii) who is liable under a support order. ADD}

{ADD (14) "Register" means to file a support order or judgment determining parentage in the registry of the Rhode Island family court. ADD}

{ADD (15) "Registering tribunal" means a tribunal in which a support order is registered. ADD}

{ADD (16) "Responding state" means a state in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under this chapter or a law substantially similar to this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act. ADD}

{ADD (17) "Responding tribunal" means the authorized tribunal in a responding state. ADD}

{ADD (18) "Spousal-support order" means a support order for a spouse or former spouse of the obligor. ADD}

{ADD (19) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. The term "state" includes: ADD}

{ADD (i) an Indian tribe; and ADD}

{ADD (ii) a foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under this chapter or the procedures under the Uniform Reciprocal Enforcement of Support Chapter or the Revised Uniform Reciprocal Enforcement of Support Act. ADD}

{ADD (20) "Support enforcement agency" means a public official or agency authorized to seek: ADD}

{ADD (i) enforcement of support orders or laws relating to the duty of support; ADD}

{ADD (ii) establishment or modification of child support; ADD}

{ADD (iii) determination of parentage; or ADD}

{ADD (iv) to locate obligors or their assets. ADD}

{ADD (21) "Support order" means a judgment, decree, or order, whether temporary, final, or subject to modification, for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, or reimbursement, and may include related costs and fees, interest, income withholding, attorney's fees, and other relief. ADD}

{ADD (22) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage. ADD}

{ADD 15-23.1-102. Tribunals of this state. -- ADD} {ADD The Rhode Island family court, and, where specifically authorized by law, the Rhode Island division of taxation within the department of administration are the tribunals of this State. ADD}

{ADD 15-23.1-103. Remedies cumulative. -- ADD} {ADD Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law. ADD}

{ADD 15-23.1-201. Bases for jurisdiction over nonresident. -- ADD} {ADD In proceeding to establish, enforce, or modify a support order or to determine parentage, a tribunal of this State may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if: ADD}

{ADD (1) the individual is personally served within this State pursuant to the Rules of Domestic Relations; ADD}

{ADD (2) the individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction; ADD}

{ADD (3) the individual resided with the child in this state; ADD}

{ADD (4) the individual resided in this state and provided prenatal expenses or support for the child; ADD}

{ADD (5) the child resides in this state as a result of the acts or directives of the individual; ADD}

{ADD (6) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse; ADD}

{ADD (7) the individual acknowledged paternity by completing an affidavit of paternity signed by both parents; or ADD}

{ADD (8) there is any other basis consistent with the constitutions of this state, and the United States for the exercise of personal jurisdiction. ADD}

{ADD 15-23.1-202. Procedure when exercising jurisdiction over nonresident. -- ADD} {ADD A tribunal of this state exercising personal jurisdiction over a nonresident under section 15-23.1 may apply 15-23.1-316 (Special Rules of Evidence and Procedure) to receive evidence from another state, and 15-23.1-318 (Assistance with Discovery) to obtain discovery through a tribunal of another state. In all other respects, Articles 3 through 7 do not apply and the tribunal shall apply the procedural and substantive law of this state, including the rules on choice of law other than those established by this chapter. ADD}

{ADD 15-23.1-203. Initiating and responding tribunal of state. -- ADD} {ADD Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal for proceedings initiated in another state. ADD}

{ADD 15-23.1-204. Simultaneous proceedings in another state. -- ADD} {ADD(a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state only if: ADD}

{ADD (1) the petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state; ADD}

{ADD (2) the contesting party timely challenges the exercise of jurisdiction in the other state; and ADD}

{ADD (3) if relevant, the other state is the home state of the child. ADD}

{ADD (b) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state if: ADD}

{ADD (1) the petition or comparable pleading in the other state is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state; ADD}

{ADD (2) the contesting party timely challenges the exercise of jurisdiction in this state; and ADD}

{ADD (3) if relevant, the other state is the home state of the child. ADD}

{ADD 15-23.1-205. Continuing, exclusive jurisdiction. --ADD} {ADD (a) A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a child support order; ADD}

{ADD (1) as long as this state remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or ADD}

{ADD (2) until all of the parties who are individuals have filed written consents with the tribunal of this state for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction. ADD}

{ADD (b) A tribunal of this state issuing a child support order consistent with the law of this state may not exercise its continuing jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant to a law substantially similar to this chapter. ADD}

{ADD (c) If a child support order of this state is modified by a tribunal of another state pursuant to a law substantially similar to this chapter, a tribunal of this state loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order issued in this state, and may only: ADD}

{ADD (1) enforce the order that was modified as to amounts accruing before the modification; ADD}

{ADD (2) enforce nonmodifiable aspects of that order; and ADD}

{ADD (3) provide other appropriate relief for violations of that order which occurred before the effective date of the modification. ADD}

{ADD (d) A tribunal of this state shall recognize the continuing, exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to a law substantially similar to this chapter. ADD}

{ADD (e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal. ADD}

{ADD (f) A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. A tribunal of this state may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state. ADD}

{ADD 15-23.1-206. Enforcement and modification of support order by tribunal having continuing jurisdiction. -- ADD} {ADD(a) A tribunal of this state may serve as an initiating tribunal to request a tribunal of another state to enforce or modify a support order issued in that state. ADD}

{ADD (b) A tribunal of this state having continuing, exclusive jurisdiction over a support order may act as a responding tribunal to enforce or modify the order. If a party subject to the continuing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subsequent proceedings the tribunal may apply section 15-23.1-316 (Special Rules of Evidence and Procedure) to receive evidence from another state and section 15-23.1-318 (Assistance with Discovery) to obtain discovery through a tribunal of another state. ADD}

{ADD (c) A tribunal of this state which lacks continuing, exclusive jurisdiction over a spousal support order may not serve as a responding tribunal to modify a spousal support order of another state. ADD}

{ADD 15-23.1-207. Recognition of controlling child support order. -- ADD} {ADD (a) If a proceeding is brought under this chapter, and only one tribunal has issued a child support order, the order of that tribunal controls and must be so recognized. ADD}

{ADD (b) If a proceeding is brought under this chapter, and two or more child support orders have been issued by tribunals of this state or another state with regard to the same obligor and child, a tribunal of this state shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction. ADD}

{ADD (1) If only one (1) of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal controls and must be so recognized. ADD}

{ADD (2) If more than one (1) of the tribunals would have continuing, exclusive jurisdiction under this chapter, an order issued by a tribunal in the current home state of the child controls and must be so recognized, but if an order has not been issued in the current home state of the child, the order most recently issued controls and must be so recognized. ADD}

{ADD (3) If none of the tribunals would have continuing exclusive jurisdiction under this chapter, the tribunal of this state having jurisdiction over the parties shall issue a child support order, which controls and must be so recognized. ADD}

{ADD (c) If two (2) or more child support orders have been issued for the same obligor and child and if the obligor or the individual obligee resides in this state, a party may request a tribunal of this state to determine which order controls and must be so recognized under subsection (b). The request must be accompanied by a certified copy of every support order in effect. The requesting party shall give notice of the request to each party whose rights may be affected by the determination. ADD}

