218-RICR-30-00-1
218-RICR-30-00-1. Child Support Program Rules and Regulations (version Amendment, 12/10/2002 to 03/30/2004)
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT PROGRAM OVERVIEW SECTION 0700
CHILD SUPPORT PROGRAM PURPOSE 0700.05
REV:07/1994
Authority for states to administer a Child Support Enforcement
Program is vested in part D of title IV of the Social Security Act.
Because of its enactment under this part, the program is commonly
referred to as the IV-D program. Section 451 of the Social
Security Act identifies the purpose of the IV-D program as follows:
For the purpose of enforcing the support obligations owed by
absent parents to their children and the spouse (or former
spouse) with whom such children are living, locating absent
parents, establishing paternity, obtaining child and spousal
support, and assuring that assistance in obtaining support
will be available under this part to all children (whether or
not eligible for aid under part A) for whom such assistance is
requested...
Thus, the goal of the IV-D program is to insure that parents assume
their rightful obligation to support their children.
FEDERAL LEGISLATION 0700.10
REV:07/1994
In 1975, having concluded that preliminary Federal child support
efforts did not go far enough in reducing welfare caseloads and
attending costs, Congress added Part D to Title IV of the Social
Security Act, thereby creating the Child Support Enforcement
Program. The passage of this landmark legislation (P.L. 93-647)
significantly increased Federal intervention in state child support
activities by:
o Requiring that all states establish a separate
organizational unit to operate a IV-D program;
o Directing states to operate their programs in accordance
with a state plan covering both welfare recipients and
those others who apply directly for child support
services;
o Creating a Federal Parent Locator Service, with access to
Federal agency files;
o Establishing procedures for distribution of child support
collections received on behalf of AFDC recipients;
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RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0700 CHILD SUPPORT PROGRAM OVERVIEW
o Providing for incentive payments to states for
collections made on AFDC cases;
o Sharing heavily in the administrative costs of states'
programs through a Federal matching rate of 75 percent;
o Permitting garnishment of Federal employee's wages for
purposes of collecting of child support; and
o Adding specific requirements to AFDC eligibility
mandating: (1) every applicant to assign rights to
support to the state; (2) the custodial parent's
cooperation in establishing paternity and securing
support; and (3) the absent parent's social security
number be furnished to the state.
0700.10.05 Omnibus Reconciliation Act of 1981
REV:07/1994
Since its inception, the scope and authority of the Child Support
Enforcement, or IV-D, Program has been expanded and strengthened by
Congress numerous times. Most noteworthy are amendments enacted in
1981, 1984, and again in 1988. Key provisions are summarized
below.
The Omnibus Reconciliation Act of 1981 (P.L. 97-35), among other
things, created the Federal income tax offset program for
collection of delinquent AFDC child support obligations, permitted
states to collect ordered spousal support for AFDC families, barred
child support obligation due the state from being discharged in
bankruptcy proceedings, and mandated that states withhold a portion
of any unemployment benefits from absent parents delinquent in
their support payments.
0700.10.10 Child Support Enforcement Amendments 1984
REV:07/1994
The landmark Child Support Enforcement Amendments of 1984 (P.L. 98-
378) contained the most sweeping reform of the program since 1975.
Of note:
o The law established mandatory enforcement remedies
including: income withholding, state income tax
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RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT PROGRAM OVERVIEW SECTION 0700
interceptions, and use of liens against both real and
personal property;
o The provisions of the law encouraged the reporting of
information relating to support delinquencies to consumer
credit agencies;
o The use of administrative or quasi-judicial officers was
required for establishing and enforcing support orders
through expedited process;
o State law must permit the bringing of a paternity action
any time prior to a child's eighteenth birthday;
o The program's funding structure was dramatically altered
to reduce Federal matching dollars and, for the first
time, to pay incentives for non-AFDC collections.
Incentive payments were also modified in accordance with
a sliding scale to encourage high performance, cost-
effective program administration;
o The law mandated improved interstate enforcement
activities, where both states involved in an interstate
situation were allowed to take credit for the collection;
o The development of state guidelines was mandated for the
consideration of courts and administrative agencies in
deriving and setting support awards;
o Decisive steps were taken to insure equal service
provision to welfare and non-AFDC families, alike;
o Collection services were also expanded to include ordered
spousal support in families where child support was
already being enforced, and to children receiving foster
care maintenance payments under Title IV-E of the Social
Security Act. Moreover, states were required to seek
medical support as part of the support order; and
o States were also required to actively publicize their IV-
D program services.
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RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0700 CHILD SUPPORT PROGRAM OVERVIEW
0700.10.15 Family Support Act of 1988
REV:07/1994
With a major emphasis on self-sufficiency, the Family Support Act
of 1988 (P.L. 100-485) once again considerably strengthened many
provisions of existing law. Highlights include:
o Wage withholding became mandatory for all new and
modified IV-D orders, with few exceptions, irrespective
of arrearages. Moreover, immediate wage withholding
provisions also apply to all support cases in a state,
beginning January 1994;
o The advisory nature of guidelines was replaced by a
requirement that they be uniformly applied as a
rebuttable presumption in setting awards. Also,
guidelines must now be reviewed at least once every four
years to insure their appropriateness;
o Effective October 1990, existing IV-D orders must be
reviewed in accordance with the state's guidelines
every three years;
o Major requirements were placed on the states to
improve paternity case processing. For the first time,
performance standards were defined for paternity
establishments. Genetic testing also became a
requirement for all parties in a contested paternity
action. Finally, states were encouraged to implement a
simple civil process for establishing paternity when
acknowledged by a father, and a civil procedure for
contested matters; and
o In order to make the IV-D program more responsive to
individuals and other states and jurisdictions,
Congress required the Secretary of HHS to implement
standards for prompt state response in establishing or
enforcing support; including location, paternity
activities, and distribution of collections.
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RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT PROGRAM OVERVIEW SECTION 0700
PROGRAM ADMINISTRATION 0700.15
REV:07/1994
The Child Support Enforcement program is administered by the
Federal government and the State of Rhode Island.
Federal Oversight 0700.15.05
REV:07/1994
Federal stewardship of the IV-D program is vested in the Office of
Child Support Enforcement (OCSE), an agency of the Family Support
Administration (FSA) which serves as one of six major operating
components within the U.S. Department of Health and Human Services
(HHS). In supervising the administration of the program by the
states, the OCSE has the following responsibilities:
o Development and issuance of program regulations and
policy;
o Operation and maintenance of the Federal Parent Locator
Service (FPLS), an automated system with linkages to most
Federal databases including: the Internal Revenue
Service, Social Security Administration, Selective
Service System, Department of Defense, Veterans
Administration, National Personnel Records Center, and
the Labor Department's INTERNET system. The FPLS is used
to assist states in locating absent parents;
o Issuance of publications, information and other materials
(including an annual report to Congress) concerning
matters of importance to the child support community, as
well as to the public at-large;
o Authorization of research and demonstration projects to
test new approaches and otherwise improve the efficiency
and/or effectiveness of child support enforcement program
operations;
o Provision of training to state and local IV-D personnel;
o Oversight, technical assistance and program evaluation of
state and local programs;
o Certification authority for state requests to use the IRS
collection of overdue support mechanism, and the Federal
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RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0700 CHILD SUPPORT PROGRAM OVERVIEW
courts in interstate matters; and
o Approval of state claims for Federal Financial
Participation and automated systems development.
0700.15.10 State Administration
REV:02/1997
In Rhode Island, the child support enforcement program is managed
by the Division of Taxation - Child Support Enforcement. The
revenue collection functions of the Department of Human Services
(DHS) were transferred to the Department of Administration,
Division of Taxation pursuant to Article 12, Chapter 100 of the
1996 R.I. Public Laws. Any reference to the Department of Human
Services, the Rhode Island Child Support Services (RICSS) agency,
and Bureau of Family Support in reference to child support
services in this and other DHS manuals shall be construed to
refer to the Department of Administration, Division of Taxation -
Child Support Enforcement except as may be required by context.
The following child support enforcement services are provided:
o Intake for both public assistance and non-public
assistance cases;
o Location of the absent parent;
o Establishment of paternity;
o Establishment of an order for support;
o Enforcement of the order;
o Review and modification of the order; and
o Collection and disbursement.
0700.20 CONFIDENTIALITY
REV:07/1994
The RICSS Agent will have access to information regarding both the
custodial parents and absent parents. This information must be
held and used according to the policy outlined in this Section.
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RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT PROGRAM OVERVIEW SECTION 0700
Confidentiality Regarding Custodial Parents 0700.20.05
REV:07/1995
As provided for in the Social Security Act and under State statute,
the use or disclosure of information concerning applicants or
recipients of support enforcement services is limited to purposes
directly connected with:
o The administration of the plans or programs approved
under parts A, B, D, E or F of Title IV or under Titles
I, X, XIV, XVI, XIX, or XX of the Social Security Act;
o Any investigation, prosecution or criminal or civil
proceeding conducted in connection with the
administration of the child support plan or program; and
o The administration of any other Federal or federally
assisted program that provides assistance, in cash or in-
kind, or services, directly to individuals on the basis
of need.
o Reporting to the Department of Children, Youth and
Families (DCYF) and/or an agency or official specifically
authorized by law to receive such information, known or
suspected instances of physical or mental injury, sexual
abuse or exploitation, or negligent treatment or
maltreatment of a child who is the subject of a child
support enforcement activity under circumstances that
indicate that the child's health or welfare is threatened
thereby.
These safeguards also prohibit disclosure to any committee or
legislative body (Federal, State, or local) of any information that
identifies by name or address any such applicant or recipient.
Confidentiality of Federal Parent Locator 0700.20.10
REV:07/1994
Any information obtained through the Federal Parent Locator Service
shall be treated as confidential and shall be safeguarded as
outlined in Section 0700.20.05.
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RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0700 CHILD SUPPORT PROGRAM OVERVIEW
0700.20.15 Confidentiality of Paternity Establishment
REV:07/1994
In proceedings to establish paternity, RICSS must exercise
discretion. All matters relating to paternity establishment should
proceed in the strictest of confidence after a prudent assessment
of all case information available.
The RICSS Agent may discuss a paternity case only with the
custodial parent or the putative father. If a call is received
from a third party (someone other than the mother or putative
father) the Agent is limited to discussing only the general policy
and procedures regarding paternity establishment.
0700.20.20 Confidentiality Regarding Absent Parents
REV:07/1994
Through the many databases accessed by both the State Parent
Locator Service (SPLS) and the Federal Parent Locator Service
(FPLS), RICSS employees have available a considerable amount of
personal information on absent parents. This information must only
be accessed for those absent parents whose child(ren)/families are
participating in the IV-D program by virtue of either an assignment
or application. In no instance, may information gained by RICSS
agency be disclosed for purposes other than the administration of
the IV-D program, e.g., for location, establishing paternity and
support, or enforcement of an existing order.
The Social Security Act is explicit in restricting the disclosure
of information to only authorized individuals defined as:
o Any agent or attorney of any state having an approved
IV-D plan, who has the duty or authority under the plan
to seek to recover any amounts owed as child and spousal
support;
o The court, or an agent of the court, which has authority
to issue an order against an absent parent for the
support and maintenance of a child; and
o The resident parent, legal guardian, attorney, or agent
of a non-AFDC child without regard to the existence of a
court order against an absent parent who has a duty to
support and maintain any such child.
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RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
TYPES OF CHILD SUPPORT CASES SECTION 0702
FIP CHILD SUPPORT CASES 0702.05
REV:07/1999
Title IV, Part A of the Social Security Act provides funding to
states to pay cash assistance benefits to needy families with
children. This program, known as Temporary Assistance to Needy
Families, is commonly referred to as TANF. Rhode Island's TANF
program is called the Family Independence Program, or FIP. For
every child for whom FIP (Title IV-A) benefits are paid because
of a parent's absence from the home, the State must establish a
child support case and pursue collection of support, unless a
claim of good cause for non-cooperation is substantiated (see
Section 0704.25). These cases include those in which the parents
were never married, or were married but are now separated or
divorced, and cases where the child(ren) is/are living with a
non-parent caretaker relative who is receiving FIP in the child's
behalf.
Both Federal and Rhode Island laws require the custodial FIP
parent to assign to the State any rights to support from any
other person in behalf of the custodial parent or in behalf of
any other member of the FIP family unit. In Rhode Island, this
assignment of support operates by virtue of State law, and also
by virtue of a signed FIP application which includes assignment
of rights provisions, whenever FIP public assistance benefits are
furnished. See Section 0704.15 of this Manual for additional
references to the assignment of rights.
As a condition of eligibility for assistance under Federal Title
IV-A of the Act, a member of the family must assign to the State
any rights a family member may have (on behalf of the family
member or of any other person for whom the family member has
applied for or is receiving such assistance) to support from any
other person, not exceeding the total amount of assistance paid
to the family which accrue (or have accrued) before the family
leaves the program.
This Federal law further provides that:
1. For an assignment effective prior to October 1, 1998, the
applicant assigns to the State all rights to support which
have previously accrued and which will accrue prior to the
family leaving FIP assistance.
2. For an assignment effective on or after October 1, 1998, the
applicant assigns to the State all rights to support which
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RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0702
will accrue while the family is receiving assistance, and
the applicant temporarily assigns to the State all rights to
support which accrued prior to the family receiving
assistance, until the family leaves assistance, up to the
amount of unreimbursed assistance.
3. The cumulative amount of assigned arrearages in former
assistance cases may not exceed the cumulative amount of
unreimbursed assistance paid to the family under all
assignments.
4. A State may not require, as a condition of providing
assistance to any family, that a member of the family assign
to the State any rights to support which will accrue after
the date the family leaves the FIP Program.
The distribution of child support collected by the State is
further clarified In Section 0728.35.
0702.10 NA CHILD SUPPORT CASES
REV:01/2002
The Division of Taxation - Child Support Enforcement provides child
support enforcement services to individuals who are not receiving
FIP, Medical Assistance (MA), or IV-E Foster Care. These services
may be continued upon the termination of a FIP case or provided
upon the request of a custodial parent.
0702.10.05 NA Cases Without Prior AFDC/FIP
REV:01/2002
Title IV, Part D of the Social Security Act provides funding to
states to operate a child support enforcement program. Section
454 of the Act provides that the State must provide that the
support collection or paternity determination services
established under the plan shall be made available to any
individual not receiving FIP who files an application for the
services with the IV-D agency. These cases are frequently
referred to as Non-public assistance or NA and represent families
from the general public who choose to access the IV-D agency for
services in lieu of retaining private counsel. In Rhode Island,
these NA families are charged a twenty-dollar ($20.00)
application fee. Other states may charge an application fee, as
well, but in no case may the fee exceed twenty-five dollars
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RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
TYPES OF CHILD SUPPORT CASES SECTION 0702
($25).
Federal and State law does not require the custodial non-FIP
parent to assign to the State any rights to support from any
other person on behalf of the custodial parent.
NA Cases With Prior AFDC/FIP 0702.10.10
REV:01/2002
When an FIP or Medical Assistance Only (MAO) case is closed,
child support enforcement services are continued unless the
custodial parent requests, in writing, that they be terminated.
These cases differ from NA cases without prior AFDC/FIP in two
(2) ways:
o Services are provided automatically without an
application fee; and
o Arrears accrued subsequent to the time a FIP case is
closed and owed to the custodial parent cannot be
collected until after arrears owed to the State under
the assignment have been collected unless otherwise
ordered by the court.
When a family ceases receiving assistance under the state's IV-A
plan, the assignment of support rights terminates except with
respect to the amount of any unpaid support obligation that has
accrued under such assignment.
Priority first shall be given to collection of current support
and shall be paid to the family. Second, any arrearage due the
state for the period of time the family was receiving assistance
shall be paid, and third, any arrearages accruing subsequent to
the time a FIP case is closed shall be paid.
FOSTER CARE CHILD SUPPORT CASES 0702.15
REV:01/2002
Title IV, Part E of the Social Security Act provides funding to
states to operate foster care and transitional independent living
programs for children who would otherwise qualify for FIP
benefits. In addition, when children are removed from their home
and placed in foster care the Act requires that all steps be
taken to secure an assignment to the state of any rights to
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RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0702 TYPES OF CHILD SUPPORT CASES
support on behalf of each child receiving foster care maintenance
payments under IV-E. As with FIP, the assignment of rights to
support in a IV-E foster care case is automatic by operation of
state law in Rhode Island. The IV-E foster care program in Rhode
Island is administered by the Department of Children, Youth and
Families (DCYF). The Division of Taxation - Child Support
Enforcement is responsible, therefore, for the establishment and
enforcement of support orders from either or both parents of IV-E
foster care children.
0702.20 MEDICAL ASSISTANCE CHILD SUPPORT CASES
REV:01/2002
Title XIX of the Social Security Act provides funding to states
to operate medical assistance programs for indigent families with
children and other specified individuals. This program is
commonly referred to as Medical Assistance. In addition, the Act
requires that all steps be taken to secure an assignment to the
state of any rights to medical support on behalf of each child
receiving Medical Assistance services and payments under Title
XIX. As with FIP and IV-E foster care, the assignment of rights
to support in a Medical Assistance case is automatic by operation
of state law in Rhode Island. Division of Taxation - Child
Support Enforcement is responsible, therefore, for the
establishment and enforcement of orders for medical coverage from
absent parents of Medical Assistance children.
In FIP cases, children are automatically eligible for Medical
Assistance. In non-public assistance (NA) cases, children may be
eligible based on the income level of the family. However, if
medical coverage is available to the dependent child(ren) through
the absent parent, then the medical provider is expected to pay
for necessary services first or reimburse the Medical Assistance
agency for services rendered. Thus, the Division of Taxation -
Child Support Enforcement must:
o Determine whether the absent parent has a health
insurance policy or plan that covers the child(ren) on
the assignment;
o Obtain sufficient information about the health
insurance policy or plan to permit the filing of a
claim with the insurer;
o File a claim with the insurer or transmit the necessary
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RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
TYPES OF CHILD SUPPORT CASES SECTION 0702
information to either the Medical Assistance agency or
the appropriate State agency or fiscal agent for the
filing of the claim or require the absent parent to
file a claim;
o Advise the FIP recipient whenever possible to utilize
the absent parent's medical coverage;
o Secure health insurance coverage through court; and
o Take direct action against the absent parent to recover
amounts necessary to reimburse medical assistance
payments when the absent parent does not have health
insurance.
INTERSTATE CHILD SUPPORT CASES 0702.25
REV:07/1994
The cases described in this section may also occur in interstate
case situations. In general, an interstate case is one in which one
of the parties resides in Rhode Island and the other resides out of
State; or another State has a legal interest in the establishment
and enforcement of support. Additionally, there are two categories
of interstate cases:
o Responding -- where the absent parent resides, is
employed or has resources in Rhode Island and the
child(ren) live out of state; or
o Initiating -- where the child(ren) reside in Rhode
Island and the absent parent resides, is employed or has
resources in another state.
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RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CSE/FIP CASE PROCESSING SECTION 0704
FIP AGENCY RESPONSIBILITIES 0704.05
REV:01/2002
Child support enforcement is a cooperative effort between the FIP
agency and the Division of Taxation - Child Support Enforcement.
The FIP agency provides the Division of Taxation - Child Support
Enforcement with the initial referral and updates information
regarding the custodial parent, loco parentis, child(ren), and
absent parent. The FIP agency also will act upon information
from the Division of Taxation - Child Support Enforcement which
affects the custodial parent's FIP eligibility. Upon receiving
the initial referral, the Division of Taxation - Child Support
Enforcement will conduct investigations and pursue child support
collections for reimbursement of public assistance. The Division
of Taxation - Child Support Enforcement will send updates to the
FIP agency regarding the custodial parent, child(ren) and absent
parent as applicable.
The FIP Eligibility Technician is responsible for:
o Interviewing applicants for public assistance;
o Determining initial and continued eligibility for
assistance;
o Explaining the assignment of support rights;
o Assisting the applicant in completing the DHS-2
accurately. This will provide the Division of Taxation
- Child Support Enforcement with information regarding
the absent parent;
o Explaining to applicants that they will be required to
cooperate with Division of Taxation - Child Support
Enforcement in the child support effort if the
application for assistance is approved;
o Explaining good cause for non-cooperation to applicants
and, when a claim for good cause is made, making the
final determination as to whether good cause for
non-cooperation exists;
o Notifying the Division of Taxation - Child Support
Enforcement of any changes or new information which may
affect the child support enforcement case; and
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RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0704
o Enforcing eligibility requirements, upon receiving
notices from Division of Taxation - Child Support
Enforcement of a recipient's failure to cooperate.
