Introduced By: Senator Blais
Date Introduced : February 10, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Section 15-5-16.2 of the General Laws in Chapter 15-5 entitled "Divorce and Separation" is 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 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.
(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 {DEL paternity or DEL}
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 {ADD , or in any case
in which an obligor owes past due support, ADD} for a child or
children receiving public assistance pursuant to chapter 5.1 of
title 40, 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, {ADD or is unable to pay the arrearages in accordance
with a payment plan, ADD} {DEL shall DEL} {ADD may ADD} 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.
{ADD The performance of community service shall not be a basis for
retroactive suspension of arrears due and owing. ADD}
(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 5.1 of title 40 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.
(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.
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.
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.
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.
[See section 12-1-15 of the General Laws.]
SECTION 2. Section 15-21-4 of the General Laws in Chapter 15-21 entitled "Child Support Lien Act" is hereby amended to read as follows:
15-21-4. Notice of lien. -- (a) To perfect a lien with respect to real property, the department shall file a notice of lien with the recorder of deeds for the city or town in which the property is located. The recorder of deeds shall index the notice of intent under the name of the obligor in the grantors index. {ADD The filing of a notice of intent of the lien or of a waiver or release of the lien shall be received and registered or recorded without payment of a fee. ADD}
(b) To perfect a child support lien with respect to personal property, the department shall file a notice of lien with the secretary of state's office, the registrar of motor vehicles, or any other office or agency within the state responsible for the filing or recording of liens. The filing of a notice of intent of the lien or of a waiver or release of the lien shall be received and registered or recorded without payment of a fee.
(c) If any obligor against whom a notice of intent to create a child support enforcement lien has been filed according to this section:
(1) fails to request a hearing within the time frame provided, or
(2) fails to appear, or
(3) neglects or refuses to pay the sum due after the expiration of thirty (30) days after a hearing is conducted by the department pursuant to section 15-21-3, at which the determination is made the obligor parent is in arrears.
The notice of intent as filed shall be deemed and operate as a lien which is perfected by the department by the filing of a notice of lien. The notice of lien shall specify the property to be attached and the amount of the arrearage due and shall be filed in the office or city or town where the notice of intent was originally filed.
(d) The lien shall have priority over all subsequent liens or other encumbrances, subject to the provisions of section 6A-9-312 and with the exception of any lien for taxes. A child support lien that has been perfected shall encumber after acquired personal property or proceeds.
(e) If the collection of any unpaid child support will be jeopardized by delay or exigent circumstances, as defined by rules promulgated by the director, the department may apply to the family court for an order to restrain the obligor parent from encumbering, moving, selling, or in any way transferring any real or personal property which may be subject to the provisions of this section.
(f) The lien shall expire upon either termination of a current child support obligation and payment in full of unpaid child support or release of the lien by the department. In any event, a lien under this chapter shall not expire until satisfied and discharged. Expiration of the lien shall not terminate the underlying order or judgment of child support. The department may issue a full or partial waiver or partial release or full discharge of any lien imposed under this section and shall file the waiver, release, or discharge without fee in the city or town or office where the original lien was filed within ten (10) days of the obligor's compliance with this section. The waiver or release or partial release or full discharge shall be conclusive evidence that the lien upon the property covered by the waiver or release is extinguished.
[See section 12-1-15 of the General laws.]
SECTION 3. Section 15-24-7 of the General Laws in Chapter 15-24 entitled "Reporting Of New Hires" is hereby amended to read as follows:
15-24-7. Failure to comply. -- Any employer who
fails to report as required under this section{DEL, shall DEL}
{ADD may ADD} 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.
SECTION 4. Chapter 15-25 of the General Laws entitled "Credit Reporting" is hereby amended by adding thereto the following section:
{ADD 15-25-2. Furnishing consumer reports to child support agency. -- ADD} {ADD The department of administration, division of taxation, child support enforcement agency is authorized to request consumer reports provided the agency certifies to the credit reporting agency in writing the following: ADD}
{ADD (a) the consumer credit report is needed for the purpose of establishing an individual's capacity to pay child support or determining the appropriate level of such payments; ADD}
{ADD (b) the paternity of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with state laws which the obligation arises; ADD}
{ADD (c) the consumer has been given at least ten (10) days prior notice, by certified mail, to the last known address, that the report will be requested and made available to the consumer and; ADD}
{ADD (d) the consumer credit report will be kept confidential, will be used solely for the purpose described in subsection (a) of this section and will not be used in connection with any other civil, administrative or criminal proceeding. ADD}
SECTION 5. Sections 27-57-1 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 {ADD , ADD} {DEL who
is a resident of this state, DEL} for personal injury or workers'
compensation benefits under a contract of insurance, review information
provided by the department of administration, division of taxation,
child support enforcement 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 the 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 section 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.]
27-57-4. Information to be provided by the department of
administration, division of taxation, child support enforcement.
-- The department 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,
{DEL have an unpaid child support order arrearage DEL}
{ADD owe past due support ADD} in excess of five hundred dollars
($500) as shown on the Rhode Island family court/department of
administration, division of taxation, child support enforcement,
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.
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.
[See section 12-1-15 of the General Laws.]
SECTION 6. This act shall take effect upon passage.