{ADD (d) The tribunal that issued the controlling order under subsection (a), (b), or (c) is the tribunal that has continuing exclusive jurisdiction under section 15-23.1-205. ADD}

{ADD (e) A tribunal of this state which determines by order the identity of the controlling order under subsections (b)(1) or (2), or which issues a new controlling order under subsection (b)(3) shall state in that order the basis upon which the tribunal made its determination. ADD}

{ADD (f) Within thirty (30) days after issuance of an order determining the identity of the controlling order, the party obtaining the order shall file a certified copy of it with each tribunal that issued or registered an earlier order of child support. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. the failure to file does not effect the validity or enforceability of the controlling order. ADD}

{ADD 15-23.1-208. Multiple child support orders for two or more obligees. -- ADD} {ADD In responding to multiple registrations or petitions for enforcement of two (2) or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state, a tribunal of this state shall enforce those orders in the same manner as if the multiple orders had been issued by a tribunal of this state. ADD}

{ADD 15-23.1-209. Credit for payments. -- ADD} {ADD Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against the amounts accruing or accrued for the same period under a support order issued by the tribunal of this state. ADD}

{ADD 15-23.1-301. Proceedings under this chapter. -- ADD} {ADD(a) Except as otherwise provided in this chapter, this article applies to all proceedings under this chapter. ADD}

{ADD (b) This chapter provides for the following proceedings: ADD}

{ADD (1) establishment of an order for spousal support or child support pursuant to Article 4; ADD}

{ADD (2) enforcement of a support order and income-withholding order of another state without registration pursuant to Article 5; ADD}

{ADD (3) registration of an order for spousal support or child support of another state for enforcement pursuant to Article 6; ADD}

{ADD (4) modification of an order for child support or spousal support issued by a tribunal of this state pursuant to Article 2, Part 2; ADD}

{ADD (5) registration of an order for child support of another state for modification pursuant to Article 6; ADD}

{ADD (6) determination of parentage pursuant to Article 7; and ADD}

{ADD (7) assertion of jurisdiction over nonresidents pursuant to Article 2, Part 1. ADD}

{ADD (c) An individual petitioner or a support enforcement agency may commence a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state which has or can obtain personal jurisdiction over the respondent. ADD}

{ADD 15-23.1-302. Action by minor parent. -- ADD} {ADD A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child. ADD}

{ADD 15-23.1-303. Application of law of this state. -- ADD} {ADD Except as otherwise provided by this chapter, a responding tribunal of this state: ADD}

{ADD (1) shall apply the procedural and substantive law, including the rules on choice of law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and ADD}

{ADD (2) shall determine the duty of support and the amount payable in accordance with the law and support guidelines of this state. ADD}

{ADD 15-23.1-304. Duties of initiating tribunal. -- ADD} {ADD(a) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward three (3) copies of the petition and its accompanying documents: ADD}

{ADD (1) to the responding tribunal or appropriate support enforcement agency in the responding state; or ADD}

{ADD (2) if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged. ADD}

{ADD (b) If a responding state has not enacted this chapter or a law or procedure substantially similar to the chapter, a tribunal of this state may issue a certificate or other document and make findings required by the law of the responding state. If the responding state is a foreign jurisdiction, the tribunal may specify the amount of support sought and provide other documents necessary to satisfy the requirements of the responding state. ADD}

{ADD 15-23.1-305. Duties and powers of responding tribunal. -- ADD} {ADD (a) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to section 15-23.1-301(c) (Proceedings Under this chapter) it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed. ADD}

{ADD (b) A responding tribunal of this state, to the extent otherwise authorized by law, may do one or more of the following: ADD}

{ADD (1) issue or enforce a support order, modify a child support order or render a judgment to determine parentage; ADD}

{ADD (2) order an obligor to comply with a support order specifying the amount and the manner of compliance; ADD}

{ADD (3) order income withholding; ADD}

{ADD (4) determine the amount of any arrearages, and specify a method of payment; ADD}

{ADD (5) enforce orders by civil or criminal contempt, or both; ADD}

{ADD (6) set aside property for satisfaction of the support order; ADD}

{ADD (7) place liens and order execution on the obligor's property; ADD}

{ADD (8) order an obligor to keep the tribunal informed of the obligor's current residential address, telephone number, employer, address of employment, and telephone number at the place of employment; ADD}

{ADD (9) issue a body attachment for an obligor who has failed after proper notice to appear at hearing ordered by the tribunal and enter the body attachment; ADD}

{ADD (10) order the obligor to seek appropriate employment by specified methods; ADD}

{ADD (11) award reasonable attorney's fees and other fees and costs; and ADD}

{ADD (12) grant any other available remedy. ADD}

{ADD (c) A responding tribunal of this state shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based. ADD}

{ADD (d) A responding tribunal of this state may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for visitation. ADD}

{ADD (e) If a responding tribunal of this state issues an order under this chapter the tribunal shall send a copy of the order by first class mail to the petitioner and the respondent and to the initiating tribunal, if any. ADD}

{ADD 15-23.1-306. Inappropriate tribunal. -- ADD} {ADD If a petition or comparable pleading is received by an inappropriate tribunal of this state, it shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner by first class mail where and when the pleading was sent. ADD}

{ADD 15-23.1-307. Duties of support enforcement agency. -- ADD} {ADD (a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter. ADD}

{ADD (b) A support enforcement agency that is providing services to the petitioner as appropriate shall: ADD}

{ADD (1) take all steps necessary to enable an appropriate tribunal in this state or another state to obtain jurisdiction over the respondent; ADD}

{ADD (2) request an appropriate tribunal to set a date, time and place for a hearing; ADD}

{ADD (3) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties; ADD}

{ADD (4) within two (2) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner; ADD}

{ADD (5) within two (2) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication from the respondent, or the respondent's attorney, send a copy of the communication to the petitioner; and ADD}

{ADD (6) notify the petitioner if jurisdiction over the respondent cannot be obtained. ADD}

{ADD 15-23.1-308. Duty of attorney general. -- ADD} {ADD If the attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties under the chapter or may provide those services directly to the individual. ADD}

{ADD 15-23.1-309. Private counsel. --ADD} {ADD An individual may employ private counsel to represent the individual in proceedings authorized by this chapter. ADD}

{ADD 15-23.1-310. Duties of state information agency. -- ADD} {ADD (a) The division of taxation within the department of administration is the state information agency under this chapter. ADD}

{ADD (b) The state information agency shall: ADD}

{ADD (1) compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state; ADD}

{ADD (2) maintain a register of tribunals and support enforcement agencies received from other states; ADD}

{ADD (3) forward to the appropriate tribunal in the place in this state in which the individual obligee or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this chapter received from an initiating tribunal or the state information agency of the initiating state; and ADD}

{ADD (4) obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, drivers licenses, and social security. ADD}

{ADD 15-23.1-311. Pleadings and accompanying documents. -- ADD} {ADD (a) A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this chapter must verify the petition. Unless otherwise ordered under section 15-23.1-312 (Nondisclosure of Information in Exceptional Circumstances), the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee, and the name, sex, residential address, social security number, and date of birth of each child for whom support is sought. The petition must be accompanied by a certified copy of any support order in effect. The petition may include any other information that may assist in locating or identifying the respondent. ADD}