0704.10 CSE AGENCY RESPONSIBILITIES
REV:01/2002
Within five (5) working days of receiving a referral from the FIP
agency, the FIP recipient is provided with an explanation
regarding:
o Child support services;
o His/her rights and responsibilities; and
o The State's fees, cost recovery, and distribution
policies.
Within twenty (20) calendar days of receiving a referral from the
FIP agency, the Division of Taxation - Child Support Enforcement
establishes a child support case by a system interface with the
FIP agency. Within that time the Division of Taxation - Child
Support Enforcement will, based on an assessment of the case to
determine necessary action, solicit necessary and relevant
information from the custodial parent and other relevant sources
and initiate verification of information, when appropriate.
Also, when there is inadequate location information with which to
proceed, request additional information or pursue further
location attempts where appropriate.
The Division of Taxation - Child Support Enforcement will:
o Locate absent parents;
o Establish paternity;
o Establish orders for support and medical support;
o Enforce orders; and
o Continue IV-D services when a family ceases to receive
assistance.
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RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
RICSS/AFDC CASE PROCESSING SECTION 0704
ASSIGNMENT OF SUPPORT RIGHTS 0704.15
REV:12/2002
An applicant for or recipient of cash assistance for and on
behalf of herself or himself and for and on behalf of a
child(ren) or children, shall be deemed, without the necessity of
signing any document other than the DHS-2 Statement of Need, to
have made an assignment to the Department of Human Services
pursuant to Rhode Island General Laws, Section 40-6-9 against any
parent failing to or obligated to provide for the support and
maintenance of any minor child(ren) for the period of time that
assistance is being paid by the Department.
Additionally, the Department of Administration, Division of
Taxation - Child Support Enforcement is authorized to perform the
act of instituting suit to establish paternity and/or to collect
support for said child(ren) who receives or received assistance
from DHS.
MONEY COVERED BY THE ASSIGNMENT 0704.20
REV:01/2002
Any money or payment received by an FIP custodial parent for the
support of a child receiving assistance is covered by the
assignment. This includes: collections of past-due support
ordered by a court to be paid by an absent parent on behalf of
children covered by the assignment, any maintenance (alimony,
spousal support) ordered to be paid to an FIP recipient when
ordered in conjunction with child support for children covered by
the assignment, unreimbursed assistance (the total amount of
public assistance paid to a family less any support paid and
retained by the State), any voluntary cash contributions made to
an FIP recipient for his/her support or the support of the
children covered by the assignment and paid by the absent parent
of the children, or by anyone on behalf of the absent parent.
Assigned monies also include any benefits, such as Social
Security, Veterans' Benefits, and allotments or pensions, payable
to the absent parent but specifically ordered by the court to be
directed to the children on the assignment or to the FIP
recipient on behalf of such children. Veteran's Benefits,
military allotments, or pensions payable to an absent parent
which (s)he agrees to redirect to the State to satisfy a support
obligation for children covered by the assignment are also
considered assigned monies. Often these benefits are forwarded
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RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0704 CSE/FIP CASE PROCESSING
directly to the custodial parent who must forward them to the
Division of Taxation - Child Support Enforcement.
0704.20.05 Unassigned Money
REV:01/2002
Not all income available to an FIP household will be covered by
the assignment (i.e. unassigned). Such money may or may not be
budgeted when determining the FIP grant. This includes the
following: court-ordered or voluntary contributions for children
not included on the assignment (e.g. children receiving
Supplemental Security Income (SSI)), or child support paid in the
form of goods or services, if ordered in the dissolution).
Unassigned money also includes maintenance for an FIP recipient
when the court order is silent on child support or specifically
states that there will be no child support for a cash or Medical
Assistance eligible child.
Social Security Survivor's Benefits, Veterans' Benefits, and
military allotments for children on the assignment when there is
no existing court order are not to be assigned. These benefits
will be budgeted when determining FIP eligibility and the
Division of Taxation - Child Support Enforcement will attempt to
establish an order for the amount of the benefit as current
support.
If a marriage is viable (i.e., expected to be ongoing) and the
absent parent is out of the home in a medical institution
obtaining treatment or in training through Vocational
Rehabilitation or Job Corps, any benefits paid to his/her
child(ren) in the FIP payee's home are not considered child
support. These benefits cannot be assigned unless an existing
court order specifies they are to be paid as child support.
Gifts and/or cash contributions made directly to a child are not
considered child support and cannot be considered as current
support or payment towards an arrearage.
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RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CSE/FIP CASE PROCESSING SECTION 0704
CUSTODIAL PARENT RESPONSIBILITIES 0704.25
REV:01/2002
As a condition of eligibility for FIP, a recipient is required to
assist/cooperate (unless good cause for refusing to cooperate is
determined) with the Division of Taxation - Child Support
Enforcement in:
o Identifying and locating the absent parent;
o Establishing paternity for children born out of
wedlock;
o Establishing orders for support and medical support;
o Enforcing court orders and obtaining any other payments
or property due the applicant, recipient or child; and
o Identifying and providing information to assist the
State in pursuing any third party, who may be liable to
pay for care and services available under the State's
plan for Medical Assistance, or assent to the lack of
information under penalty of perjury.
Cooperation includes actions that are relevant to or necessary
for the achievement of the objectives specified above. They
include:
o Appearing at an office of the Division of Taxation -
Child Support Enforcement as necessary;
o Appearing as a witness at judicial or other hearings;
o Providing information, or attesting to the lack of
information under penalty of perjury;
o Paying, to the Division of Taxation - Child Support
Enforcement, any support payment received directly from
an absent parent after an assignment has been made
(direct payments); and
o Submitting to blood tests.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0704 CSE/FIP CASE PROCESSING
0704.25.05 Non-Cooperation
REV:01/2002
The Division of Taxation - Child Support Enforcement agent will
send a Client's Non-Cooperation letter from FORMS to notify the
FIP Eligibility Technician (ET) when a custodial parent is not
cooperating. The ET will determine whether non-cooperation is
without good cause, and if so, the FIP agency will act by denying
assistance to the caretaker relative without regard to other
eligibility factors. In these cases, assistance may be provided
to the eligible child(ren) without regards to the needs of the
caretaker relative. The Division of Taxation - Child Support
Enforcement agent will continue with the child support
enforcement effort to the fullest extent possible without the
cooperation of the custodial parent.
0704.25.10 Good Cause
REV:01/2002
An applicant or recipient of FIP may claim good cause for
refusing to cooperate with the Division of Taxation - Child
Support Enforcement. In claiming good cause, the applicant or
recipient states that by cooperating with the Division of
Taxation - Child Support Enforcement in the child support
enforcement effort s/he would not be acting in the best interest
of the child. That is, cooperation with the Division of Taxation
- Child Support Enforcement would result in physical or emotional
harm to the child or the applicant or recipient which would
prevent him/her from being able to adequately care for the child.
Every applicant or recipient is given an opportunity to claim
good cause for refusing to cooperate. An AP-35 is read by the
applicant or recipient, explained by the Eligibility Technician
and signed and dated, in duplicate, by each. The applicant or
recipient retains a copy. The second copy is filed in the FIP
case record. Good cause applies only to cooperation. The
eligibility requirement regarding the assignment of support
rights is not affected by a good cause determination.
If good cause is claimed, the applicant or recipient is advised
that (s)he must state the basis of the claim and present
corroborative evidence within twenty (20) days of the claim; or,
(s)he must provide sufficient information to enable the
investigation of the circumstance; or, provide sworn statements
from individuals to support the claim as specified on the AP-35.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CSE/FIP CASE PROCESSING SECTION 0704
The determination as to whether good cause does or does not exist
should be made within thirty (30) days of the good cause claim
unless the record documents that the agency needs additional time
because the information required to verify the claim cannot be
obtained within the time standard. The final determination will
come to the Division of Taxation - Child Support Enforcement
agent via the APPD CASE panel.
COMMUNICATIONS WITH FIP STAFF 0704.30
REV:01/2002
The FIP Eligibility Technician and the Division of Taxation -
Child Support Enforcement agent will notify each other of
information pertaining to the FIP custodial parent, the absent
parent, and their child support case. Information will be
exchanged via the INRHODES MAIL function. Upon receiving a
message from the FIP Eligibility Technician, the Division of
Taxation - Child Support Enforcement agent will record the
information as a message on (CONT)ACT.
The Division of Taxation - Child Support Enforcement agent will
notify the FIP Eligibility Technician when:
o The custodial parent fails to cooperate with the
Division of Taxation - Child Support Enforcement;
o The custodial parent is found to be living at an
address which is different from the address at which
(s)he receives assistance;
o Paternity is established; and
o The absent parent is found to be living with the
applicant/recipient.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CSE/NA CASE PROCESSING SECTION 0706
SERVICES PROVIDED 0706.05
REV:01/2002
The Division of Taxation - Child Support Enforcement provides the
same child support enforcement services to families not receiving
public assistance as it does to families receiving public
assistance. Non-assistance (NA) cases are established
automatically when a public assistance case is closed or upon
receiving an application from a custodial parent who has
requested services. Services will also be provided to putative
fathers who request assistance in establishing paternity.
The Division of Taxation - Child Support Enforcement must provide
applications for IV-D services to individuals on the same day a
request is made in person or within five (5) working days of a
written or phone request. Services are free for custodial
parents whose AFDC/FIP cases were closed after October, 1985.
For all others, including custodial parents whose AFDC cases were
closed before October, 1985, the application fee is twenty
dollars ($20).
Applications are considered filed on the day the necessary forms
(along with the application fee) are received by Division of
Taxation - Child Support Enforcement. A case file must be opened
within twenty (20) calendar days of the date the application was
filed. This is done by establishing a case record (according to
office procedures) and, based on an assessment of the case,
deciding what action should be taken. Actions may include:
o Obtaining necessary and relevant information from the
custodial parent and other relevant sources;
o Initiating verification of information, if appropriate;
o Requesting additional location information, or
referring the case for further location attempts if
location information is inadequate;
o Scheduling an applicant interview if needed.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0706 CSE/NA CASE PROCESSING
0706.10 NA APPLICATION PROCEDURES
REV:01/2002
Custodial parents may request an NA application by calling or
writing the Division of Taxation - Child Support Enforcement
office. The date a request is received by either mail or phone
should be recorded in a log book along with the name and address
of the applicant. The application should be mailed out the same
day the request is received.
When the application is returned to Division of Taxation - Child
Support Enforcement it will be first reviewed by a clerk or
secretary who will:
o Record the date the application was received;
o Determine whether the case is establishment,
enforcement or interstate;
o Forward the application to the appropriate unit
supervisor.
The unit supervisor will:
o Record the application in a non-welfare log. This log
should note the date the application was received (all
non-welfare applications should be time-stamped), the
name of the agent to whom the application is being
referred and the date of the referral.
The Division of Taxation - Child Support Enforcement agent will
(within twenty calendar days of the date Division of Taxation -
Child Support Enforcement received the application):
o Establish a case record following office procedures;
o Determine what actions must be taken;
o Schedule an appointment with the applicant if needed.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CSE/NA CASE PROCESSING SECTION 0706
NA Application Interview 0706.10.05
REV:01/2002
Whenever an agent interviews a new applicant for non-assistance
(NA) services the agent will:
o Provide the custodial parent with information regarding
child support services, his/her rights and
responsibilities, and the State's fees, cost recovery
and distribution policies;
o Discuss the types of services available and help the
applicant in deciding the service needed: bookkeeping
only, location only, or full service;
o Provide assistance in completing the application if
needed;
o Obtain and clarify any information needed;
o Advise the custodial parent that it is his/her
responsibility to provide any legal documentation
required such as a birth certificate or divorce decree;
o Explain to applicants the range of services available
to them and their right to reject any action they do
not want taken.
o Obtain the custodial parent's signature on any forms
necessary to initiate action.
o Enter the case information into the INRHODES system, if
it has not already been done.
CUSTODIAL PARENT RESPONSIBILITIES 0706.15
REV:01/2002
The non-assistance (NA) custodial parent must cooperate with the
Division of Taxation - Child Support Enforcement in the child
support enforcement effort. Cooperation means helping in:
o Locating the absent parent;
o Establishing paternity and orders for support and;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0706 RICSS/NON-AFDC CASE PROCESSING
o Collecting the support.
Actions include:
o Keeping the Division of Taxation - Child Support
Enforcement informed of his/her current address;
o Appearing at an office of Division of Taxation - Child
Support Enforcement when required;
o Appearing as a witness at judicial or other hearings;
o Providing information; and
o Attesting to the lack of information, under penalty of
perjury.
0706.20 NA TO PUBLIC ASSISTANCE CASES
REV:01/2002
If an existing IV-D non-assistance (NA) custodial parent begins
receiving FIP, the IV-A/IV-D interface will automatically switch
the CASE TYPE from N (non-assistance) to A (FIP) upon initial
approval of IV-A benefits. The case will appear on the agent's
DAIL with a message regarding the case status change.
0706.25 PUBLIC ASSISTANCE TO NA
REV:01/2002
When a custodial parent's FIP case is closed, the Division of
Taxation - Child Support Enforcement continues IV-D services by
opening a non-assistance (NA) case. INRHODES automatically opens
the NA case by changing the case status type to N. A message
will appear on the agent's DAIL advising of the change in case
status. INRHODES will automatically send the custodial parent a
letter informing her/him that child support services will
continue unless a request is made in writing that these services
are no longer wanted.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
RICSS/FOSTER CARE CASE PROCESSING SECTION 0708
FOSTER CARE AGENCY RESPONSIBILITIES 0708.05
REV:07/1994
Where appropriate the Foster Care agency will take all steps
including cooperative efforts to secure an assignment to the State
of any rights to child support and medical support on behalf of
each child receiving foster care maintenance payments.
CSE AGENCY RESPONSIBILITIES 0708.10
REV:01/2002
The RICSS agency will provide the same child support services for
children receiving IV-D Foster Care benefits as in any other child
support enforcement case.
Within 5 working days of receiving a referral from the DCYF, the
custodial parent is provided with an explanation regarding:
o Child support services;
o His/her rights and responsibilities; and
o The State's fees, cost recovery, and distribution
policies.
Within 20 calendar days of receiving a referral from the DCYF, the
RICSS agency establishes a child support case. Within that time,
the RICSS agency will, based on an assessment of the case,
determine necessary action, solicit necessary and relevant
information from the custodial parent and other relevant sources
and initiate verification of information when appropriate. Also,
when there is inadequate location information with which to
proceed, request additional information or pursue further location
attempts where appropriate.
The RICSS agency will:
o Locate absent parents;
o Establish paternity;
o Establish orders for support and medical support;
o Enforce orders; and
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0708 CSE/FOSTER CARE CASE PROCESSING
o Continue IV-D services when a family ceases to receive
assistance.
0708.15 ASSIGNMENT AND REFERRAL
REV:07/1994
The assignment of support rights secured on behalf of a child
receiving foster care maintenance payments shall constitute an
obligation owed to the State by the individuals responsible for
providing support. This obligation is collectible under all
applicable State and local processes. The amount of the obligation
will be either the amount specified in a court order which covers
the assigned support rights, or if there is no court order, an
amount determined by the State in accordance with a formula
established by the State.
0708.20 MONEY COVERED BY THE ASSIGNMENT
REV:01/2002
Any money or payment received by a custodial parent for the
support of a child receiving assistance is covered by the
assignment. This includes: current and past-due support ordered
by a court to be paid by an absent parent on behalf of children
covered by the assignment, any maintenance (alimony, spousal
support) ordered to be paid to a recipient when ordered in
conjunction with child support for children covered by the
assignment, unreimbursed assistance (the total amount of public
assistance paid to a family less any support paid and retained by
the State), any voluntary cash contributions made to a recipient
for his/her support or the support of the children covered by the
assignment and paid by the absent parent of the children, or by
anyone on behalf of the absent parent.
Assigned monies also include any benefits, such as Social
Security, Veterans' Benefits, and allotments or pensions, payable
to the absent parent but specifically ordered by the court to be
directed to the children on the assignment or to the recipient on
behalf of such children. Veteran's Benefits, military
allotments, or pensions payable to an absent parent which (s)he
agrees to redirect to the State to satisfy a support obligation
for children covered by the assignment are also considered
assigned monies. Often these benefits are forwarded directly to
the custodial parent who must forward them to the Division of
Taxation - Child Support Enforcement.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
RICSS/FOSTER CARE CASE PROCESSING SECTION 0708
COMMUNICATIONS WITH FOSTER CARE STAFF 0708.25
REV:01/2002
The Division of Taxation - Child Support Enforcement and Foster
Care agency will exchange information via the INRHODES MAIL
function. Upon receiving a message from the Foster Care worker,
the Division of Taxation - Child Support Enforcement agent will
record the message on (CONT)ACT.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
RICSS/MAO CASE PROCESSING SECTION 0710
MEDICAL ASSISTANCE AGENCY RESPONSIBILITIES 0710.05
REV:07/1994
The Medical Assistance agency is responsible for forwarding the
referral to the RICSS agency.
Also, it must notify the RICSS agency when an absent parent changes
or drops insurance and when a custodial parent stops receiving
Medical Assistance.
CSE AGENCY RESPONSIBILITIES 0710.10
REV:01/2002
The Division of Taxation - Child Support Enforcement is
responsible for providing the same services as it does for any
other type of child support case, including: locating absent
parents, establishing paternity and orders for support and
medical support, and enforcing such orders.
Within five (5) working days of receiving a referral from the
Medical Assistance agency, the custodial parent is provided with
an explanation regarding:
o Child support services;
o His/her rights and responsibilities; and
o The State's fees, cost recovery, and distribution
policies.
Within twenty (20) calendar days of receiving a referral from the
Medical Assistance agency, the Division of Taxation - Child
Support Enforcement establishes a child support case. Within
that time the Division of Taxation - Child Support Enforcement
will, based on an assessment of the case, determine necessary
action, solicit necessary and relevant information from the
custodial parent and other relevant sources, and initiate
verification of information when appropriate. Also, when there
is inadequate location information with which to proceed, the
Division of Taxation - Child Support Enforcement will request
additional information or pursue further location attempts where
appropriate.
The Division of Taxation - Child Support Enforcement will:
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0710 CSE/MAO CASE PROCESSING
o Locate absent parents;
o Establish paternity;
o Establish orders for support and medical support;
o Enforce orders; and
o Continue IV-D services when a family ceases to receive
assistance.
The Division of Taxation - Child Support Enforcement must provide
the Medical Assistance agency with copies of court orders which
include orders for medical support.
0710.15 ASSIGNMENT AND REFERRAL
REV:07/1994
Each applicant for or recipient of Medical Assistance or any
individual receiving Medical Assistance for and on behalf of any
other person for whom (s)he may be legally responsible will assign
his/her rights to any medical support or any other medical care
without the necessity of signing any document. This assignment
includes any and all rights and interests that (s)he may have to
payment for any medical support and to payment for any medical care
from any third party.
0710.20 CUSTODIAL PARENT RESPONSIBILITIES
REV:07/1994
As a condition of eligibility for Medical Assistance, a recipient
is required to cooperate (unless good cause for refusing to
cooperate is determined) with the State in: identifying and
locating the absent parent, establishing paternity for children
born out of wedlock, establishing support and medical support
obligations, enforcing such orders, and identifying and providing
information to assist the State in pursuing any third party who may
be liable to pay for care and services available under the State
plan for Medical Assistance, or attest to the lack of information
under the penalty of perjury.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
RICSS/MAO CASE PROCESSING SECTION 0710
COMMUNICATIONS WITH MA STAFF 0710.25
REV:01/2002
The Division of Taxation - Child Support Enforcement and Medical
Assistance agency will exchange information via the INRHODES MAIL
function. Upon receiving a message from the Medical Assistance
worker, the Division of Taxation - Child Support Enforcement
agent will record the message on (CONT)ACT.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
COOPERATIVE AGREEMENTS SECTION 0712
COOPERATIVE AGREEMENT DEFINED 0712.05
REV:01/2002
The Division of Taxation - Child Support Enforcement enters into
cooperative agreements with the Rhode Island Family Courts, the
Department of Children, Youth and Families (DCYF), and the
Department of Labor and Training (DLT). These are written
agreements which specifically outline each party's
responsibilities and the financial arrangements agreed upon.