{ADD (b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency. ADD}

{ADD 15-23.1-312. Nondisclosure of information in exceptional circumstances. -- ADD} {ADD Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this chapter. ADD}

{ADD 15-23.1-313. Costs and fees. -- ADD} {ADD(a) The petitioner may not be required to pay a filing fee or other costs. ADD}

{ADD (b) If an obligee prevails, a responding tribunal may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state, except as provided by other law. Attorney's fees may be ordered as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs and expenses. ADD}

{ADD (c) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under Article 6 (Enforcement and modification of Support Order After Registration), a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change. ADD}

{ADD 15-23.1-314. Limited immunity of petitioner. -- ADD} {ADD(a) Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding. ADD}

{ADD (b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this chapter. ADD}

{ADD (c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while present in this state to participate in the proceeding. ADD}

{ADD 15-23.1-315. Nonparentage as defense. -- ADD} {ADD A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this chapter. ADD}

{ADD 15-23.1-316. Special rules of evidence and procedure. -- ADD} {ADD (a) The physical presence of the petitioner in a responding tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage. ADD}

{ADD (b) A verified petition, affidavit, document substantially complying with federal mandated forms, and a document incorporated by reference in any of them, not excluded under the hearsay rule if given in person, is admissible in evidence if given under oath by a party or witness residing in another state. ADD}

{ADD (c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made. ADD}

{ADD (d) Copies of bills for testing for parentage, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten (10) days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary. ADD}

{ADD (e) Documentary evidence transmitted from another state to a tribunal of this state by telephone, telecopier, or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission. ADD}

{ADD (f) In a proceeding under this chapter, a tribunal of this state may permit a party or witness residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means at a designated tribunal or other location in that state. A tribunal of this state shall cooperate with tribunals of other states in designating an appropriate location for the deposition or testimony. ADD}

{ADD (g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal. ADD}

{ADD (h) A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter. ADD}

{ADD (i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter. ADD}

{ADD 15-23.1-317. Communications between tribunals. -- ADD} {ADD A tribunal of this state may communicate with a tribunal of another state in writing, or by telephone or other means, to obtain information concerning the laws of that state, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding in the other state. A tribunal of this state may furnish similar information by similar means to a tribunal of another state. ADD}

{ADD 15-23.1-318. Assistance with discovery. -- ADD} {ADD A tribunal of this state may: ADD}

{ADD (1) request a tribunal of another state to assist in obtaining discovery; and ADD}

{ADD (2) upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal of another state. ADD}

{ADD 15-23.1-319. Receipt and disbursement of payments. -- ADD} {ADD A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state a certified statement by the custodian of the record of the amounts and dates of all payments received. ADD}

{ADD 15-23.1-401. Petition to establish support order. -- ADD} {ADD (a) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state may issue a support order if: ADD}

{ADD (1) the individual seeking the order resides in another state; or ADD}

{ADD (2) the support enforcement agency seeking the order is located in another state. ADD}

{ADD (b) The tribunal may issue a temporary child support order if: ADD}

{ADD (1) the respondent has signed a verified statement acknowledging parentage; ADD}

{ADD (2) the respondent has been determined by or pursuant to law to be the parent; or ADD}

{ADD (3) there is other clear and convincing evidence that the respondent is the child's parent. ADD}

{ADD (c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 15-23.1-305 (Duties and powers of Responding Tribunal). ADD}

{ADD 15-23.1-501. Employer's receipt of income-withholding order of another state. -- ADD} {ADD An income-withholding order issued in another state may be sent to the person or entity defined as the obligor's employer under the income-withholding law of this state without first filing a petition or comparable pleading or registering the order with a tribunal of this state. ADD}

{ADD 15-23.1-502. Employer's compliance with income-withholding order of another state. -- ADD} {ADD(a) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor. ADD}

{ADD (b) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state. ADD}

{ADD (c) Except as otherwise provided in subsection (d) and section 15-23.1-503, the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order, which specify: ADD}

{ADD (1) the duration and amount of periodic payments of current child support, stated as a sum certain; ADD}

{ADD (2) the person or agency designated to receive payments and the address to which the payments are to be forwarded; ADD}

{ADD (3) medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment; ADD}

{ADD (4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, state as sums certain; and ADD}

{ADD (5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain. ADD}

{ADD (d) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to: ADD}

{ADD (1) the employer's fee for processing an income withholding order; ADD}

{ADD (2) the maximum amount permitted to be withheld from the obligor's income; and ADD}

{ADD (3) the times within which the employer must implement the withholding order and forward the child support payment. ADD}

{ADD 15-23.1-503. Compliance with multiple income-withholding orders. -- ADD} {ADD If an obligor's employer receives multiple income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the multiple orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for multiple child support obligees. ADD}

{ADD 15-23.1-504. Immunity from civil liability. -- ADD} {ADD An employer who complies with an income-withholding order issued in another state in accordance with this article is not subject to civil liability to any individual or agency with regard to the employer's withholding of child support from the obligor's income. ADD}

{ADD 15-23.1-505. Penalties for noncompliance. -- ADD} {ADD An employer who willfully fails to comply with an income-withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state. ADD}

{ADD 15-23.1-506. Contest by obligor. -- ADD} {ADD (a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state in the same manner as if the order had been issued by a tribunal of this state. Section 15-23.1-604 (Choice of Law) applies to the contest. ADD}

{ADD (b) The obligor shall give notice of the contest to: ADD}

{ADD (1) a support enforcement agency providing services to the obligee; ADD}

{ADD (2) each employer that has directly received an income-withholding order; and ADD}

{ADD (3) the person or agency designated to receive payments in the income-withholding order or if no person or agency is designated, to the obligee. ADD}

{ADD 15-23.1-507. Administrative enforcement of orders. -- ADD} {ADD (a) A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this state. ADD}

{ADD (b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this chapter. ADD}

{ADD 15-23.1-601. Registration of order for enforcement. -- ADD} {ADD A support order or an income-withholding order issued by a tribunal of another state may be registered in this state for enforcement. ADD}

{ADD 15-23.1-602. Procedure to register order for enforcement. -- ADD} {ADD(a) A support order or income-withholding order of another state may be registered in this state by sending the following documents and information to the appropriate tribunal in this state; ADD}

{ADD (1) a letter of transmittal to the tribunal requesting registration and enforcement; ADD}

{ADD (2) two (2) copies, including one certified copy, of all orders to be registered, including any modification of an order; ADD}

{ADD (3) a sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage; ADD}

{ADD (4) the name of the obligor and, if known; ADD}

{ADD (i) the obligor's address and social security number; ADD}

{ADD (ii) the name and address of the obligor's employer and any other source of income of the obligor; and ADD}

{ADD (iii) a description and the location of property of the obligor in this state not exempt from execution; and ADD}

{ADD (5) the name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted. ADD}

{ADD (b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form. ADD}

{ADD (c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought. ADD}

{ADD 15-23.1-603. Effect of registration for enforcement. -- ADD} {ADD (a) A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of this state. ADD}

{ADD (b) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state. ADD}

{ADD (c) Except as otherwise provided in this article, a tribunal of this state shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction. ADD}