CSE AGENCY/FAMILY COURT RELATIONSHIP 0712.10
REV:01/2002
The Rhode Island Division of Taxation - Child Support Enforcement
and the Rhode Island Family Court, to effect a cooperative
arrangement for establishing paternity and securing support
pursuant to Federal regulations, have entered into a cooperative
agreement. This agreement outlines the responsibilities of each
office. It may be revised or terminated according to the terms
set forth in the agreement.
DHS Responsibilities 0712.10.05
REV:01/2002
If an existing IV-D non-assistance (NA) custodial parent begins
receiving FIP, the IV-A/IV-D interface will automatically switch
the CASE TYPE from N (non-assistance) to A (FIP) upon initial
approval of IV-A benefits. The case will appear on the agent's
DAIL with a message regarding the case status change.
Family Court Responsibilities 0712.10.10
REV:01/2002
In summary the Family Court agrees to:
o Receive and hear civil complaints to establish
paternity and related motions. Jury and non-jury
paternity trials shall be made available to the
litigants in accordance with State statute. The Family
Court will work cooperatively with the Division of
Taxation - Child Support Enforcement to complete
discovery, blood testing, and trial within one (1) year
of service of the complaint upon the putative father;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0712 COOPERATIVE AGREEMENTS
o Receive voluntary acknowledgements of paternity after
informal hearing in accordance with State statute;
o Receive and hear in-state and interstate (URESA)
complaints and motions filed by Division of Taxation -
Child Support Enforcement to secure or enforce support
(including medical support);
o Establish or modify support orders using the child
support formula and guidelines adopted by
administrative order of the Family Court, pursuant to
the authority granted by R.I.G.L. 15-5-16.2. Maintain,
review, and/or amend said formula and guidelines in
accordance with the provisions of 42 U.S.C. 667 and 45
CFR 302.56;
o Docket complaints and motions to secure or enforce
support for hearing, on a date certain, within six (6)
weeks from the week that they are filed with the Family
Court by the Division of Taxation - Child Support
Enforcement;
o Docket Division of Taxation - Child Support Enforcement
applications requesting income withholding (in
contested administrative income withholding cases) for
hearing within fourteen (14) days of the filing of such
applications by the Division of Taxation - Child
Support Enforcement;
o Establish and maintain an "Appeals Calendar" for the
timely judicial review of administrative decisions
concerning set-off of income tax refunds, and any
decision or order of a Family Court Master;
o Safeguard information relating to applicants or
recipients of support enforcement services, in
accordance with Federal requirements;
o Upon reasonable notice, allow the Division of Taxation
- Child Support Enforcement access to all records and
periodic on-site observation of the performance of
functions being carried out relative to the agreement;
o Order all IV-D obligors to make support payments
directly to the Family Court; and
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
COOPERATIVE AGREEMENTS SECTION 0712
o Collect, identify, and post, via input to an automated
child support enforcement system, all IV-D support
payments within one (1) business day of their receipt.
Such receipts should reflect both the appropriate
period(s) of collection, and the appropriate posting
date(s).
COOPERATIVE AGREEMENT WITH DCYF 0712.15
REV:01/2002
In Foster Care cases, under cooperative agreement the DCYF,
Division of Taxation - Child Support Enforcement, and Family
Court mutually agree to carry out the responsibilities set forth
below.
DCYF Responsibilities 0712.15.05
REV:01/2002
The DCYF will:
o Draw up complaint forms for children in placement, in
accordance with stated Departmental policy and
procedures;
o Supply the Division of Taxation - Child Support
Enforcement with the following information regarding
one or both parents: date of birth, social security
number, current or last known residential address, and
name and address of employer and approximate salary;
o Supply, at a minimum, the residential address of one
parent for the delivery of a subpoena when the above
listed information is not available;
o Have all complaints signed by an authorized
representative of the Department, whose signature shall
be notarized;
o Forward all complete complaints to a Division of
Taxation - Child Support Enforcement supervisor;
o Be responsible for all information on complaint forms,
and take responsibility for legal action other than
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0712 COOPERATIVE AGREEMENTS
which may result from the filing of a support petition;
o Make appropriate staff available for court appearances,
as necessary, and provide the assistance of DCYF legal
counsel, upon Division of Taxation - Child Support
Enforcement's request, on issues relating to the legal
basis of DCYF programs, activities and claims;
o Furnish annual documentation (on or about July 15th
each year) to the Family Court and the Division of
Taxation - Child Support Enforcement on guidelines for
minimum placement cost.
0712.15.10 CSE AGENCY RESPONSIBILITIES
REV:01/2002
The Division of Taxation - Child Support Enforcement will:
o Accept and review complaint forms forwarded by the DCYF;
o Cite the reason a complaint form is returned, if it is
incomplete or cannot be processed;
o Prepare all other needed legal forms to process the case
through the court;
o Insure that the case is properly served and parties are
notified to appear in court;
o Notify DCYF of scheduled court cases, not later than two
(2) weeks prior to the court date;
o Use its attorneys to present the case in court and secure
support orders;
o Prepare a decree subsequent to each court hearing, and
forward a copy to DCYF within ten (10) working days after
the hearing;
o Monitor support orders for timeliness of payments;
o Provide individual payment profiles to DCYF on request;
and
o Remit to the General Treasury those funds collected on
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
COOPERATIVE AGREEMENTS SECTION 0712
behalf of DCYF, after having first deducted the
reasonable costs and expenses incurred in the
processing of each case.
Family Court Responsibilities 0712.15.15
REV:01/2002
The Family Court agrees to:
o Accept Division of Taxation - Child Support Enforcement
referrals on behalf of DCYF;
o Assign docket numbers;
o Assign dates of court hearings;
o Hear the case;
o In accordance with the requirement of the State Plan
for Title IV-D and state statute cited above, order
responsible parents to pay support. The Court shall
not necessarily be held to minimum payment guidelines
noted above, and may make support orders for a greater
or lesser amount based on testimony.
COOPERATIVE AGREEMENT WITH DLT 0712.20
REV:01/2002
The Rhode Island Department of Labor and Training (DLT) and the
Department of Administration, Division of Taxation - Child
Support Enforcement have entered a cooperative agreement.
The DLT agrees to:
o Compare the file of child support obligors, provided by
Division of Taxation - Child Support Enforcement in
behalf of DHS, with the appropriate DLT files to
identify those absent parents who are DLT claimants,
and notify the Division of Taxation - Child Support
Enforcement of any absent parents so identified; and
o Withhold a specified amount from an absent parent's
weekly benefit amount, as requested by the Division of
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0712 COOPERATIVE AGREEMENTS
Taxation - Child Support Enforcement.
The Division of Taxation - Child Support Enforcement agrees to:
o Authorize the Family Court to receive child support
money withheld by DLT;
o Provide a file of absent parent's names for matching
with appropriate DLT files, to identify claimants;
o Certify to DLT, by means of Family Court form DR-29,
any identified absent parent who has either an
outstanding court order with arrears, or an agreement
with the Division of Taxation - Child Support
Enforcement to withhold a specific amount;
o Accept all amounts withheld and remitted to the Family
Court, for the appropriate distributions; and
o Notify the DLT, in writing, of any changes in the
amounts to be withheld, or of information regarding
claimants.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CASE MANAGEMENT SECTION 0714
CASE INITIATION 0714.05
REV:01/2002
The Division of Taxation - Child Support Enforcement, within
twenty (20) calendar days of receiving a referral or of the
filing of a non-assistance (NA) application, opens cases by
establishing a case record. FIP IV-D cases are automatically
established upon approval of the FIP case and are processed
through the IV-A/IV-D interface. The initial IV-A case data on
the absent parent, child(ren), and client is used to create the
IV-D case record without any data entry requirement by the
Division of Taxation - Child Support Enforcement agent.
Initiating FIP Cases 0714.05.05
REV:01/2002
FIP IV-D cases are automatically created in the APPD function.
The agent is notified of new cases from IV-A through the agent's
Daily Report Initial Review (DAIL INIT). Cases are referred to
either Establishment or the Interstate Unit depending on the
absent parent's address as entered by the FIP Eligibility
Technician (ET). The agent will review the case by accessing
APPD in C (Correction) mode.
There are situations when the interface cannot create an APPD
record. If the interface encounters a conflict with an absent
parent's name or SSN, the case will not appear in DAIL INIT.
These cases appear on a hard copy report produced nightly.
Designated agents who receive the exception reports will resolve
the conflict using the Case Resolution (CSRS) function. The
agents will:
o Look at the Person Search (PRSN) function on both name
and SSN, to find out whether the absent parent is on
other IV-D cases or known under a system-generated
temporary (pseudo) SSN; and
o Upon resolution, an APPD case record is created and the
case appears on the appropriate agent's DAIL INIT. All
FIP cases appearing on the DAIL INIT will have a CASE
ACTION CODE of IR (Initial Review).
Case reopenings will appear either on the establishment agent's
DAIL, or the Enforcement agent's DAIL, depending on the status of
the case when it was last open.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0714 CASE MANAGEMENT
To review a case the agent will:
o Review CCAS function to determine if it is a Loco
Parentis case (more than one absent parent), or if the
client has made more than one paternity allegation for
the same child;
o Review APPD data in C mode:
The ABSP Page 1 shows whether the absent parent's
address information is complete but needs
verification, or if location is needed.
The ABSP Page 2 shows:
If the custodial parent and the absent parent
were ever married. If there is an indication
that there is a domestic case filed with the
Family Court (divorce date), contact the
court to obtain the docket number.
If the custodial parent cooperated with the
IV-A Eligibility Technician in providing
information, and whether good cause is a
consideration in the case.
The CHLD panel shows the paternity status of the
child, as assessed by Eligibility Technician.
When the PATERNITY STATUS field is PI
(paternity is an issue), the agent will:
Compare the code in the RELATIONSHIP OF:
AP CLIENT field and the child's date of
birth (DOB) to find out whether there is
a presumption of paternity (Refer to
Section 0718);
Query PRSN using the child's name to see
if more than one allegation was made for
the child.
When paternity is not an issue, the agent
will update the PATERNITY STATUS field with
PNI (Paternity is not an issue);
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CASE MANAGEMENT SECTION 0714
o Review the INSU panel to find out whether any medical
insurance information was collected by the IV-A
Eligibility Technician during the application
interview;
o Contact the custodial parent when information is
inconsistent, or unclear;
o Enter a case narrative using the (CONT)ACT function to
record any information or action not automatically
recorded by CASE (TRAC)KING; and
o Remove the CASE ACTION code IR from the APPD CASE
panel, to remove the case from the DAIL INIT to DAIL.
Initiating NA, MAO, Foster Care Cases 0714.05.10
REV:01/2002
In non-assistance (NA) and DCYF cases, information does not come
over through the IV-A/IV-D interface. New cases (case never
before entered) are established by the Division of Taxation -
Child Support Enforcement agent when information obtained from an
application or referral is input via the APPD function.
Therefore, the agent will be completing the IR (Initial Review)
simultaneously as the case is established.
Before entering the application data into INRHODES the agent
will:
o Review the application information provided by the
custodial parent; and
o Look at the PRSN function on all members of the case,
to find out whether they are on other IV-D cases and if
any additional information is known. Absent parents
should be searched by name, then SSN, if necessary.
The agent will then:
o Input data into INRHODES using the APPD function in E
(Entry) mode;
o Make a narrative on (CONT)ACT recording any information
or action not automatically recorded on CASE
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0714 CASE MANAGEMENT
(TRAC)KING; and
o Enter a NEXT CSE REVIEW date on the APPD CASE panel,
showing when the case should be worked again.
When the custodial parent provides a copy of an existing support
order, the agent will call the Family Court and request that the
docket number be entered in the computerized card file system
(CORT). The court order data will be entered by the Division of
Taxation - Child Support Enforcement Data Entry Specialist using
the ORDR function.
0714.05.15 Follow Up to Initial Review
REV:01/2002
Based on an assessment of the case to determine necessary action,
the Division of Taxation - Child Support Enforcement will:
o Solicit necessary and relevant information from the
custodial parent, and other relevant sources, and
initiate verification of additional information, if
appropriate;
In FIP, Medical Assistance Only, and DCYF cases, if a
birth certificate is necessary, the agent will add the
case name to the list of cases for which certificates
are needed. All of the agents' lists will be combined
once a week according to FIP office and forwarded to
the appropriate offices so that the needed birth
certificates can be gathered and sent to RICSS.
In non-assistance (NA) cases, it is the custodial
parent's responsibility to provide the certificate;
o If there is inadequate location information to proceed
with the case, the Division of Taxation - Child Support
Enforcement will initiate requests for additional
information or attempt further location. See Section
0716; and
o Ensure that the case record contains all information
and documents about the case, as well as all relevant
facts, dates, actions taken, contacts made, and results
achieved.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CASE MANAGEMENT SECTION 0714
Determining the Next Action 0714.05.20
REV:01/2002
After completing the Initial Review, the Division of Taxation -
Child Support Enforcement agent will decide what action to take
next. This will depend primarily on whether the absent parent
has been located; that is, whether there is an address at which
the absent parent can be served. The agent will proceed by
either:
o Verifying the absent parent's address and/or employer,
if information was obtained during the application; or
o Initiating location activities when information was not
provided. See Section 0716.
When the absent parent's Rhode Island address or employer is
verified, the agent will:
o Proceed to paternity establishment (Section 0718) when
paternity is an issue;
o Proceed to Support Order Establishment (Section 0720)
when paternity is not an issue, and:
The absent parent has never been ordered to pay
support, or
The custodial parent and child(ren) are receiving
FIP for the first time, and the absent parent has
already been ordered to pay support, and there
needs to be an order established payable to the
State of Rhode Island;
o Proceed to Child Support Enforcement Remedies (Section
0724) when there is an order for support and:
The case is non-assistance (NA), or
The case is FIP and it is being reopened;
o Proceed to Modification of Child Support Orders when
appropriate (See Section 0726).
When the absent parent is located in another state, the case may
be transferred to the Interstate Unit using the COPY command.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0714 CASE MANAGEMENT
See Section 0716.
0714.10 INITIAL VERIFICATION OF ARREARS
REV:01/2002
The Division of Taxation - Child Support Enforcement agent will
have the custodial parent complete an affidavit of arrears( when
appropriate) in cases where an order has been entered. The
affidavit of arrears provides the custodial parent with a place
to attest to the amount of support that was received directly
from the absent parent. The affidavit is printed from the FORM
function and includes a place for the Division of Taxation -
Child Support Enforcement agent to calculate arrearages.
Arrearage amounts are set by the Family Court when the case is
taken to court for an establishment or enforcement action.
Amounts are entered in INRHODES by the Family Court bookkeeping
department.
0714.15 FIP TO NA OPENINGS
REV:01/2002
When IV-A closes a FIP case, the information comes over on the
IV-A/IV-D interface and the system automatically converts the IV-D
message to the agent's DAIL that the FIP case has been closed.
INRHODES will also automatically send the custodial parent a
letter informing her/him that child support services will
continue unless a request is made in writing that these services
are no longer wanted. The agent will review the case to
determine whether any action needs to be taken.
0714.20 ADDING A CHILD TO A CASE
REV:01/2002
When a child is added to an FIP case, the agent will receive a
message on her/his DAIL. The agent will:
o Look at the INRHODES APPD CHLD panel to find out if
paternity has been established;
o Determine whether the child is included in any court
order established for the case;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CASE MANAGEMENT SECTION 0714
o Record information/data on the appropriate panels
including any contact with the custodial parent or
absent parent on (CONT)ACT; and
o Go on with the next action.
In all other cases the agent will add the child to the case by
inputting the appropriate data.
EMANCIPATION 0714.25
REV:01/2002
Pursuant to Rhode Island law, a child is emancipated upon his or
her eighteenth (18th) birthday. 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. However, an absent parent is obligated to continue
paying current child support until s/he has obtained a
modification terminating that obligation. Therefore, the
Division of Taxation - Child Support Enforcement agent will
continue to enforce an order until such time as notification is
received, from the Family Court, that the order has been
terminated.
CASE ASSESSMENT AND PRIORITIZATION 0714.30
REV:01/2002
The Division of Taxation - Child Support Enforcement has
implemented a case assessment and prioritization system to manage
its caseload. This system includes all cases and ensures that no
service required to be provided under the State plan has been
systematically excluded. Accordingly, the Division of Taxation -
Child Support Enforcement notifies all custodial parents that the
information they provide may affect the relative priority given
their case.
In the overnight batching process INRHODES reviews the day's
transactions and prioritizes the listing of cases according to
established case management rules. Cases will be listed on an
agent's DAIL according to the priority assigned by INRHODES.
Therefore, cases where the absent parent's home address or place
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0714 CASE MANAGEMENT
of employment have been recently verified will appear before a
case where location is needed. The sequence number of the case
(ESTB.01 or ENFP.45 etc.) is relative to the total number of
cases in the agent's caseload and its workability factor.
A case's priority can be changed by:
o INRHODES when an action is taken on the case;
o The agent, by updating either the CASE ACTION or AP
ACTION code on the APPD CASE panel. Using the CASE
ACTION code of CR (Case Review) will automatically
bring the case to the top of the list.
0714.35 CASE CLOSURES
REV:01/2002
The Division of Taxation - Child Support Enforcement shall
establish a system for closing cases. In order to be eligible
for closure, a case must meet at least one of the closing
criteria described. Additionally, in certain case situations the
Division of Taxation - Child Support Enforcement will notify the
custodial parent, in writing, sixty (60) calendar days prior to
the closing of the State's intent to close the case. A case will
not be closed if:
o The custodial parent supplies information in response
to the notice which could lead to the establishment of
paternity, an order for support, or enforcement of an
order; or
o Contact is reestablished with a custodial parent whose
whereabouts were unknown.
A custodial parent may request, at a later date, that her/his
case be reopened if there is a change in circumstances which
could lead to the establishment or enforcement of an order.
The Division of Taxation - Child Support Enforcement will retain
closed case records for a minimum of three (3) years.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CASE MANAGEMENT SECTION 0714
Closing Criteria Requiring 60 Day Notice 0714.35.05
REV:01/2002
A sixty (60) day closing notice will be sent to the custodial
parent when a case is closed for one of the following reasons:
o The child for whose benefit the support order was
obtained reaches the age of majority, the child support
order is still in effect, but there is no arrearage due
and owing the non-assistance (NA) client, or arrearage
due the State;
o The absent parent or putative father is deceased and no
further action, including a levy against the estate,
can be taken. The agent shall obtain a certified copy
of the death certificate and file a Motion to Dismiss;
o The child(ren), for whose sole benefit the order was
established, is/are deceased, and there is no arrearage
due the State;
o The child(ren), for whose sole benefit the order was
established, has/have been adopted, and there is no
arrearage due the State;
o The DCYF, for whose benefit the order was established,
no longer has care, custody and control of the minor
child(ren), and there is no arrearage due DCYF.
o Paternity cannot be established because:
The child is at least twenty-two (22) years old;
or
A genetic test or a court or administrative
process has excluded the putative father. The
Division of Taxation - Child Support Enforcement
Technical Staff Assistant shall file a Motion to
Dismiss based upon the exclusion; or
The Division of Taxation - Child Support
Enforcement has determined that it would not be in
the best interest of the child to establish
paternity in a case involving incest or forcible
rape, or in any case where legal proceedings for
adoption are pending;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0714 CASE MANAGEMENT
o The absent parent's location is unknown, and regular
attempts have been made using multiple sources to
locate the absent parent over a three (3) year period,
all of which have been unsuccessful;
o The absent parent cannot pay support for the duration
of the child's minority because (s)he has been
institutionalized in a psychiatric facility, is
incarcerated with no chance for parole, or has a
medically verified permanent and total disability with
no evidence of support potential. The Division of
Taxation - Child Support Enforcement must also
determine that no income or assets are available to the
absent parent which could be levied or attached for
support;
o In an NA case:
The Division of Taxation - Child Support
Enforcement is unable to contact the custodial
parent within a thirty (30) calendar day period
despite attempts by both phone and at least one
registered letter, or
The custodial parent fails to cooperate and an
action by the custodial parent is essential for
the next step in providing services.
0714.35.10 Closings Without Prior Notice
REV:07/1994
A 60-day closing notice does not have to be sent, if a case is
closed for one of the following reasons:
o The case was opened as a non-AFDC location only; or
o The non-AFDC custodial parent requests closure of a case
and there is no assignment to the State of arrears which
accrued under a support order and no reimbursement; or
o There has been a finding of good cause, and it has been
determined that support enforcement may not proceed
without risk or harm to the child or caretaker relative;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CASE MANAGEMENT SECTION 0714
o The mother of the child(ren), for whose sole benefit the
order was established, is deceased, and there is no
indication a change of payee is appropriate, and there is
no arrearage due the State.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
ABSENT PARENT LOCATION SECTION 0716
LOCATION STANDARDS 0716.05
REV:01/2002
An absent parent will be considered "located" when information
regarding his/her physical whereabouts, or place(s) of
employment, or other sources of income or assets have been
verified, and the information is sufficient to allow the Division
of Taxation - Child Support Enforcement to take the next
appropriate action.
Within no more than seventy-five (75) calendar days of
determining that location is necessary, the Division of Taxation
- Child Support Enforcement will access all appropriate location
sources, including transmitting appropriate cases to the Federal
Parent Locator Service (FPLS) and ensuring that location
information is sufficient to take the next appropriate action in
a case.
Appropriate location sources include but are not limited to:
o Credit Bureau;
o The Federal Parent Locator Service (FPLS);
o Interstate location networks;
o Relatives and friends of the absent parent;
o Current or past employers;
o The local telephone company;
o The U.S. Postal Service;
o Unions and fraternal organizations;
o Police, parole, and probation records, if appropriate;
o State agencies and departments as authorized by State
law, including those departments which maintain records
of:
Public assistance;
Wages, employment, and unemployment insurance;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0716
Income taxation;
Driver's licenses, vehicle registration; and
Criminal records.
0716.05.05 Continued Location Efforts
REV:01/2002
In cases where previous attempts to locate the absent parent have
failed, but for which adequate identifying and other information
exists, the Division of Taxation - Child Support Enforcement
will:
o Exhaust all appropriate location resources within
seventy-five (75) days of receiving new information;
o Submit to the FPLS, at least annually, cases in which
location is needed and for which an absent parent's
social security number is known or every effort has
been made to obtain it;
o Document all location efforts including telephone
contacts with the custodial parent and the absent
parent on the InRhodes (CONT)ACT panel;
o Record current, verified information on the APPD
function; and
o Repeat location attempts in cases in which previous
attempts to locate absent parents or sources of income
and/or assets have failed, but adequate identifying and
other information exists to meet requirements for
submittal for location, either quarterly or immediately
upon receipt of new information which may aid in
location, whichever occurs sooner.
0716.10 ABSENT PARENT SOCIAL SECURITY NUMBERS
REV:01/2002
The absent parent's social security number is the single most
important piece of information needed for location. With it the
Division of Taxation - Child Support Enforcement agent can query
various location resources, and also be assured that the absent
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
ABSENT PARENT LOCATION SECTION 0716
parent will be included in tape matches used for location,
establishment, and enforcement.
When an absent parent's social security number is unknown, a
pseudo number will be recorded on the APPD ABSP panel. Pseudo
numbers all begin with "666". When the agent obtains the absent
parent's correct number, (s)he will enter it on the ABSP panel.
The system automatically attempts to verify social security
numbers for absent parents with social security numbers and dates
of birth recorded on the APPD ABSP panel. This verification is
done via the NUMIDENT interface with the Social Security
Administration. On the APPD ABSP panel the SSA VERIFICATION
field indicates whether an absent parent's social security number
has been verified by the SSA. When a number is verified the
system will enter an * (asterisk). When the number cannot be
verified, the system will enter a D (Discrepancy) and a message
on the agent's DAIL.
The agent will attempt to resolve discrepancies and resubmit
cases for verification. To do so the agent will:
o Update the correct data fields: absent parent's name,
date of birth, or social security number;
o Remove the D from the SSA VERIFICATION field.
The system will automatically resubmit the number on the next
NUMIDENT match.
VERIFICATION 0716.15
REV:07/1994
When initiating establishment or enforcement actions, the agent
will verify any location information that has not been verified
within the last 3 months. The agent will attempt verification over
the telephone before sending for written verification. In
instances where verification must be done in writing, the agent
will send a specific location form or compose a free form location
letter via the INRHODES FORMS function.
When sending an INRHODES Letter for Location the agent will:
o Select the INRHODES FORMS function;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0716 ABSENT PARENT LOCATION
o Select the CHILD SUPPORT AGENT FORMS packet;
o Select the Location packet; and
o Select the appropriate letter(s).
The system will select absent parent identifying information off
the case APPD ABSP panels and print it on the letters. Letters
will be printed and forwarded to the agent by the Unit Clerk. The
agent will sign the letter and:
o Mail it by regular mail;
o Record on the APPD LOCA panel:
The NEXT REVIEW DATE, which is the date by which a
response should be received;
If a free form location letter was sent, enter the
date the form was sent. This date will be recorded
automatically for standard INRHODES location forms.
One week before the NEXT REVIEW DATE, the case name will appear on
the agent's DAIL Location Monitoring.
0716.15.05 Updating Location Information
REV:01/2002
Once information is verified, the agent will update the
appropriate APPD panels by entering:
o Any verified information;
o If the information is either the absent parent's
address or employer:
A V' for verified in the VERIFICATION field of
the applicable APPD panel;
The correct SRC (Source) code indicating how the
information was verified.
Note: When information is updated
for absent parents with more than
one Division of Taxation - Child
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
ABSENT PARENT LOCATION SECTION 0716
Support Enforcement case, all of
the absent parent's cases will be
updated simultaneously.
When entering a V' code for an address or employer, the system
will enter the date the information was input as the VERIFICATION
DATE.
When an agent verifies that address or employment information is
incorrect, and new information cannot be verified, s/he updates
the VERIFICATION field(s) by entering a B (Bad).
Transferring Cases to the Interstate Unit 0716.15.10
REV:07/1994
When an agent verifies that an absent parent has moved out of
state, or when the agent cannot verify this fact but still believes
that the absent parent is in another state, (s)he will:
o Update the appropriate APPD panel with any verified
information;
o Make a entry on the (CONT)ACT function if necessary;
o Print a copy of the panel which indicates that the absent
parent is out of state and circle the out of state
information; and
o Forward the printed panel to the Interstate Unit for the
next appropriate action.
ACCESS TO INFORMATION 0716.20
REV:01/2002
The Division of Taxation - Child Support Enforcement is
authorized by Rhode Island General Law 15-22-1 to have access to
and to request information from various individuals and entities
only for the purpose of and to the extent necessary for the
administration of the child support enforcement program.
The Division of Taxation - Child Support Enforcement agent
decides which individuals or entities to query to assist in the
location of the obligor based on information available in the
case.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0716 ABSENT PARENT LOCATION
These requests for information can be made by any method,
including but not limited to:
o Paper;
o Facsimile (Fax);
o Telephone; or
o Magnetic tape or other electronic means.
Unless otherwise limited by federal statute, individuals or
entities from whom the Division of Taxation - Child Support
Enforcement agent may secure such information include, but are
not limited to:
o State or municipal agencies;
o Utility companies (including telephone);
o Tax assessor's offices;
o Housing authorities;
o Employers;
o Professional or trade associations;
o Labor unions;
o Professional or trade licensing boards;
o Bank and other financial institutions;
o Credit bureaus or agencies; or
o Any other individual or entity which the Division of
Taxation - Child Support Enforcement has reason to
believe may have information that relates to or may
assist in the location of the obligor.
Requested information that must be provided includes, but is not
limited to, the obligor's:
o State income tax returns (including address, filing
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
ABSENT PARENT LOCATION SECTION 0716
status, and number of dependents reported on any return
filed by the obligor and any other information which
shall be determined and approved by the Tax
Administrator and such federal tax data as permitted by
federal law);
Unless otherwise limited by statute, the Division of Taxation -
Child Support Enforcement shall be entitled to:
o 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
o Quarterly contribution reports of the Department of
Labor and Training;
Unless otherwise limited by federal statute, requested
information that must be provided includes, but is not limited
to, the obligor's:
o Title to property;
o Credit status; or
o Professional affiliation.
Holders maintaining personal data are authorized to disclose to
the Division of Taxation - Child Support Enforcement all personal
data requested and such disclosure shall not violate provisions
of RIGL 38-2-2. No entity or individual who complies with such
requests for information shall be liable in any civil or criminal
proceeding brought by an obligor or an obligee on account of such
compliance.
Failure by any individual or entity to provide information,
without reasonable cause, within twenty (20) days of the receipt
of the request from the Division of Taxation - Child Support
Enforcement, is punishable by a one hundred dollar ($100) fine
for each failure. This fine may be assessed either by the Rhode
Island Family Court or the Division of Taxation - Child Support
Enforcement.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0716 ABSENT PARENT LOCATION
Any employee of the Division of Taxation - Child Support
Enforcement that uses or discloses such information in any manner
other than specified in RIGL 15-22-1 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.
0716.20.05 Credit Bureau Inquiries
REV:01/2002
The Division of Taxation - Child Support Enforcement submits a
monthly tape to the credit bureau for locating absent parents.
The credit bureau may provide information regarding the absent
parent residence and/or employment. The system automatically
submits absent parent names with known social security numbers
who are in location status; verification code on the APPD/ABSP
panel is either B (Bad), or C (complete but not verified) or
blank.
Agents may also make individual requests for information manually
through the FORM function at any time.
0716.20.10 INRHODES Person Search Function
REV:01/2002
The INRHODES PERSON SEARCH function can be used to determine
whether an absent parent is receiving assistance, living in an
assistance household, or is an absent parent in another Division
of Taxation - Child Support Enforcement case. This information
can be accessed by using either the absent parent's social
security number or name.
0716.20.15 Division of Motor Vehicles
REV:07/1994
The Division of Motor Vehicles can provide an absent parent's
social security number, last reported address, and vehicle
registration information. This information can be obtained either
by using the absent parent's social security number, or name and
approximate date of birth.
Address information obtained from the DMV driver's license records
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
ABSENT PARENT LOCATION SECTION 0716
is that which is provided by the absent parent, and may not be
current. Therefore, the agent will verify the information with a
second source, such as a letter for location (Post Office), before
taking the next action.
Department of Labor and Training 0716.20.20
REV:01/2002
The Division of Taxation - Child Support Enforcement and the
Department of Labor and Training (DLT) conduct a tape exchange
once a month to match absent parents' social security numbers
with DLT employment and wage information. Once the Division of
Taxation - Child Support Enforcement submits an absent parent's
social security number on the tape, the Division of Taxation -
Child Support Enforcement agent may look at the DLT files via the
INRHODES WAGE function.
Information obtained from the DLT is that which is reported to
the Division of Taxation by employers throughout the State.
Employers must report wage information quarterly. Consequently,
the information obtained may not reflect current employment
status. Information obtained through this tape exchange should,
therefore, be verified through a second source such as a phone
call or a letter to the employer.
To use information from the WAGE function, the Division of
Taxation - Child Support Enforcement agent will:
o Select the WAGE function;
o Key in the absent parent's social security number.
To obtain current information regarding an absent parent who may
be receiving Unemployment Compensation Benefits or Temporary
Disability Insurance, a location letter may be sent to DLT.
As in any successful location activity, verified information is
to be entered in the appropriate APPD panel.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0716 ABSENT PARENT LOCATION
0716.20.22 Requests for Information from Employers
REV:02/1997
The Division of Taxation - Child Support Enforcement agent may
request from any employer or any other source of income that s/he
has reason to believe employs an obligor, or otherwise provides
the obligor with regular periodic income, to provide information
concerning the dates and amounts of income paid, the last known
address, social security number, and available health care
benefits. The Division of Taxation - Child Support Enforcement
shall not inquire of an employer or other source of income
concerning the same obligor more than once every three (3)
months.
Employers or other sources of income to the obligor must respond
to these requests truthfully and in writing. No employer or
other source of income who complies with such requests shall be
liable in any civil action or proceeding brought by the obligor
on account of such compliance. Failure to comply with such a
request, without good cause, within twenty (20) days of receipt
of the request shall be punishable by a fine of one hundred
dollars ($100) per day for each day of violation. The fines will
be imposed by the Rhode Island Family Court.
0716.20.25 U.S. Postal Service
REV:07/1994
The agent will send a Letter for Location (Post Office) via the
INRHODES FORMS function to verify an absent parent's current or
forwarding address.
0716.20.30 Police or Criminal Records
REV:07/1994
The agent will send a Letter for Location (Police), to determine
whether an absent parent is known to a local Rhode Island police
precinct. To obtain information from the Adult Correctional
Institution (ACI), the Bureau of Criminal Investigation (BCI), or
Rhode Island Probation and Parole, the agent will send a free form
location letter.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
ABSENT PARENT LOCATION SECTION 0716
Division of Vital Records 0716.20.35
REV:07/1994
The agent will send a Letter for Location (R.I. Div. of Vital
Records) to obtain information regarding an absent parent's birth,
marriage, or death.
U.S. Armed Forces 0716.20.40
REV:07/1994
Locating members of the armed forces can be difficult and is
usually impossible without a member's social security number. The
Agent will try to verify information over the telephone before
requesting written verification. When written verification is
required the Agent will send a Letter for Location (Armed Forces #1
or #2) via the INRHODES FORMS function. The letters are written
for specific branches of the service and should be sent when it is
known which branch the absent parent is serving.
Federal Parent Locator Service 0716.20.45
REV:07/1994
The Federal Parent Locator Service is provided by the Office of
Child Support Enforcement (OCSE) for the purpose of locating absent
parents. The Federal Parent Locator Service provides information
from the:
o Social Security Administration (SSA);
o Internal Revenue Service (IRS);
o Veteran's Administration (VA);
o Department of Defense (DOD);
o National Personnel Records Center (NPRC);
o Selective Service System (SSS).
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0716 ABSENT PARENT LOCATION
0716.20.45.05 Restrictions
REV:01/2002
Only the central State Parent Locator Service (SPLS) office, or
other designated Division of Taxation - Child Support Enforcement
office, can accept requests to query the Federal Parent Locator
Service. Requests may be received only from:
o State or local agencies seeking to collect child and
spousal support obligations under the State plan, or
medical support obligations if an agreement is in
effect;
o A court that has authority to issue an order against an
absent parent for the support and maintenance of a
child, or any agency of such court;
o The resident parent, legal guardian, attorney, or
agency of a child who is not receiving aid;
o Authorized persons as defined in Parental Kidnaping, if
an agreement is in effect to use the FPLS in connection
with parental kidnaping or child custody cases.
0716.20.45.10 Requirements
REV:01/2002
All requests from the FPLS will include:
o The absent parent's name;
o The absent parent's social security number, if known
(before submitting a request without a social security
number, make every reasonable effort to obtain it);
o Information regarding whether the absent parent is, or
has been, a member of the armed services (if known);
o Information regarding whether the absent parent is, or
has ever, received any Federal compensation or
benefits; and
o Any other information prescribed by OCSE.
All requests to the Federal Parent Locator Service must be
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
ABSENT PARENT LOCATION SECTION 0716
accompanied by a statement signed by the Director which states
that:
o The request is being made solely to locate an
individual for the purpose of establishing paternity,
child support and medical support orders, and enforcing
those orders, or parental kidnaping;
o Any information obtained through Federal Parent Locator
Service shall be treated as confidential as outlined in
Section 0700.
Submitting Requests 0716.20.45.15
REV:07/1994
INRHODES will automatically submit FPLS requests every six months
on cases for which the absent parent's social security number is
known and location has not been verified (APPD ABSP panel,
VERIFICATION fields). To determine whether a case has been
submitted to the FPLS the agent will review the APPD LOCA panel.
This will show the date the last query was submitted.
An agent may submit an FPLS request on an individual case before
the end of six months by entering today's date in the REVIEW DATE
field for FPLS on the APPD LOCA panel.
State Parent Locator Service 0716.20.50
REV:01/2002
The Division of Taxation - Child Support Enforcement Interstate
Unit acts as Rhode Island's State Parent Locator Service. The
Interstate Unit will:
o Submit location requests to other states' Parent
Location Services; and
o Provide location services for other states.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0716 ABSENT PARENT LOCATION
0716.20.55 Directories
REV:01/2002
The Division of Taxation - Child Support Enforcement agent will
make use of various directories such as the Verizon telephone
directory.
0716.20.60 Friends and Relatives
REV:07/1994
Friends and relatives of the absent parent may be contacted,
however, the agent must be sure and not disclose information
regarding the specifics of the child support case.
0716.20.65 Division of Taxation
REV:07/1994
The RICSS agency conducts a tape match with the Division of
Taxation to intercept State tax refunds which will provide an
absent parent's most recent filing address.
0716.20.70 Project 419
REV:01/2002
IRS Project 419, more commonly referred to as Group II, provides
information from the absent parent's most recent Federal tax
return:
o Gross income and interest earned;
o Name and address of last reported employer;
o Names of dependents;
o Last reported residential address.
The Division of Taxation - Child Support Enforcement agent will
request Group II information when:
o All appropriate resources have been queried;
o All leads have been exhausted;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
ABSENT PARENT LOCATION SECTION 0716
o The absent parent's social security number is known.
The agent will:
o Manually complete a Department of the Treasury,
Internal Revenue Service, Request for Federal Tax
Return Information for Use of Child Support Enforcement
(Form 6878);
o Make a copy;
o Forward the original and copy to the Supervisor of the
Division of Taxation - Child Support Enforcement;
o Enter a message on the INRHODES (CONT)ACT panel
indicating that a Group II was filed.
The Supervisor of the Division of Taxation - Child Support
Enforcement will keep the copy of the Form 6878, and forward the
original to the appropriate IRS office. Responses will be
returned to the Supervisor of the Division of Taxation - Child
Support Enforcement, who will advise the agent of any information
and destroy both the copy of the request and the IRS's response.
Upon receiving information, the agent will verify it from a
second source, such as a Letter for Location (Employer), before
proceeding any further on the case.
Parental Kidnaping 0716.20.75
REV:01/2002
The Division of Taxation - Child Support Enforcement will accept
requests from agents or attorneys of the United States for FPLS
location services in connection with a parental kidnaping or
child custody case.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
PATERNITY ESTABLISHMENT SECTION 0718
LEGAL BASIS 0718.05
REV:01/2002
The father of a child which is, or may be, born out of lawful
wedlock is liable to the same extent as a father of a child born
of a marriage for the reasonable expense of the mother's
pregnancy and confinement, the education, necessary support and
maintenance, medical and funeral expenses of the child, and
reasonable counsel fees for the prosecution of paternity
proceedings. A child born out of lawful wedlock also includes a
child born to a married woman by a man other than her lawful
husband.
Pursuant to 42 U.S.C., Section 654, a state plan for child and
spousal support must provide that such state will undertake to
establish the paternity of a child with respect to whom an
assignment is effective, unless the state determines it is
against the best interests of the child to do so. The Division
of Taxation - Child Support Enforcement may bring such an action
based on the automatic assignment or application for IV-D
services. Any agreement of settlement with the putative father
is binding only when approved by the court.
PATERNITY TIME FRAMES 0718.10
REV:01/2002
For all cases referred, or when a non-assistance (NA) application
is filed and for which paternity has not yet been established,
the Division of Taxation - Child Support Enforcement must proceed
expeditiously to locate the alleged father when necessary, to
file for paternity establishment, and obtain a support order or
to dismiss all actions against the alleged father.
The processing of these cases must be done within the applicable
time frames established by federal regulations. Generally, these
time frames begin with either the referral of the case to
Division of Taxation - Child Support Enforcement or upon the
location of the alleged father.
Because paternity action must commence or the putative father
excluded within these time frames, it is imperative that Division
of Taxation - Child Support Enforcement vigorously pursue
obtaining voluntary acknowledgments of paternity whenever
possible. Voluntary acknowledgments often lead to quickly
established support orders thereby increasing the chances of
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0718 PATERNITY ESTABLISHMENT
successfully meeting federal completion time frames.
0718.15 PATERNITY PROCESSING
REV:01/2002
Before proceeding with paternity case processing, the Division of
Taxation - Child Support Enforcement agent will review the case
to determine:
o The kind of allegation made by the custodial parent:
single, multi-allegation, change, or unknown putative
father;
o Whether the necessary documentation is present, such as
a birth certificate, marriage license, and/or divorce
decree;
o Whether the case is a special situation which needs to
be referred directly to the Division of Taxation -
Child Support Enforcement Legal Unit after location:
Loco Parentis;
Multi-allegation;
Presumed legal father with paternity allegation of
a third party;
o Whether location is needed.
0718.15.05 Paternity Allegations
REV:01/2002
When a mother applies for FIP or Medical Assistance for a child
born out of wedlock, she completes a Statement of Need (DHS-2).
A mother applying for non-assistance (NA) services for a child
born out of wedlock completes a NA Child Support Application.