{ADD 15-23.1-604. Choice of law. -- ADD} {ADD(a) The law of the issuing state governs the nature, extent, amount, and duration of current payments and other obligations of support and the payment of arrearages under the order. ADD}

{ADD (b) In a proceeding for arrearages, the statute of limitation under the laws of this state or of the issuing state, whichever is longer, applies. ADD}

{ADD 15-23.1-605. Notice of registration of order. -- ADD} {ADD(a) When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order. ADD}

{ADD (b) The notice must inform the nonregistering party: ADD}

{ADD (1) that a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state; ADD}

{ADD (2) that a hearing to contest the validity or enforcement of the registered order must be requested within twenty (20) days after the date of mailing or personal service of the notice; ADD}

{ADD (3) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and ADD}

{ADD (4) of the amount of any alleged arrearages. ADD}

{ADD (c) Upon registration of an income-withholding order for enforcement, the registering tribunal shall notify the obligor's employer pursuant to the income-withholding law of this state. ADD}

{ADD 15-23.1-606. Procedure to contest validity or enforcement of registered order. -- ADD} {ADD(a) a nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing within twenty (20) days after the date of mailing or personal service of notice of the registration. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to section 15-23.1-607 (Contest of Registration or Enforcement). ADD}

{ADD (b) If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law. ADD}

{ADD (c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing. ADD}

{ADD 15-23.1-607. Contest of registration or enforcement. -- ADD} {ADD (a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses: ADD}

{ADD (1) the issuing tribunal lacked personal jurisdiction over the contesting party; ADD}

{ADD (2) the order was obtained by fraud; ADD}

{ADD (3) the order has been vacated, suspended, or modified by a later order; ADD}

{ADD (4) the issuing tribunal has stayed the order pending appeal; ADD}

{ADD (5) there is a defense under the law of this state to the remedy sought; ADD}

{ADD (6) full or partial payment has been made; or ADD}

{ADD (7) the statute of limitations under section 15-23.1-604 (Choice of Law) precludes enforcement of some or all of the arrearages. ADD}

{ADD (b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of this state. ADD}

{ADD (c) If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order. ADD}

{ADD 15-23.1-608. Confirmed order. -- ADD} {ADD Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. ADD}

{ADD 15-23.1-609. Procedure to register child support order of another state for modification. -- ADD} {ADD A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in Part 1 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification. ADD}

{ADD 15-23.1-610. Effect of registration for modification. -- ADD} {ADD A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered order may be modified only if the requirements of section 15-23.1-611 (Modification of Child Support Order of Another State) have been met. ADD}

{ADD 15-23.1-611. Modification of child support order of another state. -- ADD} {ADD(a) After a child support order issued in another state has been registered in this state, the responding tribunal of this state may modify that order only if section 15-23.1-613 does not apply and, after notice and hearing, it finds that: ADD}

{ADD (1) the following requirements are met: ADD}

{ADD (i) the child, the individual obligee, and the obligor do not reside in the issuing state; ADD}

{ADD (ii) a petitioner who is a nonresident of this state seeks modification; and ADD}

{ADD (iii) the respondent is subject to the personal jurisdiction of the tribunal of this state; or ADD}

{ADD (2) the child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of this state and all of the parties who are individuals have filed a written consent in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction over the order. However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures under this act, the consent otherwise required of an individual residing in this state is not required for the tribunal to assume jurisdiction to modify the child support order. ADD}

{ADD (b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner. ADD}

{ADD (c) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state. If two (2) or more tribunals have issued child support orders for the same obligor and child, the order that controls and must be so recognized under section 15-23.1-207 establishes the aspects of the support order which are nonmodifiable. ADD}

{ADD (d) On issuance of an order modifying a child support order issued in another state, a tribunal of this state becomes the tribunal of continuing, exclusive jurisdiction. ADD}

{ADD 15-23.1-612. Recognition of order modified in another state. -- ADD} {ADD A tribunal of this state shall recognize a modification of its earlier child support order by a tribunal of another state which assumed jurisdiction pursuant to a law substantially similar to this chapter and, upon request, except as otherwise provided in this chapter, shall: ADD}

{ADD (1) enforce the order that was modified only as to amounts accruing before the modification; ADD}

{ADD (2) enforce only nonmodifiable aspects of that order; ADD}

{ADD (3) provide other appropriate relief only for violations of that order which occurred before the effective date of the modification; and ADD}

{ADD (4) recognize the modifying order of the other state, upon registration, for the purpose of enforcement. ADD}

{ADD 15-23.1-613. Jurisdiction to modify support order of another state when individual parties reside in this state. -- ADD} {ADD (a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order. ADD}

{ADD (b) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of Articles 1 and 2, this Article, and the procedural and substantive law of this state to the enforcement or modification. Articles 3, 4, 5, 7 and 8 do not apply. ADD}

{ADD 15-23.1-614. Notice to issuing tribunal of modification. -- ADD} {ADD Within thirty (30) days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity of enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction. ADD}

{ADD 15-23.1-701. Proceeding to determine parentage. -- ADD} {ADD(a) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under this chapter or a law substantially similar to this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child. ADD}

{ADD (b) In a proceeding to determine parentage, a responding tribunal of this state shall apply the Uniform Parentage Act; procedural and substantive law of this state, and the rules of this state on choice of law. ADD}

{ADD 15-23.1-801. Grounds for rendition. -- ADD} {ADD (a) For purposes of this article "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter. ADD}

{ADD (b) The governor of this state may: ADD}

{ADD (1) demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or ADD}

{ADD (2) on the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee. ADD}

{ADD (c) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom. ADD}

{ADD 15-23.1-802. Conditions of rendition. -- ADD} {ADD (a) Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee the governor of this state may require a prosecutor of this state to demonstrate that at least sixty (60) days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail. ADD}

{ADD (b) If, under this chapter or a law substantially similar to this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding. ADD}

{ADD (c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order. ADD}

{ADD 15-23.1-901. Uniformity of application and construction. -- ADD} {ADD This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. ADD}

{ADD 15-23.1-902. Short title. -- ADD} {ADD This chapter may be cited as the Uniform Interstate Family Support Act. ADD}

{ADD 15-23.1-903. Severability clause. -- ADD} {ADD If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. ADD}

{ADD 15-23.1-904. Effective date. -- ADD} {ADD This act as amended takes effect upon passage. ADD}

{ADD 15-23.1-905. Jurisdiction. -- ADD} {ADD The Rhode Island family court, and where specifically authorized by law, the Rhode Island division of taxation within the department of administration shall have jurisdiction of any proceeding under this chapter. ADD}

{ADD 15-23.1-906. Legal counsel. -- ADD} {ADD In any proceeding under this chapter, legal counsel for the department of administration division of taxation, child support enforcement, shall represent the obligee. ADD}

{ADD 15-23.1-907. Remedies of state or political subdivision furnishing support. -- ADD} {ADD Except in cases involving fraud, misrepresentation, or false statement, if a state or a political subdivision furnishes support to an individual obligee it shall not have the right to initiate a proceeding under this chapter for the purpose of securing reimbursement for support furnished. The state shall have the right to initiate a proceeding for the purpose of (a) obtaining continuing support and/or (b) reimbursement in cases of fraud, misrepresentation, or false statement. ADD}