These documents require her to name (allege) the father of the
child for whom she is requesting benefits or services. The
Division of Taxation - Child Support Enforcement Child Support
agent will investigate the custodial parent's allegation, and
obtain the most accurate information with which to proceed. In
investigating the allegation, the agent may find:
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
PATERNITY ESTABLISHMENT SECTION 0718
o A single allegation of paternity, whereby the applicant
or recipient alleges the possibility of only one man as
being the child's father;
o A multi-allegation of paternity, whereby the applicant
or recipient alleges that she had sexual intercourse
with more than one man around the time of conception.
A multi-allegation may involve a combination of
putative fathers and/or a presumed father;
o A change in allegation, whereby the applicant or
recipient alleges that a child's natural father is
someone other than the man who was named previously;
o An unknown putative father, whereby the applicant or
recipient cannot make an allegation because (s)he does
not know the identity of the father.
In cases where the custodial parent alleges that she had sexual
intercourse with more than one man around the time of conception,
the agent will establish cases for all the putative fathers, or a
presumed father.
Presumptions of Legal Paternity 0718.15.10
REV:01/2002
During the Initial Review, the agent will evaluate the
information provided through the interface with IV-A, or
information obtained from the mother, or a previously established
case record. S/he will determine whether paternity needs to be
established, and/or whether there is a presumed father. In cases
where a multi-allegation or change in allegation includes a
presumed father and a putative father, the agent work the case
against the presumed father first before pursuing paternity
against a putative father. A man is presumed to be a child's
legal father if:
o 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;
o Before the child's birth, he and the child's natural
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0718 PATERNITY ESTABLISHMENT
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
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
If the attempted marriage is invalid without a
court order, and the child is born within three
hundred (300) days after the termination of
cohabitation;
o 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
He has acknowledged his paternity of the child in
writing and filed with the clerk of the Family
Court, or
With his consent, he is named as the child's
father on the child's birth certificate, or,
He is obligated to support the child under a
written voluntary promise, or by court order;
o 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;
o A presumption under this section may be rebutted in an
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
PATERNITY ESTABLISHMENT SECTION 0718
appropriate action only by clear and convincing
evidence. If two (2) or more presumptions arise which
conflict with each other, the presumption for which
there is more convincing evidence will prevail.
Presumption Determined 0718.15.10.05
REV:01/2002
When the agent determines that there is a presumed legal father,
(s)he will:
o Request a copy of the child's birth certificate, if not
already provided:
To request a birth certificate in an assistance
case, the Division of Taxation - Child Support
Enforcement agent will keep a list of birth
certificates that are needed. Once a week the
list will be given to the Secretary, who will
combine all the agents' lists, break them down by
FIP office, and forward the lists to the
appropriate IV-A office.
In NA cases, the agent will request that the
custodial parent provide the certificate;
o Enter the correct paternity status code on the APPD
CHLD panel;
o Make an entry on the INRHODES (CONT)ACT function;
o Proceed to the Support Order Establishment Section
(Section 0720).
Verifying Location 0718.15.15
REV:01/2002
To initiate paternity establishment, the agent will obtain a
verified Rhode Island address at which the putative father can be
served.
When the absent parent's verified address is out of state, the
agent will forward the case to the Division of Taxation - Child
Support Enforcement Interstate Unit (see Section 0716).
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0718 PATERNITY ESTABLISHMENT
0718.15.20 Putative Father Receiving Benefits
REV:01/2002
The agent may discover that the putative father is receiving SSI,
GPA, or FIP. The receipt of any of the foregoing will not prevent
the agent from pursuing paternity establishment.
0718.20 COMPLAINT FOR PATERNITY
REV:01/2002
Once the agent has reviewed the case and decided that paternity
will be pursued, (s)he will refer the case to the Division of
Taxation - Child Support Enforcement Legal Unit for the approval
of the decision. Upon receiving that approval, the agent will
proceed by obtaining the custodial parent's formal allegation of
paternity. The applicant/recipient will sign a Complaint for
Paternity, included in the Paternity Initial Referral packet,
which is the custodial parent's sworn allegation of paternity.
In NA cases, the agent will obtain the custodial parent's
signature during the initial interview. In FIP and Medical
Assistance Only (MAO) cases, the agent will have it served on the
custodial parent by the Constable.
The agent can print a Paternity Initial Referral packet, which
includes the Complaint for Paternity and the Summons. When this
is done, the system will automatically select the correct
Complaint for Paternity and schedule a court date. Another
option is that the agent can print the Complaint for Paternity
alone. When this is done, the system will ask the agent a series
of questions to determine which Complaint for Paternity to print
depending upon whether:
o The child for whom paternity is sought is under four
(4) years of age;
o The child for whom paternity is sought is four (4)
years or older;
o The child for whom paternity is sought is under four
(4) years of age, and the mother is a minor;
o The case is FIP or NA.
Once the custodial parent is served, the agent will print the
Paternity Initial Referral (deleting the Complaint for Paternity)
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
PATERNITY ESTABLISHMENT SECTION 0718
to have the putative father served. Whether the agent elects to
print the entire Paternity Initial Referral packet or just the
Complaint for Paternity, the system will:
o Assign the case to a Constable for service;
o Record the action on the CASE (TRAC)KING function.
Serving the Complaint for Paternity 0718.20.05
REV:01/2002
The clerical pool will receive the Complaint for Paternity, and:
o Review it for accuracy;
o Give it to the Constable for service.
The Constable will obtain and notarize the custodial parent's
signature on the Complaint for Paternity, and return it to the
clerical pool. Upon receiving the signed, notarized form, a
clerical person will:
o Record the action on the DAIL CONS panel; and
o Return the form to the Division of Taxation - Child
Support Enforcement agent.
The Division of Taxation - Child Support Enforcement agent will
refer the case to the Division of Taxation - Child Support
Enforcement Legal Unit to obtain the Attorney's signature on the
Complaint for Paternity.
INITIAL NOTIFICATION TO PUTATIVE FATHER 0718.25
REV:01/2002
The putative father first learns of an allegation of paternity
when the Constable serves him with a copy of the Complaint for
Paternity and the Summons, which are included in the Paternity
Initial Referral. In this way, he is informed of the allegation
and the manner in which to respond. The putative father is given
twenty (20) calendar days from the date of successful service to
respond, in writing, to the Family Court and the Division of
Taxation - Child Support Enforcement.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0718 PATERNITY ESTABLISHMENT
0718.25.05 Serving the Putative Father
REV:07/1994
The agent will forward the signed Complaint for Paternity to the
clerical pool, which will:
o Combine it with the rest of the Paternity Initial
Referral packet;
o Prepare a Constable Return Form;
o Give the packet to the Constable for service.
The Constable has 3 weeks to serve the putative father. At the
end of the 3 weeks, the packet must be returned regardless of
whether the putative father was successfully served.
The Administrative Secretary will record the results of service on
the DAIL CONS panel and return the packet to the agent. If the
putative father could not be served, the agent will initiate
location efforts. If service was successful, the agent will
monitor the case for 20 calendar days for a response from the
putative father.
0718.30 PUTATIVE FATHER'S RESPONSE
REV:07/1994
At the end of the 20 day period, the agent will review the case to
determine how the putative father responded to the Paternity
Initial Referral. The putative father may respond by:
o Admitting paternity;
o Denying paternity; or
o Failing to respond.
0718.30.05 Putative Father Admits Paternity
REV:01/2002
The absent parent's social security number is the single most
important piece of information needed for location. With it the
Division of Taxation - Child Support Enforcement agent can query
various location resources, and also be assured that the absent
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
PATERNITY ESTABLISHMENT SECTION 0718
parent will be included in tape matches used for location,
establishment, and enforcement.
When an absent parent's social security number is unknown, a
pseudo number will be recorded on the APPD ABSP panel. Pseudo
numbers all begin with "666". When the agent obtains the absent
parent's correct number, (s)he will enter it on the ABSP panel.
The system automatically attempts to verify social security
numbers for absent parents with social security numbers and dates
of birth recorded on the APPD ABSP panel. This verification is
done via the NUMIDENT interface with the Social Security
Administration. On the APPD ABSP panel the SSA VERIFICATION
field indicates whether an absent parent's social security number
has been verified by the SSA. When a number is verified the
system will enter an * (asterisk). When the number cannot be
verified, the system will enter a D (Discrepancy) and a message
on the agent's DAIL.
The agent will attempt to resolve discrepancies and resubmit
cases for verification. To do so the agent will:
o Update the correct data fields: absent parent's name,
date of birth, or social security number;
o Remove the D from the SSA VERIFICATION field.
The system will automatically resubmit the number on the next
NUMIDENT match.
Post Hearing Activities 0718.30.05.05
REV:01/2002
After the hearing, the Division of Taxation - Child Support
Enforcement agent will:
o Enter medical information on the APPD INSU panel;
o Forward the Medical Form to the Medical Assistance
agency;
o Refer the file to a clerk at court to type the order.
Hard copies of the order will be given to:
The custodial parent;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0718 PATERNITY ESTABLISHMENT
The putative father or his attorney;
The original will go to the Family Court;
o File a copy in the Division of Taxation - Child Support
Enforcement case record and return it to Master Files;
o Send a Mail Message to the IV-A Eligibility Technician,
advising that paternity was established;
o Process the Court Ordered Income Withholding. (See
Section 0722).
The entry of court order data will move the case from the
establishment agent's DAIL to the appropriate enforcement agent's
DAIL.
0718.30.10 Putative Father Denies Paternity
REV:01/2002
When the putative father responds to the Complaint for Paternity
by denying paternity, the Division of Taxation - Child Support
Enforcement agent will:
o Update the APPD CHLD panel by entering DEN (Denial) in
the PATERNITY STATUS field;
o Record the information on the (CONT)ACT panel;
o Enter a CASE ACTION CODE of PR (Paternity Referral) on
the APPD CASE panel;
o Forward the case record to the Division of Taxation -
Child Support Enforcement Legal Unit.
0718.30.10.05 Blood Tests
REV:07/1995
In a proceeding under RIGL 15-8-11, before trial, the court, upon
application made by or on behalf of any party to said action, 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. These tests may include, but are not limited to, tests of
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
PATERNITY ESTABLISHMENT SECTION 0718
red cell antigens, red cell isoenzyme, human leukocyte antigens,
serum proteins, and other genetic testing, to determine whether the
alleged father is likely to be, or is not, the father of the child.
If at the trial, in a proceeding under RIGL 15-8-11, it is shown
that a party refused to submit to court ordered blood or tissue
typing tests, such refusal shall be considered by the jury, or the
court without a jury, along with all other evidence presented on
the issue of paternity. 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.
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 such payment shall be
taxed as costs in the action. Before conducting blood or tissue
typing tests, the court may order any part of or all of the
compensation paid in advance.
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 such results may
be introduced into evidence and a cash bond posted with registry of
the family court in amount sufficient to cover the costs of the
duly qualified expert to appear and testify.
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
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0718 PATERNITY ESTABLISHMENT
such threshold probability shall constitute a prima facie case of
establishment of paternity and the burden of proof shall shift to
the party to rebut such proof by clear and convincing evidence.
0718.30.10.10 Motion for Blood Test
REV:01/2002
When a putative father denies paternity, the case will be
distributed to the Division of Taxation - Child Support
Enforcement Technical Staff Assistant by alpha, putative father
name. The Technical Staff Assistant will:
o Determine whether the putative father has an attorney.
If so, all documents will be mailed to the attorney and
not to the putative father;
o File a Motion for Blood Test, which will be served on
the putative father or mailed to the attorney.
At the hearing, provided the putative father is not represented
by an attorney, the Division of Taxation - Child Support
Enforcement attorney will:
o Explain blood testing and the paternity process to the
putative father;
o Obtain the putative father's entry of appearance by
obtaining his signature and address on the Stipulation.
If the putative father fails to appear at the hearing, the
Division of Taxation - Child Support Enforcement Attorney will
ask the court to grant the Motion for Blood Test. When the order
is granted, it is entered on the ORDR PATT panel and information
regarding blood test fees is entered on the GENERAL panel.
The case file is forwarded to a clerk at court who will:
o File the original order with the Family Court;
o Hand deliver a copy to the putative father or his
attorney, and the mother. If the putative father is
not present, a copy of the order will be mailed to the
putative father;
o Send a copy of the order to the Central Registry of the
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
PATERNITY ESTABLISHMENT SECTION 0718
initiating state when appropriate;
o Place a copy in the case record and return the file to
the Division of Taxation - Child Support Enforcement
Legal Unit.
Scheduling Blood Test 0718.30.10.15
REV:07/1994
The Technical Staff Assistant will:
o Schedule the blood tests;
o Print a Letter to AP Re: Blood Test Appointment, via
FORMS;
o Send the Letter to AP Re: Blood Test Appointment to the
putative father or his attorney;
o Print a Letter to Client Re: Blood Test Appointment
(Mother & Child), via FORMS, and send it along with a
copy of the Order for Blood Test to the custodial parent.
If the putative father reschedules the blood test appointment, the
Technical Staff Assistant will send another Letter to AP Re: Blood
Test Appointment, writing a note on the letter advising him that if
he does not keep the appointment, a Motion for Default will be
filed.
The custodial parent also may request to reschedule the blood test.
If, after the appointment has been rescheduled several times, and
the custodial parent fails to keep the appointment, the Technical
Staff Assistant will notify the IV-A Eligibility Technician, via
the MAIL function, if appropriate.
Request for Admissions 0718.30.10.20
REV:01/2002
Blood test results are returned to the Division of Taxation -
Child Support Enforcement Legal Unit. When the test shows a high
probability of paternity, the Division of Taxation - Child
Support Enforcement Technical Staff Assistant will:
o Schedule an appointment with the custodial parent to
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0718 PATERNITY ESTABLISHMENT
obtain her signature on the Affidavit, photograph and
give her a copy of the blood test results;
o Send to the putative father (by certified mail), or his
attorney (by regular mail):
A Request for Admissions;
A copy of the Affidavit; and
A copy of the blood test results.
The absent parent has ten (10) days to respond in writing to the
Request for Admissions. If the absent parent objects to the
Request for Admissions, a Motion to Compel Answers is filed,
setting the matter for hearing. The court then orders the
putative father to respond to the request by either admitting or
denying paternity.
If the putative father admits or fails to respond within ten (10)
days, the Request for Admissions is deemed true and accurate and
a Motion for Summary Judgement (contested) is filed. If the
putative fathers denies a specific Request for Admissions and
admits the remainder, the Technical Staff Assistant will file an
amended version of the Motion for Summary Judgement.
A Motion for Bond is filed in conjunction with the Motion for
Summary Judgement. The purpose of the Motion for Bond is to
ensure that if the court does not grant the State's Motion for
Summary Judgement, support payments will be held in escrow until
an order is entered.
The absent parent's presence is required at the hearing on the
Motion for Summary Judgement, even if he is being represented by
an attorney:
o If the absent parent appears and does not object to the
Motion for Summary Judgement, he is adjudicated to be
the father of the minor child, his name is added to the
child's birth certificate, and a support order is
entered. The escrow payments, if previously ordered,
are released and an order for medical coverage is
obtained;
o If the absent parent fails to appear, and is not being
represented by an attorney:
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
PATERNITY ESTABLISHMENT SECTION 0718
The court will grant the Motion for Summary
Judgement, finding the putative father to be the
father of the minor child;
PSJ (Paternity Summary Judgement) will be entered
on the ORDR PATT panel;
The case is then referred back to the Division of
Taxation - Child Support Enforcement agent to file
a Motion for Support.
o If the putative father appears and objects to the
Motion for Summary Judgement, the court may:
Grant the Motion for Summary Judgement and order
the aforementioned relief;
Deny the Motion for Summary Judgement and order
DNA blood testing, a second HLA test, and/or grant
the State's Motion for Bond;
Deny the State's Motion for Summary Judgement and
order the discovery process to continue in
preparation for trial.
Discovery 0718.30.10.20.05
REV:07/1994
Discovery is the tool used for information gathering in preparation
for a paternity trial. The rules of discovery are found in Rules
of Domestic Procedure. Among the discovery documents utilized in
a contested paternity case are the following:
o Depositions. Any party may, upon order of the court,
take the testimony of any person including a party, upon
oral examination or written interrogatories, for the
purpose of discovery or for use as evidence in the action
or for both purposes. Limitations and the scope of the
examination are governed by Rules 26 - 32.
o Interrogatories. Interrogatories, or written questions,
may be served upon an adverse party without permission of
the court, if sent after 20 days of service of the
defendant. The answers must be made fully in writing
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0718 PATERNITY ESTABLISHMENT
under oath, and be signed by the person making said
answers, within 40 days after service. The scope and
limitation of the interrogatories are governed by Rule
33.
o Request for Production of Documents. Any party may serve
on the other party a request in writing to produce, and
permit the party making the request to inspect and copy
documents or tangible things which are in the possession,
custody, or control of the party upon whom the request is
served, or permit entry upon land or other property in
the possession or control of the party upon whom the
request is made. The procedures, scope and limitation of
the Request for Production are contained in Rule 34.
o Request for Admissions. A party may serve upon any other
party a written request for the admission of the
genuineness of any relevant documents or of the truth of
any relevant matters of fact set forth in the request.
Each of the matters of which an admission is requested
shall be deemed admitted unless, within 10 days after
service, the party either:
Denies, specifically, the matters requested; or
Sets forth in detail the reasons why he cannot
truthfully admit or deny those matters; or
Objects and requests a hearing on said objection.
Rule 36 sets forth the effect of admissions as well as
the procedure;
o Motion to Compel Answers on Request for Sanctions. If
the adverse party refuses to answer discovery, the party
must file a Motion to Compel said answers and request a
hearing. Rule 37 sets forth the procedures and
consequences for failure to respond.
These techniques are used by both the custodial parent's and
putative father's attorneys. Sanctions are ordered for the
prevailing party when the opposing party fails to respond.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
PATERNITY ESTABLISHMENT SECTION 0718
Blood Test Reveals Putative Father Excluded 0718.30.10.25
REV:01/2002
When the blood test excludes the putative father, the Technical
Staff Assistant will review the case to make sure that the
custodial parent was given the opportunity to identify the
putative father during blood testing.
When the custodial parent did not identify the putative father,
the Technical Staff Assistant will contact her to come in and
identify him from the lab photo.
When the custodial parent cannot identify the putative father
during blood testing or during a subsequent appointment with the
Technical Staff Assistant, the Technical Staff Assistant will:
o File a Motion to Dismiss; and, at the same time
o Contact the custodial parent by sending her:
A Letter to Client Re: Blood Test Exclusion;
A copy of the Motion to Dismiss;
A copy of the blood test results;
o Send the putative father, or his attorney, a copy of
the Motion to Dismiss.
After the hearing, the case is forwarded to the clerical pool to
type the order. A clerical person will:
o Update the case by entering PDS for (Paternity
dismissed) on the ORDR PATT (COURT ORDERS) panel;
o Hand deliver a copy of the order to the putative father
and mother;
o File the original with the court;
o Retain a copy for the Division of Taxation - Child
Support Enforcement case file;
o Refer the case record to the Division of Taxation -
Child Support Enforcement agent, to obtain a new
allegation of paternity for filing a Complaint for
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0718 PATERNITY ESTABLISHMENT
Paternity.
0718.30.15 Putative Father Fails to Respond
REV:07/1994
When a putative father fails to respond to the Paternity Complaint,
the agent will print a Paternity: Default packet and the Motion for
Support packet. The WPU will:
o Review the packets for accuracy;
o Forward the Paternity: Default packet to the Legal Unit
for signature.
When the Paternity: Default packet is returned, the WPU will
forward the packets to the Family Court to be stamped. When the
packets are returned, the WPU will request Constable service. The
WPU will:
o Prepare a Constable Return Form;
o Give the packets to the Constable for service.
The Constable has 3 weeks to serve the putative father. At the end
of the 3 weeks, the packet must be returned regardless of whether
the putative father was successfully served.
The RICSS agent will file a Motion for Default, and have the
putative father served with a Subpoena and the Motion for Default
to appear in court.
0718.30.20 Putative Father Cannot be Served
REV:07/1994
When the putative father cannot be served, the packet is returned
to the WPU. The clerk will:
o Record the results of service on the DAIL CONS panel;
o Return the packet to the agent.
The agent will review the Constable Return Form, which provides a
description of the efforts made to serve the putative father. The
agent will initiate location efforts (See Section 0716).