{ADD Provided, further, the state shall have the right to recover all arrearages in court ordered support payments which were ordered or agreed to for continuing support and not for reimbursement of aid to families with dependent children (AFDC). ADD}

{ADD Except to the extent that support furnished was obtained by fraud, misrepresentation or false statement, the state, through the department of administration, division of taxation, child support enforcement, shall take all necessary action, including court action to dismiss all proceedings relating to reimbursement for support furnished and to vacate any orders relating to reimbursement for support furnished. The department shall further take all necessary action to discharge all liens against real estate and/or personal property which resulted from a proceeding for reimbursement for support furnished. ADD}

{ADD No person who has paid the state any sum as a result of a proceeding for reimbursement of support furnished shall be entitled to a refund of the amount paid or a credit of the amount paid against a continuing support obligation or an arrearage of a support obligation. ADD}

SECTION 16. Title 15 of the General Laws entitled "DOMESTIC RELATIONS" is hereby amended by adding thereto the following chapters:

{ADD 15-24-1. Purpose. -- ADD} {ADD The purpose of this chapter is to enhance the enforcement of support obligations by requiring employers to report all new hires or rehires effective October 1, 1997, by establishing a state directory of new hires to be reported to a national directory of new hires, to establish procedures for reporting and penalties for failure to report, in accordance with title IV, part D, section 454 of the Federal Social Security Act (42 USC section 654) and as defined in section 15-24-2 of this chapter. This chapter shall be construed liberally to effect this purpose. ADD}

{ADD 15-24-2. General rule on reporting. -- ADD} {ADD On or before the effective date of employment, a new employee must complete a W-4 form as is required by both Rhode Island and federal law. Internal Revenue Code Section 3402 (8)(2)(A). ADD}

{ADD Within fourteen (14) days of the employee's effective date of employment or effective date of reinstatement, the employer must submit to the department of administration, division of taxation or its designee, the information as provided in section 15-24-5. ADD}

{ADD 15-24-3. Definitions. -- ADD} {ADD As used in this chapter, unless the context otherwise requires: ADD}

{ADD (1) "Compensation" means payment owed by the employer for: ADD}

{ADD (a) Labor or services rendered by an employee or ADD}

{ADD (b) Benefits including, but not limited to, vacation, holiday, and sick leave, and severance payments which are due an employee under an agreement with the employer or under a policy of the employer. ADD}

{ADD (2) "Date of hire" means the date of commencement of employment, but no later than the first day for which the employee is eligible for compensation. ADD}

{ADD (3) "Days" means calendar days. ADD}

{ADD (4) "Department" means the department of administration division of taxation or its designee. ADD}

{ADD (5) "Dependent" includes a spouse or child or any other person who is in need of or entitled to support from a person who is declared to be legally liable for the support of that dependent. ADD}

{ADD (6) "Employee" means a natural person who performs labor in this state and is employed by an employer in this state for compensation and for whom the employer withholds federal or state income tax from the employee's compensation. ADD}

{ADD (7) "Employer" means a person or entity doing business in this state who engages an employee for compensation and for whom the employer withholds federal or state tax liabilities from the employee's compensation. ADD}

{ADD (8) "Natural person" means an individual and not a corporation, government, business trust, estate, partnership, or other legal entity, however organized. ADD}

{ADD (9) "W-4 form" also known as the Employers Withholding Allowance Certificate, the form issued by the Internal Revenue Service of the United States to record the federal income tax withholding allowance available to each employer. ADD}

{ADD (10) "Rehire" means the first day for which an employee is owed compensation by the employer following a termination of employment lasting a minimum of twelve (12) consecutive weeks. Termination of employment does not include temporary separations from employment such as unpaid leave of absence, or a temporary layoff. ADD}

{ADD 15-24-4. Employees obligation. -- ADD} {ADD On or before the effective date of employment, an employee must complete the sections of the W-4 form pertaining to the employee's name, address, date of birth, social security number, signature and date of signing, and submit the form to his or her employer. If an employee is being reinstated after a lapse in pay, the employee may, but is not required to, complete a new W-4 form. ADD}

{ADD 15-24-5. Employer's reporting requirements. -- ADD} {ADD Beginning October 1, 1997, an employer who hires or rehires an employee on or after October 1, 1997, must report the hiring or rehiring of the employee to the department or its designee not later than fourteen (14) days after hire or rehire if reporting on a W-4 or its equivalent, or twice a month, if reporting electronically or magnetically. ADD}

{ADD (1) The report submitted shall contain the following: ADD}

{ADD (a) The employer's name, address, and federal identification number. ADD}

{ADD (b) The employee's name, address, social security number. ADD}

{ADD (c) Information regarding whether the employer has employee dependent health care coverage available and the appropriate date on which the employee may qualify for the coverage. ADD}

{ADD (d) The address to which income withholding orders and garnishments should be sent. ADD}

{ADD (2) Employers must report the information required under subsection (1) by any of the following means: ADD}

{ADD (a) By mailing a copy of the W-4 form. If a copy of the W-4 form is delivered by the United States Postal Services to the department after its due date, the postmark date stamped on the envelope is deemed to be the date of submission, provided that the copy of the W-4 form was mailed in the United States, first class, postage prepaid, and properly addressed in accordance with instructions provided. ADD}

{ADD (b) By submitting a fax transmission of the W-4. ADD}

{ADD (c) By transmission by magnetic tape or electronically in the format and tape layout prescribed by the department, in the case of an employer transmitting reports magnetically or electronically, by two (2) monthly transmissions not less than twelve (12) days, nor more than fifteen (15) days apart. ADD}

{ADD (d) By any other means authorized by the department if the means will result in timely reporting and provided the employer obtains prior written approval to use said means. Use of alternative means of reporting shall not affect the obligation of the employer to submit the report within the time prescribed herein. ADD}

{ADD 15-24-6. Transmission of wage withholding notices to employers. -- ADD} {ADD Within two (2) business days after the date information regarding a newly-hired employee is entered into the state directory of new hires, the department shall forward a wage withholding order to the employer unless the employee's income is not subject to withholding pursuant to section 15-5-24. ADD}

{ADD 15-24-7. Failure to comply. -- ADD} {ADD Any employer who fails to report as required under this section, shall be liable for a civil penalty of twenty dollars ($20.00) for each violation, to be assessed by the department, and shall be required to provide such information. If it is demonstrated that the employer conspired with the employee to avoid reporting, a five hundred dollar ($500) civil penalty may be assessed by the department. Liability shall be joint and several. ADD}

{ADD 15-24-8. Unauthorized disclosure of information. -- ADD} {ADD Unauthorized disclosure of information caused by the department under these provisions, by any employee or agent of the state, is punishable by a fine of one hundred dollars ($100) per offense and is subject to administrative discipline of such employee. ADD}

{ADD 15-24-9. Department's obligation. -- ADD} {ADD The department must use information collected pursuant to this chapter to prevent tax evasion, fraud in financial assistance, benefits or loan programs administrated by agencies including, but not limited to, the department of labor and training and the department of human services, and to assist the IV-D agency in locating absent parents, and establishing, enforcing and modifying child support orders. ADD}

{ADD This chapter shall take effect October 1, 1997. ADD}

SECTION 17. Title 15 of the General Laws entitled "DOMESTIC RELATIONS" is hereby amended by adding thereto the following chapter:

{ADD 15-25-1. State information agency -- Reports to consumer reporting agency. -- ADD} {ADD (a) The department of administration, division of taxation, child support enforcement agency, designated as the state agency for purposes of providing consumer reporting agencies with information regarding the amount of overdue support owed by an obligor, is authorized to promulgate rules, regulations, and guidelines for the release of that information in accordance with this section. For purposes of this section, "overdue support" means a delinquency pursuant to an obligation determined under a court order, or an order of an administrative process established under the law of any state, for: (1) support and maintenance of a minor child, which is owed to or on behalf of the child, or (2) support and maintenance of the obligor's spouse or former spouse with whom the child is living. ADD}

{ADD (b) For purposes of this section, "consumer reporting agency" means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. ADD}

{ADD (c) The department of administration shall provide to consumer reporting agencies, information regarding the amount, if any , of overdue support owed by an obligor. The department shall not be required to provide information regarding overdue support in an individual case if the department determines that release of information is inappropriate. ADD}

{ADD (d) The department may charge consumer reporting agencies and credit bureaus a fee not to exceed the actual cost of providing the information. ADD}

{ADD (e) The department shall provide written notice to the absent parent ten (10) days prior to the proposed release of information to consumer reporting agencies. The notice shall state that the absent parent may contest the accuracy of information prior to release and shall state the procedures to contest the accuracy of the information. ADD}

{ADD (f) The department shall periodically inform the consumer reporting agencies if the overdue support has been paid in full or of the amended amount of overdue support. ADD}

SECTION 18. Title 15 of the General Laws entitled "DOMESTIC RELATIONS" is hereby amended by adding thereto the following chapter:

{ADD 15-26-1. Purpose. -- ADD} {ADD The purpose of this chapter is to establish and operate a centralized state collection and disbursement unit within the department of administration, division of taxation, child support enforcement for the timely, automated collection and disbursement of support orders being enforced under section 454(4) and in all cases not being enforced by the state in which the support order is initially issued in the state on or after January 1, 1998 and in which the income of the noncustodial parent are subject to income withholding. ADD}

{ADD 15-26-2. Operation. -- ADD} {ADD The centralized state collection and disbursement unit shall be operated directly by the department of administration, division of taxation or its designee and in coordination with the automated system. ADD}

{ADD The centralized state collection and disbursement unit shall use the automated procedures, electronic processes, and computer driven technology to the maximum extent feasible, efficient and economical, for the collection and disbursement of support payments including procedures for receipt from parents, employers, and other states, and for disbursement to custodial parents and other obligees, the state agency, and the agencies of other states; for accurate identification of payments; to ensure prompt disbursement of the custodial parent's share of any payment and to furnish to any parent, upon request, timely information on the current status of support payments. ADD}

{ADD 15-26-3. Timing of disbursement. -- ADD} {ADD The department of administration, division of taxation, child support enforcement or its designee shall distribute all amounts payable within two (2) business days after receipt from the employer or other source of periodic income if sufficient information identifying the payee is provided. Business day is defined as a day on which state offices are open for regular business. ADD}

{ADD The department of administration, division of taxation, child support enforcement or its designee may delay the distribution of collections toward disputed arrearages until the resolution of such disputed arrearages in a timely hearing before the Rhode Island family court ADD}

{ADD 15-26-4. Change in payee. -- ADD} {ADD In cases in which support is assigned to the state pursuant to section 40-6-9 and where there is an existing child support order made payable to the obligee through the state collection and disbursement unit, after notice to the obligor and obligee, the state collection and disbursement unit and/or any other state or federal agency taking action to establish or enforce a child support or medical order shall direct the obligor or other payer through a wage withholding order to change the payee to the appropriate instate or interstate government entity without the necessity of a court order or a hearing relative thereto. ADD}

SECTION 19. Section 31-2-23 of the General Laws in Chapter 31-2 entitled "REGISTRY OF MOTOR VEHICLES" is hereby amended to read as follows:

31-2-23. Denial of license or registrations for nonpayment of delinquent child support. -- (a) The department of {DEL human services DEL} {ADD administration, division of taxation, child support enforcement ADD} shall periodically within each year furnish the division of motor vehicles, department of transportation with a list or compilation of names of individuals, together with such other identifying information and in such form as the assistant director for motor vehicles shall require, who as of the date of the list or compilation, have an unpaid child support order arrearage in excess of five hundred dollars ($500) as shown on the Rhode Island family court/department of {DEL human services DEL} {ADD administration, division of taxation, ADD} child support enforcement computer system ("CSE system"). For purposes of this section, the terms used herein shall be given the meaning and definitions specified in section 15-16-2. Thereafter, the department of human services shall, at times and in the manner prescribed by the assistant director for motor vehicles, furnish to the division of motor vehicles information relating to the subsequent payment of said child support order arrearage by or on behalf of the individuals, and the division shall remove the name of such individual(s) from such list.

(b) No individual whose name appears on such list or compilation referred to in subsection (a) above, and whose name has not been subsequently removed from such list as aforesaid, shall be permitted to (1) register or renew a registration of any motor vehicle and/or (2) obtain an original license or renewal of a license to operate a motor vehicle, until all such child support order arrearages have been paid in full or a satisfactory arrangement for payment has been made with the family court, and such payment has been certified to the division of motor vehicles by the department of {DEL human services DEL} {ADD administration, division of taxation, child support enforcement. ADD}

(c) The identifying information furnished by the department of {DEL human services DEL} {ADD administration, division of taxation, child support enforcement ADD} to the division of motor vehicles shall {DEL not DEL} include individuals' social security numbers.

[See section 12-1-15 of the General Laws]

{ADD (d) A refusal by the division of motor vehicles to: register or renew a registration of any motor vehicle and/or issue an original license or renew a license to operate a motor vehicle is a final determination for purposes of chapter 42-35. ADD}

SECTION 20. Sections 27-57-1, 27-57-2, and 27-57-4 of the General Laws in Chapter 27-57 entitled "CHILD SUPPORT INTERCEPT ACT" are hereby amended to read as follows:

27-57-1. Interception of insurance payments. -- (a) Every domestic insurer or insurance company authorized to issue policies of liability insurance pursuant to this title, and also any workers' compensation insurer, shall, within thirty (30) days prior to the making of any payment equal to or in excess of ten thousand dollars ($10,000) to any claimant who is a resident of this state, for personal injury or workers' compensation benefits under a contract of insurance, review information provided by the department of {DEL human services DEL} {ADD administration, division of taxation, child support enforcement ADD} pursuant to section 27-57-4 indicating whether the claimant owes past-due child support.

(b) If the insurer determines from the information provided by the department pursuant to section 27-57-4 that the claimant or payee does not owe past-due support, the insurer may make the payment to the claimant in accordance with the contract of insurance.