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
PATERNITY ESTABLISHMENT SECTION 0718
ESTABLISH PATERNITY WITHOUT COOPERATION 0718.35
REV:01/2002
The agency may proceed with attempts to establish paternity when
the applicant or recipient fails to cooperate without good cause.
Whether paternity can be established depends on the Division of
Taxation - Child Support Enforcement being able to obtain
sufficient information regarding the putative father without the
cooperation of the mother, and whether the putative father admits
paternity.
The agency may also proceed with attempts to establish paternity
in situations where it is determined that good cause exists for
the applicant or recipient refusing to cooperate with Division of
Taxation - Child Support Enforcement. In these cases, the agency
must make a determination that this activity can proceed without
risk of harm to the child or caretaker relative if the
enforcement activity does not involve their participation. This
determination must be in writing, will contain the agency's
findings and basis for determination, and will be entered into
the FIP case record. If the IV-A agency excuses non-cooperation,
but determines that the IV-D agency may proceed to establish
paternity, it will notify the applicant or recipient to enable
such individual to withdraw his or her application for assistance
or have the FIP case closed. Prior to making this determination,
Division of Taxation - Child Support Enforcement will be afforded
an opportunity to review and comment on the findings and basis
for the proposed determination.
SPECIAL PATERNITY ISSUES 0718.40
REV:07/1994
Not all paternity cases will involve the child's mother as the
custodial parent. There will be cases where the child is living
with a relative (Loco Parentis cases) or with the putative father.
In these cases paternity can still be established, however,
procedures will differ from the cases previously discussed.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0718 PATERNITY ESTABLISHMENT
0718.40.05 Loco Parentis Cases
REV:07/1994
In Loco Parentis cases, the applicant or recipient will make an
assignment regarding both the putative father and the child's
mother. However, (s)he cannot make the formal allegation of
paternity. The Complaint of Paternity can only be signed by a
child's mother. Therefore, the agent will attempt to locate and
contact the child's mother before pursuing paternity against the
putative father. The procedures followed will depend on the
information obtained, and how cooperative the child's mother and
the putative father are.
0718.40.10 Putative Father Seeks Establishment
REV:01/2002
The Division of Taxation - Child Support Enforcement will
establish paternity upon the request of a putative father. A
putative father does not have to have custody of the child nor
receive assistance for such services to be provided.
0718.40.10.05 Custodial Father Seeks Establishment
REV:01/2002
The Division of Taxation - Child Support Enforcement will seek to
establish paternity when a putative father is the custodial
parent and applies for FIP, MA, or NA services. The case shall
be referred to the Division of Taxation - Child Support
Enforcement legal unit by the IV-A Eligibility Technician. An
appointment shall be scheduled for the putative father with the
Division of Taxation - Child Support Enforcement Technical Staff
Assistant. The Technical Staff Assistant will immediately:
o Determine if there is an existing case, i.e., if the
mother was previously on AFDC/FIP and named the
custodial parent as the putative father;
o Determine if there is a docket number and/or if there
is an existing case;
o Interview the putative father and natural mother, if
she is present, and obtain pertinent data to complete
the Petition for Voluntary Acknowledgment. Obtain data
relative to the mother's location, if appropriate;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
PATERNITY ESTABLISHMENT SECTION 0718
o Request the appropriate Petition for Voluntary
Acknowledgment through INRHODES FORMS. If no previous
docket number exists, obtain a Family Court docket
number and a hearing date;
o Obtain the putative father's signature on the petition.
If the natural mother is present, obtain her signature
as well;
o Notify the FIP eligibility technician of the completed
action via electronic mail. The FIP eligibility
technician assigned to the case may be determined by
entering the man's social security number in the IV-A
CASE-D function of INRHODES. Give a copy of the
completed and executed Petition for Voluntary
Acknowledgment to the putative father and also forward
a copy to the eligibility technician in the appropriate
public assistance office. This will enable the
putative custodial father to obtain FIP immediately;
o File the Petition for Voluntary Acknowledgment with the
court. An expedited process will be utilized to obtain
a hearing date and service of summons;
o If both parties signed the petition, notify them, in
writing, of the court date;
o If only the putative father signed the petition, the
Technical Staff Assistant shall serve the natural
mother and presumed father, if appropriate, with a
Summons to Appear in court.
At the hearing:
o The putative father will acknowledge paternity on the
record. If the natural mother is present and does not
object, the court will adjudicate him to be the father
of the child and order that his name be added to the
birth certificate. An order will be prepared and
mailed or hand delivered at court to both parties. The
Division of Vital Records will be ordered to add the
father's name to the child's birth certificate. The
court may order the Division of Vital Records to change
the child's surname to that of the father as well;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0718 PATERNITY ESTABLISHMENT
o If at the hearing, the natural mother and presumed
father fail to appear after being duly served, the
court will enter an order adjudicating the petitioner
the father of the child. This order shall be sent by
regular mail to the natural mother and presumed father,
if appropriate;
o If on the hearing date, the Division of Taxation -
Child Support Enforcement Attorney indicates that after
due and diligent efforts, service could not be
perfected either on the natural mother or presumed
father, the court shall order alternative service of
notice, i.e., notice by publication, if applicable. A
continuance date will be requested affording sufficient
time for notice of the acknowledgment to be given to
the natural mother. On the continuance date, the
Division of Taxation - Child Support Enforcement
Attorney will present to the court what efforts have
been made to serve the respondent, and present copies
of the notice by publication. The petitioner will
acknowledge paternity on the record. The court will
then adjudicate the petitioner the father of the child
and order that the birth certificate be amended
accordingly. A copy of the order will be mailed to the
natural mother;
o At the hearing on the Petition for Voluntary
Acknowledgment, if the natural mother objects, blood
testing may be ordered. The case may then proceed as
previously outlined in a contested posture.
Note: If the natural mother and presumed father
object, the voluntary proceedings shall be terminated;
o Subsequent to the hearing, the Division of Taxation -
Child Support Enforcement Technical Staff Assistant
shall send a copy of the order to the IV-A eligibility
technician, and update INRHODES accordingly;
o If the petitioner fails to appear, the proceedings will
be terminated and notice will be given to the IV-A
eligibility technician of petitioner's failure to
cooperate.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
PATERNITY ESTABLISHMENT SECTION 0718
Non-Custodial Father Seeks Establishment 0718.40.10.10
REV:01/2002
When a non-custodial putative father requests paternity
establishment, the Division of Taxation - Child Support
Enforcement Technical Staff Assistant will follow the same
procedure as outlined under Custodial Putative Father Seeks
Establishment. However, if the natural mother is receiving FIP
or seeks support as a NA client, the non-custodial client will be
asked to enter his appearance pro se, and an order for support
and medical coverage will be entered.
The Division of Taxation - Child Support Enforcement Technical
Staff Assistant shall update the INRHODES system with pertinent
data and mail a copy of the order to the IV-A Eligibility
Technician.
Voluntary Acknowledgment Court Practice 0718.40.10.15
REV:07/1995
In any action commenced before the R.I. Family Court, the father
may acknowledge his paternity of the child with the clerk of the
Family Court. Each acknowledgment must be signed by the person
filing it, and it must contain:
o The name, social security number, date of birth and
address of the person filing the acknowledgment;
o The name and last-known address of the mother of the
child;
o The date of birth of the child, or, if the child is
unborn, the month and year in which the child is expected
to be born; and
o The name and address of the presumed father, if any.
The judge shall hold an informal hearing on the acknowledgment and
shall enter an order establishing the paternity of the child and an
order of support for the child, provided there are no objections
from the natural mother or presumed father filed with the family
court prior to the date of the informal hearing, and provided
further that a copy of the acknowledgment and a notice of the
informal hearing are duly served upon the mother and any presumed
father according to the R.I. Rules of Procedure for Domestic
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0718 PATERNITY ESTABLISHMENT
Relations.
The voluntary acknowledgment of paternity shall be recognized by
the R.I. Family Court as a basis for establishing a child support
order for the child without requiring any further proceedings to
establish paternity.
0718.40.10.20 Voluntary Acknowledgment - Hospital Program
REV:07/1995
Under R.I.G.L. 40-6-21.1, all public and private birthing
hospitals in this State are required to participate in a
hospital based paternity acknowledgment program. The title
"birthing hospital" means a hospital that has a licensed
obstetric care unit or is licensed to provide obstetric services,
or a licensed birthing center associated with a hospital. A
birthing center is a facility outside a hospital that provides
maternity services. This hospital based program must provide to
both the mother and the alleged father, if he is present in the
hospital:
o Written materials about paternity establishment,
including written descriptions of the rights and
responsibilities of acknowledging paternity;
o Forms needed to voluntarily acknowledge paternity;
o The opportunity to speak with staff, either by
telephone or in person, who are trained to clarify
information and answer questions about paternity
establishment.
This hospital based program must also ensure that due process
safeguards are met. The birthing hospital will be responsible
for forwarding completed acknowledgements or copies to the R.I.
Department of Health, Division of Vital Records. These voluntary
acknowledgements must be signed by both parents and the
signatures notarized or witnessed.
Voluntary acknowledgments made through a hospital based paternity
acknowledgement program are a basis for seeking a support order
without requiring any further proceedings to establish paternity.
The requirement for participation in the programs by hospitals is
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
PATERNITY ESTABLISHMENT SECTION 0718
in addition to the birth registration requirements under title
23, chapter 3 of the General Laws.
LIMITATION ON RECOVERY FROM THE FATHER 0718.45
REV:07/1994
The father's liabilities for past education, and necessary support
and maintenance, are limited to a period of six (6) years next
preceding the commencement of an action hereunder.
LIMITATIONS OF RECOVERY FROM FATHER'S ESTATE 0718.50
REV:07/1994
The obligation of the estate of the father for liabilities under
the Rhode Island General Laws (RIGL) Sections 15-8-1 to 15-8-26,
are limited to those amounts accrued prior to his death. However,
in order to hold the estate of the father liable under RIGL 15-8-1
and 15-8-26, an action hereunder must have been commenced during
the lifetime of the father.
STATUTE OF LIMITATIONS 0718.55
REV:07/1994
An action to determine the existence of the father and child
relationship as to a child who has no presumed father under the
Rhode Island General Laws, Section 15-8-3, may not be brought later
than four (4) years after the birth of the child, or later than
four (4) years after May 4, 1979, which ever is later. However, an
action brought by or on behalf of a child whose paternity has not
been determined is not barred until four (4) years after the child
reaches the age of majority.
JURISDICTION AND REMEDIES 0718.60
REV:07/1994
The Family Court has jurisdiction of an action commenced under
Rhode Island General Laws (RIGL) Sections 15-8-1 to 15-8-26, and
all remedies for the enforcement of orders for the expense of
pregnancy and confinement of the mother, and for education,
necessary support and maintenance, or funeral expenses for
legitimate children shall apply. The court has continuing
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0718 PATERNITY ESTABLISHMENT
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 Reciprocal
Enforcement of Support Act, and amendments thereto, are available
for enforcement of duties of support and maintenance under RIGL158-
1 to 15-8-26.
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 brought under RIGL Title 15, Chapter 8 with respect to a
child who may have been conceived by that act of intercourse.
Jurisdiction shall be acquired by service made in accordance with
RIGL 9-5-33, as amended.
0718.62 JURISDICTION OF R.I. COURTS
REV:07/1994
Every foreign corporation, every individual not a resident of this
state or his executor or administrator, and every partnership or
association, composed of any person or persons, not such residents,
that shall have the necessary minimum contacts with the state of
Rhode Island, shall be subject to the jurisdiction of the state of
Rhode Island, and the courts of this state shall hold such foreign
corporations and such nonresident individuals or their executors or
administrators, and such partnerships or associations amenable to
suit in Rhode Island in every case not contrary to the provisions
of the constitution or laws of the United States.
Service of process may be made on any such foreign corporation,
nonresident individual or his executor or administrator, and such
partnership or association within or without the state in the
manner provided by any applicable procedural rule or in the manner
prescribed by order of the court in which such action is brought.
Nothing herein shall limit or affect the right to serve process
upon such nonresident individual or his executor or administrator,
or such partnership or association, or a foreign corporation within
this state or without this state in any manner now or hereafter
permitted by law.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
PATERNITY ESTABLISHMENT SECTION 0718
CLEAR AND CONVINCING EVIDENCE 0718.64
REV:07/1995
In any action to establish paternity under Chapter 8 of Title 15 of
the Rhode Island General Laws (RIGL), other than an action brought
pursuant to RIGL Sections 15-8-2 or 15-8-3, the standard that must
be met by the plaintiff shall be that of clear and convincing
evidence.
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
such threshold probability shall constitute a prima facie case of
establishment of paternity and the burden of proof shall shift to
the party to rebut such proof by clear and convincing evidence.
TRIAL BY COURT 0718.66
REV:07/1994
A trial shall be heard by the court, unless trial by jury is
claimed by either party within 10 days after the filing of an
answer, in which event said trial shall be by jury.
VENUE 0718.68
REV:07/1994
The action may be brought in the county in which the child or the
alleged father resides or is found, or if the father is deceased,
in which proceedings for probate of his estate have been or could
be commenced.
TIME OF TRIAL 0718.70
REV:07/1994
If a paternity action is initiated before a child's birth, the
trial must not, without the consent of the putative father, be held
until after the birth or miscarriage.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0718 PATERNITY ESTABLISHMENT
0718.72 EVIDENCE RELATING TO PATERNITY
REV:07/1994
Evidence used in a paternity hearing may include:
o Evidence of sexual intercourse between the mother and
putative father at any possible time of conception. The
standard that must be met by the plaintiff must be that
of clear and convincing evidence;
o An expert's opinion concerning the statistical
probability of the putative father's paternity based upon
the duration of the mother's pregnancy;
o Medical or anthropological evidence relating to the
putative father's paternity of the child based on tests
performed by experts;
o All other evidence relevant to the issue of paternity of
the child.
0718.74 CIVIL ACTION
REV:07/1994
A paternity action is a civil action governed by the rules of civil
procedure. The mother of the child and the alleged father are
competent to testify and may be compelled to testify.
Upon refusal of any witness, including a party, to testify under
oath or produce evidence, the court may order him to testify under
oath and produce evidence concerning all relevant facts. If the
refusal is upon the ground that this, his testimony or evidence,
might tend to incriminate him, the court may grant him immunity
from all criminal liability on account of the testimony or evidence
he is required to produce. An order granting immunity bars
prosecution of the witness for any offenses shown in whole or in
part by testimony or evidence that he is required to produce,
except for perjury committed in his testimony. The refusal of a
witness, who has been granted immunity, to obey an order to testify
or produce evidence is a civil contempt of court.
Testimony of a physician concerning the medical circumstances of
the pregnancy and birth is not privileged. Testimony relating to
sexual access to the mother by an unidentified man at any time or
by an identified man at a time other than the probable time of
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
PATERNITY ESTABLISHMENT SECTION 0718
conception of the child is inadmissible, unless offered by the
mother.
Testimony offered by a putative father with respect to a man who is
not subject to the jurisdiction of the court concerning his sexual
intercourse with the mother, at or about the probable time of
conception of the child, is admissible as evidence only if he has
undergone and made available to the court blood tests, the results
of which do not exclude the possibility of his paternity of the
child. A man who is identified and is subject to the jurisdiction
of the court shall be made a defendant in the action.
HEARINGS AND RECORDS-CONFIDENTIALITY 0718.76
REV:07/1994
Not withstanding any other law concerning public hearings and
records, any hearing or trial shall be held in closed court without
admittance of any person other than those necessary to the action
of the proceeding. All papers and records, other than the final
judgement pertaining to the action or proceeding, whether part of
the permanent record of the court or elsewhere, are subject to
inspection only upon consent of the court and all interested
persons, or in exceptional cases only upon an order of the court
for good cause shown.
JUDGEMENTS 0718.78
REV:07/1994
The judgement or order of the court determining the existence or
nonexistence of the parent and child relationship is determinative
for all purposes.
If the judgement or order of the court is at variance with the
child's birth certificate, the court shall order that a new birth
certificate be issued in accordance with Rhode Island General Laws,
Section 15-8-23.
The judgement or order may contain any other provision directed
against the appropriate party to the proceeding, concerning the
duty of support, the custody and guardianship of the child,
visitation privileges with the child, or any other matter in the
best interest of the child. The judgement or order may direct the
father to pay the reasonable expenses of the mother's pregnancy and
confinement.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0718 PATERNITY ESTABLISHMENT
Support judgements or orders may be for periodic payments which may
vary in amount. In determining the amount to be paid by a parent
for support of the child and the period during which the duty of
support is owed, the court shall consider all relevant facts,
including:
o The needs of the child;
o The standard of living and circumstances of the parents;
o The relative financial means of the parents;
o The earning ability of the parents;
o The need and capacity of the child for education,
including higher education;
o The age of the child;
o The financial resources and the earning ability of the
child;
o The responsibility of the parents for the support of
others; and
o The value of services contributed by the custodial
parent.
0718.78.05 Default Judgements
REV:01/2002
An absent parent's delay or failure to respond to court action
initiated by Division of Taxation - Child Support Enforcement may
not, in certain circumstances, delay the paternity establishment
process. Under R.I.G.L. 15-8-18.1 and the R. I. Rules of
Procedure for Domestic Relations, R.I. Family Court shall enter
the defendant's default and a judgment by default in a paternity
action under R.I.G.L., chapter 15-8 upon the following
conditions:
o Failure to respond to the paternity complaint within
twenty (20) days upon proof presented that the
defendant has been duly served with the complaint;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
PATERNITY ESTABLISHMENT SECTION 0718
o Failure to appear at a scheduled hearing or trial after
being duly notified of said hearing or trial, upon
proof presented that the defendant has been duly served
with notice of the scheduled hearing or trial;
o Failure to appear or refusal to attend blood testing
upon proof presented that the defendant has been duly
notified of the date, time and place of the testing;
The court may set aside an entry of default and, if judgment by
default has been entered, may likewise set it aside in accordance
with the Rules of Procedure for Domestic Relations.
JUDGEMENTS-ENFORCEMENT 0718.80
REV:07/1994
If existence of the father and child relationship is declared, or
paternity or a duty of support has been acknowledged or adjudicated
under the Rhode Island General Laws Title 15 Chapter 8, or under
prior law, the obligation of the father may be enforcement in the
same or other proceedings by the mother, the child, the public
authority that has furnished or may furnish the reasonable expenses
of pregnancy, confinement, education, support, or funeral, or by
other persons, including a private agency, to the extent he has
furnished or is furnishing these expenses.
Willful failure to obey the judgement or order of the court is a
civil contempt of the court. All remedies for the enforcement of
judgements apply.
BOND TO SECURE PAYMENT OF JUDGEMENT 0718.82
REV:07/1994
The court at any time may require the alleged or adjudicated father
to give bond or other security for the payment of any judgement
which exists, or may exist in the future.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0718 PATERNITY ESTABLISHMENT
0718.84 FALSE DECLARATION OF IDENTITY
REV:07/1994
The making of a false complaint as to the identity of the father,
or the aiding or abetting therein, shall be punishable as for
perjury.
0718.86 APPEALS
REV:07/1994
An appeal in all cases may be taken by the defendant, the mother or
her personal representative, or the public welfare official from
any final order or judgement of the Family Court, upon an action
commenced, directly to the Supreme Court within 30 days after the
entry of said order of judgement. No appeal, however, shall
operate as a stay of execution unless the defendant shall give
security for the payment of any judgement and security to pay the
costs of such appeal.
0718.88 COSTS
REV:07/1994
If the court makes an order declaring paternity and for the
support, maintenance, and education of the child, court costs
including the costs of legal services of the attorney representing
the petitioner, expert witness fees, and all other costs shall be
taxed against the defendant.
0718.90 ACTION TO DECLARE MOTHER AND CHILD RELATION
REV:07/1994
Any interested party may bring an action to determine the existence
or nonexistence of a mother and child relationship. Insofar as
practicable, the provision of the Rhode Island General Laws Title
15 Chapter 8 applicable to the father and child relationship shall
apply.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SUPPORT ORDER ESTABLISHMENT SECTION 0720
ASSIGNMENT OF SUPPORT RIGHTS 0720.05
REV:12/2002
An applicant for or recipient of public assistance under Rhode
Island General Law, Title 40, Chapter 6, Public Assistance (RIGL
40-6-9) or under Title XIX of the Federal Social Security Act (42
U.S.C. 1396 et seq.), for and on behalf of himself or herself and
for and on behalf of a child or children, shall be deemed,
without the necessity of signing any document, to have made an
assignment of rights as described in Section 0704.15.