(c) If the insurer determines from the information provided by the department pursuant to section 27-57-4 that the claimant or payee owes past-due child support, the insurer shall except to the extent payments are subject to liens or interests described in section 27-57-3 withhold from payment the amount of past-due support and pay such amount to the family court which shall credit such person's child support obligation account for the amount so paid, and the insurer shall pay the balance to the claimant or other person entitled thereto, provided, however, that the insurer or insurance company shall provide written notice by first class mail to the claimant and his attorney if any and to the department of the payment to the family court who shall deposit in the registry of the family court for a period of forty five (45) days or if an application for review has been filed pursuant to subsection (d) until further order of the court, and the date and amount thereof. Any insurer or insurance company, its directors, agents and employees who withhold amounts from payment based upon the latest information supplied by the department pursuant to 27-57-4 and makes disbursements in accordance with section 27-57-3 and as otherwise shall be in compliance and shall be immune from any liability to the claimant, payee lienholder, or security interest holder for taking such action.

(d) Any claimant aggrieved by any action taken under this section may within thirty (30) days of the making of the notice to the claimant in subsection (c) above, seek judicial review in the family court, which may, in its discretion, issue a temporary order prohibiting the disbursement of funds under this section, pending final adjudication. [See section 12-1-15 of the general laws.]

27-57-2. Notice provided to obligors of interception of insurance settlements. -- In any case where the department of {DEL human services DEL} {ADD administration, division of taxation, ADD} child support enforcement unit has intercepted an insurance payment, the department shall notify the obligor parent of such action upon crediting the obligors account. [See section 12-1-15 of the general laws.]

{DEL 27-57-4. Information to be provided by the department of human services. -- DEL}{ADD 27-57-4. Information to be provided by the department of administration, division of taxation, child support enforcement. -- ADD} The department {DEL of human services DEL} shall periodically within each year furnish the insurance companies and insurers subject to this section with a list or compilation of names of individuals, with last known addresses who as of the date of the list or compilation, have an unpaid child support order arrearage in excess of five hundred dollars ($500) as shown on the Rhode Island family court/department of {DEL human services DEL} {ADD administration, division of taxation, child support enforcement, ADD} computer system ("CSE system"). For purposes of this section, the terms used herein shall be given the meaning and definitions specified in section 15-16-2. [See section 12-1-15 of the general laws.]

{ADD In order to facilitate the efficient and prompt reporting of said arrearages in one (1) centralized location, it shall be the duty and responsibility of the insurance companies doing business in the state of Rhode Island to utilize one (1) centralized database to which the department shall report and administer. ADD}

SECTION 21. Title 15 of the General Laws entitled "DOMESTIC RELATIONS" is hereby amended by adding thereto the following chapter:

{ADD 15-28-1. Purpose. -- ADD} {ADD The purpose of this chapter is to ensure that any and all administrative procedures available to the department of administration, division of taxation, child support enforcement under title 15, including but not limited to: the ability to order genetic testing as provided in chapter 8, the ability to administratively subpoena records and to have access to information as provided in chapter 22, the ability to change the payee to the appropriate government entity as provided in section 15-26-4, to order income withholding under title 15, to obtain administrative liens as provided in chapter 21, to intercept insurance payment pursuant to chapter 57, shall be available to any and all state or federal agencies conducting activities to establish paternity, establish or modify child support and/or medical orders, enforce child support and/or medical orders or to locate individuals for the above purposes. ADD}

{ADD 15-28-2. Penalty. -- ADD} {ADD Any entity or individual who, without reasonable cause, fails to reply to a request pursuant to this chapter or who, without reasonable cause, fails to comply with a request within twenty (20) days of receipt shall be liable for a civil penalty of one hundred dollars ($100) for each violation, to be assessed by the department or by the family court and the individual or entity shall be required to provide such information and/or comply with said request. ADD}

SECTION 22. Sections 8-10-3.1 and 8-10-10 of the General Laws in Chapter 8-10 entitled "FAMILY COURT" are hereby amended to read as follows:

8-10-3.1. Masters -- Appointment, duties and powers. -- (a) The court may appoint masters to assist the court in the conduct of its business. A person appointed to serve as a master shall be a member of the bar of Rhode Island. The powers and duties of such masters shall be prescribed in the order appointing them.

(b) In addition, the chief judge of the family court may appoint masters to assist the court in the enforcement and implementation of chapter {DEL 11 DEL} {ADD 23.1 ADD} of title 15, and to assist the family court in matters pertaining to hearings in accordance with section 8-10-4, chapter 1 of title 14, chapter 8 of title 15, chapter 11 of title 40, and chapter 5 of title 40.1. Said master will be empowered to hear all motions, pre-trial conferences, arraignments of juvenile offenders, probable cause hearings and review of all such matters including but not limited to the temporary placement, custody, disposition and adoption of children and the taking of testimony in conducting all hearings relative thereto.

(c) Such master shall serve at the pleasure of the chief judge and his or her powers and duties shall be prescribed in the order appointing him or her or in the rules of procedure of the family court. Such special master may be authorized:

(1) To regulate all proceedings before him or her;

(2) To do all acts and take all measures necessary or proper for the efficient performance of his or her duties;

(3) To require the production before him or her of books, papers, vouchers, documents and writings;

(4) To rule upon the admissibility of evidence;

(5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to examine them and to call parties to the proceeding and examine them upon oath;

(6) To adjudicate a person in contempt and to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a justice of the court, for failure to appear in response to a summons or for refusal to answer questions or produce evidence or for behavior disrupting a proceeding;

(7) To adjudicate a party in contempt and to order him or her imprisoned for not more than seventy-two hours (72), pending review by a justice of the court, for failure to comply with a pending order to provide support or to perform any other act; and

(8) To issue a capias and/or body attachment upon the failure of a party or witness to appear after having been properly served and, should the family court not be in session the person apprehended may be detained at the adult correctional institution, if an adult, or at the Rhode Island training school for youth, if a child, until the next session of said family court.

(d) A party aggrieved by an order entered by a master shall be entitled to a review of the order by a justice of the family court. Unless otherwise provided in the rules of procedure of the family court, such review shall be on the record and appellate in nature. The family court shall, by rules of procedure, establish procedures for review of orders entered by a master, and for enforcement of contempt adjudications of a master.

(e) Final orders of the family court entered in a proceeding to review an order of a master may be appealed to the supreme court.

(f) Such masters shall be empowered to hear de novo all applications for income withholding pursuant to chapter 16 of title 15 and appeals of administrative agency orders of the department of human services to withhold income under chapter 16 of title 15 entitled "Income Withholding".

(g) Such masters shall be empowered to hear all matters relating to the revocation or nonrenewal of a license of an obligor due to noncompliance with a court order of support, in accordance with chapter 11.1 of title 15 of the general laws.

(h) Such masters may be authorized by the chief judge to hear those matters on the domestic abuse prevention calendar and the nominal calendar. [See section 12-1-15 of the general laws.]