PAYMENT OF SUPPORT TO CUSTODIAL AGENCY 0720.10
REV:07/1994
Whenever the Department of Children, Youth and Families shall pay
for the support and maintenance of any child pursuant to the Rhode
Island General Laws, Sections 42-72-13 and 42-72-14, or whenever
such other department, agency, society, institution or person
having the charge, care or custody of such child shall pay for the
support and maintenance of such child, the parents of such child
are hereby declared to be severally liable for the support and
maintenance of said child, and shall be severally liable for the
reimbursement to the Department of Children, Youth and Families, or
such other department, agency, society, institution or person
having the charge, care, or custody of such child, for the support
and maintenance of such child.
In fixing the amount of support which the parents shall be ordered
to pay, the court shall take into account the following factors:
o All earnings, income and resources of the parent
including real and personal property;
o The earnings potential of the parent;
o The reasonable necessities of the parent;
o The needs of the child for whom support is sought;
o The reasonable expenditures of the custodial agency for
the support and maintenance of the child;
o The existence and needs of other dependents of the
parent;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0720 SUPPORT ORDER ESTABLISHMENT
o Any other factors which bear upon the needs of the child,
and the ability of the parent to provide financial
support for those needs.
0720.15 NAME CHILDREN RECEIVING PUBLIC ASSISTANCE
REV:07/1994
The party commencing an action seeking a divorce from the bond of
marriage or divorce from bed and board or an order pursuant to the
Rhode Island General Laws, Section 15-5-19, shall at the time the
proceeding is begun append to the petition a statement containing
the names of all children of the marriage and their ages and
stating whether any such children are at that time recipients of or
applicants for public assistance.
0720.20 DOA, TAXATION - CSE AS LEGAL REPRESENTATIVE
REV:12/2002
In any proceeding under Title 15 Chapter 9 of the General Laws of
Rhode Island, the Department of Administration, Division of
Taxation - Child Support Enforcement shall represent the
Department of Children, Youth and Families and the Department of
Human Services, and shall remit to the General Treasurer the net
collections, after deducting all reasonable costs and expenses of
any action or proceeding under Chapter 9.
0720.25 SEVERABILITY
REV:07/1994
If any provision of Rhode Island General Law, Title 15, Chapter 9
or the application thereof 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
Chapter 15-9 are severable.
If any provision of Rhode island General Law Title 15, Chapter 13
or the application thereof to any person or circumstances is held
invalid, such invalidity shall not affect other provisions or
applications of this chapter which can be given effect without the
invalid provisions or application, and to this end the provisions
of this act are declared to be severable.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SUPPORT ORDER ESTABLISHMENT SECTION 0720
CHILD SUPPORT 0720.30
REV:02/1997
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.
In a proceeding to establish paternity or support, the court may,
after opportunity for hearing, in its discretion, issue a
temporary order for child support payable to 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, the
defendant shall be entitled to a full refund of all or a portion
of the amounts so paid.
If, after calculating support based upon court established
formula, the court, in its discretion, finds such order would be
inequitable to the child or either parent, the court shall make
such findings of fact and may 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:
o The financial resources of the child;
o The financial resources of the custodial parent;
o The standard of living the child would have enjoyed,
had the marriage not been dissolved;
o The physical and emotional condition of the child and
his educational needs; and
o The financial resources and needs of the non-custodial
parent.
The court may, if in its discretion it deems 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.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0720 SUPPORT ORDER ESTABLISHMENT
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 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 such support and
the payment thereof, and may make any decree relative thereto
which it might have made in the original suit. Said decree may
be made retroactive in the court's discretion to the date that
the court finds that a substantial change in circumstances has
occurred, provided, however, that the court shall set forth in
its decision the specific findings of fact which show a
substantial change in circumstances, upon which findings of fact
the court has decided to make the decree retroactive.
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 such assignment,
the court or its master may order the obligor to execute and
deliver such documents of title as may be necessary to complete
the transfer of title to such property, and may order the obligor
to deliver possession of such property to the obligee. Whenever
the obligor fails to comply with the order assigning such
property, the order of assignment shall be regarded as a
judgement vesting title to such property in the obligor as fully
and completely as if the obligor had executed and delivered such
documents of title.
0720.35 RECONSIDERATION OF SUPPORT ORDERS
REV:07/1994
Every order heretofore or hereafter entered by the Family Court
providing for support of a child who at the time of entry of the
order was not a recipient of or applicant for public assistance
shall, in the event the child becomes the recipient of public
assistance, be reconsidered de novo upon the petition of a parent
or guardian of the child or the Department of Human Services.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SUPPORT ORDER ESTABLISHMENT SECTION 0720
Upon the filing of such petition, the court shall hold a hearing
for the purpose of determining the amount of support to which the
child is entitled from the appropriate parent. In fixing the
amount of support the court shall take into account the factors set
forth in Rhode Island General Law 15-13-2.
SET SUPPORT FOR PUBLIC ASSISTANCE CHILDREN 0720.40
REV:07/1994
If the statement appended to the petition indicates that any child
of the marriage is a recipient of or applicant for public
assistance, a hearing shall be held as promptly as possible to
determine the amount of support to which each such child is
entitled from the appropriate parent. The Department of Human
Services shall be given notice of the hearing and shall appear
thereat for the purpose of assisting the court in fixing the amount
of support. In the absence of the consent of the parties and
agreement of the Department of Human Services, the court shall not
enter an order providing support without conducting a hearing. In
fixing the amount of support which the parent shall be ordered to
pay, the court shall take into account the following factors:
o All earnings, income and resources of the parent
including real and personal property;
o The earnings potential of the parent;
o The reasonable necessities of the parent;
o The needs of the child for whom support is sought;
o The existence and needs of other dependents of the
parent;
o Any other factors which bear upon the needs of the child
and the ability of the parent to provide financial
support of those needs.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0720 SUPPORT ORDER ESTABLISHMENT
0720.45 ESTABLISHMENT STANDARDS
REV:01/2002
For all child support cases where an order for support has not
been established the Division of Taxation - Child Support
Enforcement will, within ninety (90) calendar days of locating an
absent parent or of establishing paternity:
o Establish an order for support; or
o Complete service of process necessary to commence
proceedings to establish an order; or
o Document unsuccessful attempts to serve process; and
o Review the support obligation periodically, or whenever
information is received which may affect the amount of
the support obligation.
If a court or administrative authority dismisses a petition for a
support order without prejudice, the Division of Taxation - Child
Support Enforcement will, at the time of dismissal, examine the
reasons for the dismissal and determine when it would be
appropriate to seek an order in the future, and seek an order at
that time.
0720.50 CHILD SUPPORT GUIDELINES
REV:07/1994
The amount of the child support obligation is determined by using
the child support guidelines formula adopted by the State. The
guidelines are used to determine the required monthly support
obligation and the amount of any support arrearage.
The child support guidelines formula takes into account all
earnings, income and resources of the absent parent, including real
and personal property, the earnings potential of the absent parent,
reasonable necessities of the absent parent, the ability of the
absent parent to borrow, the needs of the child(ren) for whom
support is sought, the amount of assistance which would be paid to
the child under the full standard of need of the State's IV-A plan,
the existence of other dependents, and other reasonable criteria
which the State may choose to incorporate. At a minimum, the
formula must ensure that the child for whom support is sought
benefits from the income and resources of the absent parent on an
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SUPPORT ORDER ESTABLISHMENT SECTION 0720
equitable basis in comparison with any other minor children of the
absent parent.
MEDICAL SUPPORT 0720.55
REV:01/2002
Any new or modified order for child support issued by the RI
Family Court shall contain a provision requiring either or both
parents owing a duty of support to the child to obtain or
maintain health insurance coverage for the child when such
coverage is available through their employment at no cost or at a
reasonable cost. If health insurance is not currently available
at a reasonable cost, either or both of the parents will be
ordered to enroll the child(ren) covered by the order when it
does become available at a reasonable cost.
Health insurance includes fee for service, health maintenance
organization, preferred provider organization and other types of
coverage under which medical services could be provided to the
dependent child(ren) of either or both parents.
Applicants for IV-D services will be provided with the same
establishment and enforcement techniques that are available to
cases with assigned support rights. The Division of Taxation -
Child Support Enforcement will inform any IV-D applicant of the
availability of medical support enforcement services. The
Division of Taxation - Child Support Enforcement must also
provide to any Medical Assistance Only (MAO) recipient the same
range of services provided to FIP cases unless the MAO recipient
informs the Division of Taxation - Child Support Enforcement in
writing that she/he does not wish any services beyond those the
Division of Taxation - Child Support Enforcement is required to
provide for medical support. The Division of Taxation - Child
Support Enforcement must provide these services to MAO recipients
who have assigned their rights to medical support without an
application or a fee.
Any information the Division of Taxation - Child Support
Enforcement obtains about health insurance coverage will be
provided to the custodial parent. In cases where the child(ren)
are receiving Medical Assistance, any information about health
insurance coverage will also be provided to the Medical
Assistance agency. This would include the policy name and
number, and the child(ren)'s name(s) and social security
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0720 SUPPORT ORDER ESTABLISHMENT
number(s).
0720.60 ESTABLISHING THE ORDER
REV:01/2002
The Division of Taxation - Child Support Enforcement will pursue
a support order either by first serving the Complaint for
Support, or filing a Motion for Support. The Division of
Taxation - Child Support Enforcement agent will:
o Request a Complaint for Support when there is no
domestic relations case found in the Domestic Alpha
Index, or there is no reciprocal case pending and
involving the same parties (Rhode Island Divorce
Filings);
o Request a Motion for Support when:
There is an existing domestic support order and
the custodial parent goes on FIP;
When there is an existing domestic case pending
and no support order has been entered; and
When there is an existing reciprocal case pending
and the custodial parent reopens his/her AFDC/FIP
case.
0720.60.05 Complaint for Support
REV:01/2002
When it has been determined that a support complaint is needed,
the support agent will generate the appropriate packet through
the FORMS function of the INRHODES system. In selecting this
packet, the agent will usually ask for a hearing date and
personal service by constable.
When the packet is printed, the action is automatically recorded
on CASE (TRAC)KING function. The clerical pool will receive the
packet and:
o Review the forms;
o Take the packet to the Division of Taxation - Child
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SUPPORT ORDER ESTABLISHMENT SECTION 0720
Support Enforcement Legal Unit for signature;
o Take the packet to Family Court to obtain the Family
Court seal;
o Record the request on the DAIL CONS panel;
o Give the packet to the Constable for service.
The constable has three weeks in which to obtain successful
service. At the end of that time, s/he will return the packet to
the Administrative Secretary regardless of whether successful
service was obtained. The secretary will record the service
results on the DAIL CONS panel.
The Absent Parent is Successfully Served 0720.60.10
REV:01/2002
When successful service is obtained, the clerical pool will:
o Send the original packet to the Family Court;
o File a copy of the packet in the Division of Taxation -
Child Support Enforcement case record;
o Prepare the case for the hearing by completing and
placing in the Division of Taxation - Child Support
Enforcement case record:
Draft order (1)
Attorney Worksheet (1)
Medical Form (1)
Guideline Worksheet (2)
CSS-1 (Domestic cases only) (1);
o Two (2) days before the hearing, the clerical pool will
send the case to the Family Court for the Division of
Taxation - Child Support Enforcement Attorney.
Note: in counties other than Providence, Clerk will
send the packet to the Family Court regardless of
whether the absent parent was successfully served.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0720 SUPPORT ORDER ESTABLISHMENT
0720.60.15 Absent Parent Cannot be Served
REV:07/1994
When the absent parent cannot be served, the Administrative
Secretary will return the packet to the agent. The agent will:
o Review the Constable Return Form to see what attempts
were made at service;
o Attempt to verify another address;
o When a new address is verified:
Update the appropriate APPD panel(s);
Repeat the process beginning with printing the
Complaint for Support packet;
o When a new address cannot be verified enter a B (Bad) in
the VERIFICATION field on the appropriate APPD panel
(ABSP or EMPL).
0720.60.20 Motion for Support
REV:01/2002
When it has been determined that a support motion is needed, the
support agent will generate the appropriate packet through the
FORMS function of the INRHODES system. In most cases the agent
will ask the system to provide a hearing date and assign a
constable for personal service.
When the packet is printed, the action is automatically recorded
on CASE (TRAC)KING function. The clerical pool will receive the
packet and:
o Review the forms;
o Take the packet to the Division of Taxation - Child
Support Enforcement Legal Unit for signature;
o Take the packet to Family Court to obtain the Family
Court seal;
o Record the request on the DAIL CONS panel;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SUPPORT ORDER ESTABLISHMENT SECTION 0720
o Give the packet to the Constable for service.
The Constable has three weeks in which to obtain successful
service. At the end of that time, (s)he will return the packet
to the Administrative Secretary regardless of whether successful
service was obtained. The secretary will record the service
results on the DAIL CONS panel.
ESTABLISHMENT HEARING 0720.65
REV:01/2002
The Division of Taxation - Child Support Enforcement attorney
will represent the custodial parent in a non-welfare case and the
State in a public assistance case. The attorney will:
o Complete the:
Guideline Worksheet
Draft Order
Medical Form
Attorney Worksheet (if there are any special
instructions to any Unit);
o Forward the case record to the clerical pool for the
entry of the order.
The clerical person will:
o Type the order;
o Obtain the attorney's signature;
o Enter the order on the INRHODES ORDR panel
o Send or hand-deliver copies of the order to the Family
Court, the absent parent and the custodial parent when
applicable;
o File a copy in the Division of Taxation - Child Support
Enforcement case record and return it to Master Files.
Once the order has been entered the case will automatically move
from the Establishment agent's DAIL to an Enforcement agent's
DAIL.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0720 SUPPORT ORDER ESTABLISHMENT
0720.70 COURT ORDERED INCOME WITHHOLDING
REV:07/1994
Effective November 1, 1990, immediate withholding is required for
all IV-D cases with new or modified orders on the effective date of
the order unless one of the parties demonstrates, and the court or
other administrative process finds good cause not to require the
withholding, or a written agreement is reached between both parties
which provides for an alternative arrangement.
The federal regulations provide that a finding of good cause by the
court must be based on, at a minimum:
i) A written determination and explanation of why
implementing immediate withholding would not be in the best
interests of the child;
ii) Proof of timely payment of previously ordered support in
cases involving the modification of support orders;
iii) Agreement by the absent parent to keep the IV-D agency
apprised of his or her current employer and information on any
employment related health insurance coverage to which the
absent parent has access. Once a finding of good cause is
made, the sate may not take steps to implement withholding
unless the court changes its determination of good cause.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
CHILD SUPPORT ENFORCEMENT STANDARDS 0722.05
REV:02/1997
The Division of Taxation - Child Support Enforcement will monitor
all IV-D cases for compliance with any support obligation. For
child support orders and medical support orders, the Division of
Taxation - Child Support Enforcement will identify, on the date
the absent parent fails to make payments in an amount equal to
the support payable for one-twelfth of the annual support
obligation, or on an earlier date in accordance with State law,
those cases in which there is a failure to comply with the
support obligation. The Division of Taxation - Child Support
Enforcement will take all appropriate enforcement actions to
enforce the order. These include, but are not limited to:
o Administrative Income Withholding;
o Contempt proceedings;
o Federal and State income tax refund intercepts;
o IRS Full Collection;
o Credit Bureau Reporting;
o Referral to the R.I. Attorney General's Office (see
felony penalties below);
o Notification to an obligor's new employer that an order
requiring wage withholding to collect support is in
effect; and
o Use of lien, levy, and foreclosure of lien actions.
For those obligors who are more than ninety (90) days in arrears,
o Revocation, suspension or the prevention of the
reissuance or renewal of the obligor's license to
operate a motor vehicle or register a motor vehicle,
certification, registration, permit, approval, or other
similar document to engage in a profession, occupation,
business, or industry.
For obligors whose arrears are in excess of five hundred dollars
($500),
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722
o Setoff of certain lottery winnings and proceeds of
insurance settlements to pay support arrears; and
o Prevention of the issuance, reissuance, or renewal of
the obligor's license to operate a motor vehicle and/or
the registration or renewal of registration of the
obligor's motor vehicle.
The Division of Taxation - Child Support Enforcement may also
take steps to recover from the absent parent any amounts s/he may
have received from a third party payor for the cost of health
services paid to the absent parent for the costs of these
services but which the absent parent did not use to reimburse
either the other parent or guardian of the child or the provider
of the services.
In addition to the enforcement actions described above, the
Division of Taxation - Child Support Enforcement may refer
delinquent child support payers to the R.I. Attorney General's
office for prosecution when it is determined that circumstances
are appropriate.
In any case involving non-support of a child pending before Rhode
Island Family Court or any other tribunal or agency of competent
jurisdiction, any person committing perjury or false swearing
shall be guilty of a felony and shall be imprisoned for a term
not to exceed twenty (20) years. (See Section 0722.15.)
0722.05.05 Initiating Enforcement Standards
REV:01/2002
The Division of Taxation - Child Support Enforcement agent
decides which enforcement actions to initiate based upon the
information known about the absent parent, and the criteria
required for the various enforcement remedies. In non-assistance
cases, the custodial parent may express a preference for one
remedy or another. When this happens, the agent will honor the
request to the extent possible.
When a case meets criteria for more than one enforcement remedy,
the agent will initiate all of them at the same time. For
example an agent may file a Motion to Adjudge in Contempt and to
Modify, and certify the case for tax intercepts at the same time.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
INITIATED WAGE WITHHOLDING 0722.08
REV:01/2002
In cases where immediate wage withholding would not apply because
the support order was issued before and not modified after
November 1, 1990, and in cases where a good cause finding has
been made by the court or a written agreement entered between the
parties, the wages of the absent parent shall become subject to
wage withholding on the date the absent parent becomes fourteen
(14) days delinquent in making support payments. Wage
withholding may also be initiated without regard to any amount of
arrears if the absent parent requests it.
If the custodial parent requests it, the Division of Taxation -
Child Support Enforcement may initiate wage withholding without
regard to whether any arrears exists. Division of Taxation -
Child Support Enforcement approval of the request will be based
on any one of the following factors:
o The absent parent is not meeting the terms of a written
agreement and the court removes its findings of good
cause; or
o The absent parent is habitually late in making his
child support payments, but there is no arrearage;or
o The absent parent is habitually late in making his
child support payments and as a result the custodial
parent has not received a pass-through payment; or
o The absent parent changes jobs and the new employer is
located; or
o There is an outstanding child support order and the
absent parent obtains a job; or
o The interstate agency is requesting wage withholding;
Also, an absent parent's wages, salary or other income may be
garnished when:
o S/he is required by court or administrative order to
provide for the coverage of the cost of health services
and has received payment from a third party for such
services but has not used the payments to reimburse the
other parent or guardian of the child or the provider
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
of the services. (NOTE: Claims for current and past due
support shall take priority over these claims.)
Advance Notice
The Division of Taxation - Child Support Enforcement will have an
advance notice of proposed income withholding served on the
absent parent. The advance notice includes the following
information:
o The amount to be withheld;
o That the withholding will apply to any current or
subsequent employers;
o The reasons and procedure for contesting the action;
o The procedure to be followed if the absent parent does
not respond to the notice.
It is not necessary to serve an absent parent with an advance
notice of proposed income withholding when a prior withholding
order has been ordered by the court.
0722.10 INITIATED ADMINISTRATIVE INCOME WITHHOLDING
REV:01/2002
Pursuant to federal regulations, the State must ensure that in
the case of each absent parent to whom a support order is or has
been issued or modified in the state, and is being enforced under
the State Plan, so much of his or her wages must be withheld to
comply with the order. In addition to the amount to be withheld
to pay the current month's obligations, the amount to be withheld
must include an amount to be applied toward liquidation of
overdue support.
Another basis for wage or income withholding is the failure of
the absent parent to use payments from a third party payer for
health services costs to reimburse the other parent, or guardian
of the child or the provider of the services, or the Department
of Human Services, provided the absent parent was under court or
administrative order to provide such coverage. (See Section
0722.08)
The state must take steps to implement the withholding and to
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
send the advance notice required on the earliest of:
(1) The date on which the parent fails to make payments in
full, within fourteen (14) days of the due date;
(2) The date the absent parent requests that withholding
begin;
(3) The date on which the custodial parent requests that
withholding begin in accordance with the standards and
procedures the State may establish. (A custodial
parent could request withholding if an absent parent is
not meeting the terms of the written agreement for an
alternative arrangement.)