8-10-10. Family court registry. -- Within the family court, there shall be a registry, to be administered by the clerk of the court, which shall receive and disburse all payments made {DEL by direction of the court, voluntary payments, and those made pursuant to chapter 11 of title 15. DEL} {ADD payable to the registry by direction of the court or by voluntary payment. ADD}

SECTION 23. Section 8-10-3 of the General Laws in Chapter 8-10 entitled "FAMILY COURT" is hereby amended to read as follows:

8-10-3. Establishment of court -- Jurisdiction -- Seal -- Oaths -- Masters. --[Effective January 1, 1997] -- (a) There is hereby established a family court, consisting of a chief judge and eleven (11) associate justices, to hear and determine all petitions for divorce from the bond of marriage and from bed and board; all motions for allowance, alimony, support and custody of children, allowance of counsel and witness fees, and other matters arising out of petitions and motions relative to real and personal property in aid thereof, including, but not limited to, partitions, accountings, receiverships, sequestration of assets, resulting and constructive trust, impressions of trust, and such other equitable matters arising out of the family relationship, wherein jurisdiction is acquired by the court by the filing of petitions for divorce, bed and board and separate maintenance; all motions for allowance for support and educational costs of children attending high school at the time of their eighteenth birthday and up to ninety (90) days after high school graduation, but in no case beyond their nineteenth birthday; enforcement of any order or decree granting alimony and/or child support, and/or custody and/or visitation of any court of competent jurisdiction of another state; modification of any order or decree granting alimony and/or custody and/or visitation of any court of competent jurisdiction of another state on the ground that there has been a change of circumstances; modification of any order or decree granting child support of any court of competent jurisdiction of another state provided (a) the order has been registered in Rhode Island for the purposes of modification pursuant to section {DEL 15-23-45 DEL} {ADD 15-23.1-611 ADD} of the Uniform Interstate Family Support Act or (b) Rhode Island issued the order and has continuing exclusive jurisdiction over the parties; antenuptial agreements, property settlement agreements and all other contracts between persons, who at the time of execution of said contracts, were husband and wife or planned to enter into that relationship; complaints for support of parents and children; those matters relating to delinquent, wayward, dependent, neglected or mentally defective or mentally disordered children, or children who by reason of any handicap, physical, mental, or otherwise, suffer from a learning disability which requires special education or treatment and other related services; to hear and determine all petitions for guardianship of any child who has been placed in the care, custody and control of the department for children, youth and families pursuant to the provisions of chapter 1, title 14 and chapter 11, title 40; adoption of children under eighteen (18) years of age; change of names of children under the age of eighteen (18) years; paternity of children born out of wedlock and provision for the support and disposition of such children or their mothers; child marriages; those matters referred to the court in accordance with the provisions of section 14-1-28; those matters relating to adults who shall be involved with paternity of children born out of wedlock; responsibility for or contributing to the delinquency, waywardness or neglect of children under sixteen (16) years of age; desertion, abandonment or failure to provide subsistence for any children dependent upon such adults for support; neglect to send any child to school as required by law; bastardy proceedings, and custody to children in proceedings, whether or not supported by petitions for divorce or separate maintenance or for relief without commencement of divorce proceedings appeals of administrative decisions, concerning setoff of income tax refunds for past-due child support in accordance with section 44-30.1-5 and section 40-6-21. The holding of real estate as tenants by the entirety shall not in and of itself preclude the family court from partitioning real estate so held for a period of six (6) months after the entry of final decree of divorce.

(b) The family court shall be a court of record and shall have a seal which shall contain such words and devices as the court shall adopt.

(c) The judges and clerk of the family court shall have power to administer oaths and affirmations.

(d) The chief judge of the family court is hereby empowered to appoint experienced members of the Rhode Island bar as masters for the purpose of assisting the family court in matters pertaining to delinquent support payments and the taking of testimony in conducting all hearings relative to responsible persons who are not living up to their support obligations. The chief judge of the family court is also authorized to appoint said masters in related matters pertaining to the collection of delinquent support payments from these responsible persons.

(e) The family court shall have exclusive initial jurisdiction of all appeals from any administrative agency or board affecting or concerning children under the age of eighteen (18) years and appeals of administrative decisions concerning setoff of income tax refunds, lottery set-offs, insurance intercept and lien enforcement provisions for past-due child support, in accordance with sections 44-30.1-5 and 40-6-21, and appeals of administrative agency orders of the department of human services to withhold income under chapter 16 of title 15 entitled "Income Withholding".

(f) The family court shall have jurisdiction over those civil matters relating to the enforcement of laws regulating child care providers and child-placing agencies.

(g) The family court shall have exclusive jurisdiction of matters relating to the revocation or nonrenewal of a license of an obligor due to noncompliance with a court order of support, in accordance with chapter 11.1 of title 15 of the general laws. [See section 12-1-15 of the general laws.]

SECTION 24. Section 15-8-7 of the General Laws in Chapter 15-8 entitled "UNIFORM LAW ON PATERNITY" is hereby amended to read as follows:

15-8-7. Jurisdiction and remedies. -- (a) The Family Court has jurisdiction of an action commenced under sections 15-8-1 to 15-8-26, and all remedies for the enforcement of orders for the expense of pregnancy and confinement for the mother, and for education, necessary support and maintenance, or funeral expenses for legitimate children shall apply. The Court has continuing jurisdiction to modify or revoke an order and to increase or decrease amounts fixed by order for future education and necessary support and maintenance. All remedies under the Uniform Interstate Family Support Act, {DEL sections 15-23-1 to 15-23-53 DEL} {ADD 15-23.1-101 to 15-23.1-903 ADD} are available for enforcement of duties of support and maintenance under sections 15-8-1 to 15-8-26.

(b) A person who has had sexual intercourse in this state thereby submits to the jurisdiction of the courts of this state as to any action with respect to a child who may have been conceived by that act of intercourse. In addition, the court may exercise jurisdiction over a nonresident individual pursuant to section {DEL 15-23-4 DEL} {ADD 15-23.1-201 ADD}. Jurisdiction shall be acquired by service made in accordance with section 9-5-33.

SECTION 25. Section 15-16-5.1 of the General Laws in Chapter 15-16 entitled "INCOME WITHHOLDING" is hereby amended to read as follows:

15-16-5.1. Immediate income withholding -- Support orders issued or modified on or after January 1, 1994. -- (a) With respect to a support order issued, enforced, or modified on or after, January 1, 1994 the income of an obligor shall be subject to immediate income withholding under this chapter on the effective date of the order, regardless of whether support payments by the obligor are in arrears; provided that the income of the obligor shall not be subject to immediate income withholding: (1) if a judge or master of the family court finds that there is good cause not to require immediate income withholding or (2) if the obligor and obligee, and the department in the case of an obligee subject to an assignment of support rights under section 40-6-9 enter into a written agreement or order which provides for an alternative arrangement for the timely payment of support due under the support order.

(b) The obligor shall be given advance notice, by way of the pleadings or otherwise, that his or her income is subject to immediate income withholding as provided in subsection (a), that the maximum amount of income to be withheld may not exceed the limit permitted under section 303(b) of the Consumer Credit Protection Act 15 U.S.C. 1673(b), and that he or she may contest immediate income withholding, and assert any defenses, exceptions or exemptions, to which he or she may be entitled at a hearing before a judge or master of the family court.

(c) With the exception of those income withholding orders issued pursuant to section {DEL 15-23-33 DEL} {ADD 15-23.1-501 ADD}, an immediate income withholding order issued under this section shall be filed by the department or the obligee with the clerk of the family court or, as appropriate, with the reciprocal office of the family court and shall be subject to the provisions of sections 15-16-9 through 15-16-13.

SECTION 26. Section 16 shall take effect October 1, 1997. Section 17 shall take effect October 1, 1998 provided however that section 15-26-4 of section 17 shall take effect upon passage and the remainder of the act shall take effect upon passage.