(4) The date on which the Division of Taxation - Child
Support Enforcement becomes aware that third party
payments to an absent parent for the costs of health
services were not used for reimbursement to either the
other parent, or guardian of the child or the provider
of the services or the Department of Human Services.
Remedies Additional 0722.10.05
REV:07/1994
The income withholding remedy herein provided is in addition to,
and not in substitution for, any other remedy otherwise available
to enforcement support orders issued in this state or in another
jurisdiction. Relief under Rhode Island General Law, Title 15,
Chapter 16 shall not be denied, delayed or otherwise affected
because of the availability of other remedies, nor shall relief
under any other statute be delayed or denied because of the
availability of this remedy.
Income Withholding Agency 0722.10.10
REV:07/1994
The Rhode Island Department of Human Services is hereby designated
as the state income withholding agency and shall have all powers,
duties and responsibilities to establish and administer income
withholding in accordance with Rhode Island General Law, Title 15,
Chapter 16, and is further authorized and directed to promulgate
rules and regulations it deems necessary to implement the
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
provisions and purposes of Chapter 16, provided, however, that any
rule or regulation affecting the duties and responsibilities of the
Family Court shall be made with the concurrence of the chief judge
of the Family Court.
0722.10.15 Withholding as an Enforcement Remedy
REV:09/1995
The income withholding remedy herein provided is in addition to,
and not in substitution for, any other remedy otherwise available
to enforcing a support order or a medical child support order
issued in this state or in another jurisdiction. Relief under
Rhode Island General Laws, Title 15, Chapter 16 shall not be
denied, delayed or otherwise affected because of the availability
of other remedies, nor shall relief under any other statute be
delayed or denied because of the availability of this remedy.
0722.10.20 Withholding by Another Jurisdiction
REV:07/1994
On behalf of any client for whom the department is already
providing services, or on application of a resident of this state
who is an obligee or obligor of a support order issued by this
state, or of an agency to whom the obligee has assigned support
rights, the department shall promptly request the agency of another
jurisdiction in which the obligor of a support order derives income
to enter the order for the purpose of obtaining income withholding
against such income. The department shall compile and transmit
promptly to the agency of the other jurisdiction all documentation
required to enter a support order for this purpose. The department
also shall transmit immediately to the agency of the other
jurisdiction a certified copy of any subsequent modifications of
the support order.
0722.10.25 Severability of Provisions
REV:07/1994
If any provision of the Rhode Island General Laws, Title 15,
Chapter 16 or the application thereof, shall for any reason be
judged invalid, such a judgement shall not affect, impair, or
invalidate the remainder of the law, but shall be confined in its
effect to the provision or application directly involved in the
controversy giving rise to the judgement.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
Withholding Amounts 0722.10.30
REV:01/2002
The Division of Taxation - Child Support Enforcement will ensure
that in each court ordered case an amount must be withheld from
the absent parent's wages as is necessary to comply with the
order. Payments must include the current support payment and a
payment that is equal to ten percent (10%) of the current support
amount as payment on any past-due support.
Upon petition by an absent parent, the court in its discretion,
may reduce the amount required to be withheld in liquidation of
support arrearage to a nominal or token amount, if the court
finds that such additional withholding would work an undue
hardship on the absent parent.
In the event there are two (2) or more income withholding orders
against the same income of an obligor, the department will
allocate and distribute the amount remitted by the withholding
agent between or among the separate income withholding orders
giving priority to current support obligations as follows:
1) Each obligee shall be allocated an amount in the
proportion that each obligee's current support order
under income withholding bears relative to the total of
all amounts for current support under income
withholding orders for that obligor;
2) Any remaining withheld income shall be allocated to
each obligee in an amount proportional to which each
obligee's arrearage order under income withholding
bears relative to the total of all amounts ordered to
be paid on arrearages under income withholding orders.
Regardless of the amount of the order or orders, and amounts
payable on arrears, the total amount withheld under income
withholding provisions cannot exceed the maximum amount permitted
under section 303(b) of the Consumer Credit Protection Act (15
U.S.C. 1673(b)). The Act limits the withholding to fifty percent
(50%) of disposable income if the earner is supporting another
dependent and sixty percent (60%) for an earner with no
dependents. The percentages increase to fifty-five percent (55%)
and sixty-five percent (65%) if the amount in arrears has been
delinquent for twelve (12) or more weeks.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
0722.10.35 Advance Notice
REV:01/2002
The Division of Taxation - Child Support Enforcement agent will
have an Advance Notice of Proposed Income Withholding served on
the absent parent. The advance notice, which will be sent to the
absent parent within fifteen (15) calendar days of the dates
designated in Section 0722.10, includes the following
information:
o The amount of overdue support or medical child support;
o The amount to be withheld;
o That the withholding will apply to any current or
subsequent employers;
o The reasons and procedure for contesting the action;
o The deadline for contesting the action;
o The procedures followed if the action is contested;
o The procedures followed if the absent parent does not
respond to the notice.
It is not necessary to serve an absent parent with an Advance
Notice of Proposed Income Withholding when an immediate income
withholding order was entered after October 1, 1990. In these
situations the agent may simply prepare a new DR-29 (see Section
0722.10.50, Employment Changes).
0722.10.35.05 Serving the Advance Notice
REV:07/1994
The agent will print the Advance Notice of Proposed Income
Withholding via the INRHODES FORMS function. This advance notice
packet will usually be delivered to the absent parent by personal
service although it may also be sent by certified mail. In either
case, it may be delivered to the absent parent's residence or place
of employment.
The absent parent may contest the income withholding by filing or
mailing a written statement within ten (10) days of the receipt of
the advance notice. This written statement shall specify the
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
mistake or mistakes of fact claimed. See section 0722.10.55 for
description of mistakes of facts.
Employer Notice 0722.10.40
REV:01/2002
Within fifteen (15) calendar days following the deadline
specified in the Advance Notice of Proposed Income Withholding,
and for which a hearing has not been requested, the Division of
Taxation - Child Support Enforcement agent will send notice to
the absent parent's employer. This notice is the Administrative
Order to Withhold Income and it may be generated from the FORM
function of the INRHODES system.
The notice to the employer includes:
o The amount to be withheld;
o Information regarding the Consumer Credit Protection
Act (15 U.S.C. 1673(b)) (See Section 0722.10.30).
The notice instructs the employer to begin withholding no later
than the first pay period that occurs after fourteen (14)) days
following the date the notice was sent, and that the payment must
be sent within ten (10) days of the date the absent parent is
paid unless payments are directed to another individual or
entity. The notices explain that:
o A two dollar ($2) fee for administrative costs may be
deducted from the absent parent's remaining income for
each payment sent;
o The withholding has priority over any other legal
process;
o Withholding amounts from multiple absent parents' wages
may be combined and sent as a single payment, as long
as the payments are to be sent to the same entity and
that each single payment is attributable to the correct
absent parent;
o The income withholding is binding until further notice;
o The employer is subject to fines for discharging,
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
refusing to employ, or taking disciplinary action
against anyone subject to a child support withholding;
o The employer is liable for the total of any support
money which should have been withheld if the employer
fails to withhold as instructed;
o The employer must notify the Division of Taxation -
Child Support Enforcement when an absent parent
terminates his/her employment, and provide the Division
of Taxation - Child Support Enforcement with the absent
parent's new address and/or employer if known.
0722.10.40.05 Sending the Employer Notice
REV:01/2002
If an obligor (person owing a duty of support) fails to timely
file his or her statement contesting income withholding, or the
obligor's statement fails to specify a mistake of fact defense
against the withholding, such income withholding shall become
effective without the necessity for a hearing before a Master of
the family court, and Division of Taxation - Child Support
Enforcement shall issue an income withholding order to the
withholding agent with notice of such order to the obligor.
In addition to the amount to be withheld to comply with such
order for current support, the order to withhold must include an
amount equal to ten percent (10%)of the current support order,
which such amount shall be applied to the liquidation of support
arrearages, provided that such additional withholding to satisfy
arrearages when added to the amounts withheld to pay current
support and to provide for the withholding agent's fee may not
exceed the limit permitted under Section 303(b) of the Consumer
Credit Protection Act (15 U.S.C. 1673 (b).
The Division of Taxation - Child Support Enforcement shall
maintain a central registry of all income withholding orders so
issued, and it shall enter such orders on the INRHODES system.
The withholding orders to the withholding agent will be sent by
certified mail although they may be delivered by personal service
as well.
In cases of initiated withholding, if the absent parent fails to
contact the State to contest withholding within the period
specified in the advance notice (ten (10) calendar days), the
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
notice to the withholding agent must be sent within fifteen (15)
calendar days of the end of the date of the contact period if the
employer's address is known on that date, or, if the address is
unknown on that date, within fifteen (15) calendar days of
locating the employer's address.
In cases of immediate withholding the notice to the withholding
agent must be sent within fifteen (15) calendar days of the date
the order was entered if the employers address is known on that
date or, if the address is unknown on that date, within fifteen
(15) calendar days of locating the employers address.
Employer Fails to Submit Payment 0722.10.45
REV:07/1994
When an employer fails to submit payments as requested, the agent
will call the employer to find out why the payment was not sent in.
If an employer fails to withhold the payment for a valid reason,
the agent may initiate a contempt action. However, no agent will
initiate contempt action against a withholding agent without
express legal approval.
Employment Changes 0722.10.50
REV:01/2002
The Division of Taxation - Child Support Enforcement agent will
monitor payments and act upon new information when received.
When an agent discovers that withholding payments have ended
because the absent parent is no longer employed, steps should be
taken to find if there is a new employer. These include:
o Contacting the former employer to see if there is any
information about a new employer;
o Contacting Department of Labor and Training to see if
the absent parent has applied for unemployment or
temporary disability benefits;
o Contacting the custodial parent to see if s/he has any
information about the absent parent's current
employment.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
0722.10.50.05 Processing the Employment Change
REV:02/1997
When new employment has been verified, the Division of Taxation -
Child Support Enforcement will send notice to the new employer
informing of the existing support order and the requirement that
the new employer withhold the court-ordered amount for support
and remit such amount to the Registry of the Rhode Island Family
Court. This notice may either be sent by certified mail, return
receipt requested, or by personal service.
After receiving verification that the employer has received the
notice, the agent will enter the appropriate fields on the
INRHODES system in the APPD function, EMPL panel. This will not
only provide information about the employer, but will also ensure
that a monthly bill will not be sent to the absent parent.
Instead, the employer will receive the monthly transmittal form
which is to accompany the payments which are sent to Family
Court.
Within ten (10) days of the termination of the obligor parent
employee, the employer shall notify the Division of Taxation -
Child Support Enforcement of the termination of the employee and
the date of the termination.
0722.10.55 Contesting the Income Withholding
REV:01/2002
An absent parent may contest the proposed withholding but only on
the basis of a mistake of fact. Mistakes of fact are limited to:
o An error in the amount of current support;
o Mistaken identity;
o An error in the amount of income to be withheld in
payment of current support;
o The amount to be withheld exceeds the maximum amount
permitted under section 303(b) of the Consumer Credit
Protection Act (15 U.S.C. 1673(b)) (See Section
0722.10.30).
An absent parent may contest an income withholding by filing or
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
mailing a written statement to the Division of Taxation - Child
Support Enforcement within ten (10) days of receiving the advance
notice. The absent parent's request must specify the mistake(s)
of fact claimed.
Absent Parent Protest Is Received 0722.10.55.05
REV:01/2002
Upon receipt of the obligor's statement contesting income
withholding, the Division of Taxation - Child Support Enforcement
shall promptly file an application for income withholding with
the Clerk of the Family Court. Such application shall be by
motion and shall contain such information as shall be required by
Family Court. Upon filing of the application, the clerk shall
assign the motion for hearing before a Master of the Family Court
within fourteen (14) days of such filing.
Usually, the obligor will receive the motion through personal
service. This motion can be generated off the INRHODES system
via the FORM function under CONTESTED INCOME WITHHOLDING.
The Division of Taxation - Child Support Enforcement shall file,
and the clerk shall enter, an income withholding order: (a) in
accordance with the decision of the Master after hearing on the
motion, or (b) upon proof of service and the failure of the
obligor to appear and defend on the date assigned for hearing.
Termination of an Income Withholding 0722.10.60
REV:01/2002
An income withholding order will remain in full force and effect
until modified or revoked by the Family Court. Such order may be
modified or revoked by the court upon application and for good
cause shown, provided that the payment of overdue support may not
be the sole reason for terminating or not implementing an income
withholding. When appropriate, the Division of Taxation - Child
Support Enforcement will promptly request Family Court to
terminate a withholding order and refund to the obligor any
amount which may have been improperly withheld.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
0722.15 CONTEMPT PROCESSING
REV:01/2002
In a contempt action, the absent parent is brought to court to
show why the court order has not been obeyed. A contempt action
is all inclusive, and in the hearing the court may:
o Find the absent parent in willful contempt and sentence
him/her to prison until all or a part of the arrearage
is paid;
o Set an arrearage amount and enter an arrears order;
o Order an income withholding;
o Place a lien against the absent parent's personal or
real property;
o Require the absent parent to post a security or bond;
o Order any other action necessary to enforce the order.
In initiating any contempt action, Division of Taxation - Child
Support Enforcement agents are to follow office procedures for
this type of enforcement action. (These procedures include
documenting an address at which to serve the absent parent.)
Contempt is an appropriate enforcement action when:
o There is an arrears of at least one-twelfth of the
annual support obligation. In non-assistance (NA)
cases, the custodial parent must submit a notarized
arrears affidavit or an affidavit of direct payment.
Agents must reconcile the system's arrears with those
on the custodial parent's affidavit; or
o There is verification that the absent parent is not
obeying the terms of a medical support order.
Any time a contempt action is found to be appropriate, the agent
should review the case file to determine whether the absent
parent may have real or personal property against which a lien
may be placed. If there is, this information should be made
known to the Division of Taxation - Child Support Enforcement
legal staff before the court hearing.
In cases where the court has previously entered an arrears order,
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
agents must take care not to initiate contempt action if the
obligor is complying with the terms of an arrears order.
FELONY PENALTIES
* Every person who is obligated to pay child support pursuant
to an order or decree established by or registered with RI
Family Court pursuant to Chapter 11 of Title 15 of RIGL, who
has incurred arrearage of past due child support in the
amount of thirty thousand dollars ($30,000), and who shall
willfully thereafter, having the means to do so, fail to pay
one or more installments of child support in an amount
previously set by the court, according to the terms
previously set by the court, shall be guilty of a felony for
each instance of failure to make such subsequent payments
and upon conviction be punished by imprisonment for a period
not to exceed five (5) years; or
* Who have willfully for a period of three (3) years, failed
to pay any installments of child support in an amount
previously set by the court, according to the terms
previously set by the court, and who shall thereafter,
having the means to do so, fail to pay one or more
installments of child support in an amount previously set by
the court, according to the terms previously set by the
court, shall be guilty of a felony for each instance of
failure to make such subsequent payments and upon conviction
be punished by imprisonment for a period not to exceed five
(5) years.
In any pursuit of a felony conviction, the Division of Taxation -
Child Support Enforcement will develop case prosecution in
conjunction with the Department of the Attorney General.
Requesting a Contempt Action 0722.15.05
REV:01/2002
To initiate a contempt action, the agent will review INRHODES to:
o Query APPD ABSP panel to ensure that the absent
parent's address status (ADDR STATUS) is recorded as
verified (V);
o Query APPD CLNT panel to ensure that the custodial
parent's address status (ADDR STATUS) is recorded as
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
verified (V);
o Query ORDR SUPP panel to ensure that an order for
support has been put up.
The agent will print the appropriate contempt packet from
INRHODES, FORM function. The clerical pool will pick up the
packet and:
o Review the forms for accuracy;
o Take the packet to the Division of Taxation - Child
Support Enforcement Legal Unit for signature;
o Give the packet to the Constable for service.
The Constable has three (3) weeks in which to obtain successful
service. At the end of that time, s)he will return the packet to
the Administrative Secretary regardless of whether successful
service was obtained. The secretary will record the service
results on the CONSTABLE DAIL panel.
When the absent parent is successfully served, the clerical pool
will:
o File the packet in the case record; and
o Place the case record in the court tickler file by
court date;
o Prepare the case for court two (2) days before the
hearing by:
Inserting the Court Form and copies of appropriate
panels; and
Taking the case record to court.
When the absent parent cannot be served, the Administrative
Secretary will return the case, with the service return form, to
the Division of Taxation - Child Support Enforcement agent for
location.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
Effecting Court Ordered Income Withholding 0722.15.10
REV:01/2002
When the court orders an income withholding in a contempt
hearing, the absent parent is given advance notice by way of the
pleading or otherwise. After the hearing, the absent parent and
Division of Taxation - Child Support Enforcement Technical Staff
Assistant will meet to complete the DR-29. Once the DR-29 is
completed, the Technical Staff Assistant will:
o Obtain the Judge's/Master's signature;
o Give a copy of the DR-29 to the absent parent;
o Leave the original DR-29 with the Family Court;
o Forward a copy to the clerical pool.
The clerical pool will:
o Send the DR-29 to the employer by certified mail.
Upon receiving verification that the employer has received the
order to withhold, (i.e., the "green card" is returned by the
post office), the agents will then enter verification of the
service on the APPD/EMPL panel. Also, tracking entries should be
made to show the date the DR-29 was sent and the date it was
received by the employer. The return receipt should then be
stapled to the inside case file cover.
Employer Fails to Submit Payment 0722.15.10.05
REV:07/1994
If the employer fails to submit a payment, the agent will call the
employer to find out why the payment was not sent. If the employer
failed to withhold and/or send in the payment without a valid
reason, the agent will contact the legal unit to decide what the
next course of action should be. In no event will an agent
initiate contempt action against an employer without first
obtaining legal approval.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
0722.15.10.10 Employment Changes
REV:01/2002
After the Division of Taxation - Child Support Enforcement learns
that an absent parent is no longer employed at her/his last place
of employment, the case shall be reviewed to determine whether a
change in income withholding should be made. The agent will:
o Review Department of Labor and Training (DLT) records
to determine whether the absent parent has filed for,
or is collecting either Unemployment (UCB) benefits or
Temporary Disability (TDI);
o Review Workers' Compensation Board data;
o Contact the absent parent's last employer to try to
determine the new place of employment.
After locating an absent parent's new place of employment or
determining that the obligor is collecting either UCB or TDI,
the Division of Taxation - Child Support Enforcement will notify
the new employer or DLT as described in procedures set forth in
Section 0722.10.50.05.
The obligor parent is responsible for promptly notifying a new
employer of his/her child support and/or medical support
order(s). The obligor must also promptly notify the Division of
Taxation - Child Support Enforcement of his/her change in
employment so that the Division of Taxation - Child Support
Enforcement can transfer the assignment, garnishment, or order
for child support and/or health insurance to the subsequent
employer.
Pursuant to RIGL 15-20-3, failure of an obligor parent to make
either of these notifications shall be a misdemeanor and shall be
punishable by imprisonment for a term not exceeding one (1) year,
or by a fine of not more than one thousand dollars ($1000), or
both.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
Termination of an Income Withholding 0722.15.10.15
REV:01/2002
An income withholding order will remain in full force and effect
until modified or revoked by the Family Court. Such order may be
modified or revoked by the court upon application and for good
cause shown, provided that the payment of overdue support may not
be the sole reason for terminating or not implementing an income
withholding. The Division of Taxation - Child Support
Enforcement will promptly terminate a withholding and promptly
refund any money erroneously collected from the absent parent.
Administrative Liens 0722.15.15
REV:02/1997
Pursuant to RIGL 15-21-2, any child support order which is
enforceable by the Division of Taxation - Child Support
Enforcement in accordance with Title IV-D of the Social Security
Act 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 order is for ongoing support or is an arrears order.
Notice of Intent to Lien 0722.15.15.05
REV:02/1997
If the property subject to the lien is real property or personal
property, the title to which is maintained as a public record,
the agency may record a copy of the notice of intent to lien with
the office of the recorder of deeds, the registry of motor
vehicles, or other place where the title to the property is
recorded. Any person taking title to such property subsequent to
such recording does so subject to the interest of the agency as
it may be determined. Said notice of intent shall be recorded no
more than ten (10) days prior to the mailing of the notice of
intent to the obligor.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
0722.15.15.10 Notice of Intent to Lien to Obligor
REV:02/1997
The Division of Taxation - Child Support Enforcement shall send a
written notice of intent to lien to the obligor if his address is
known to the Division of Taxation - Child Support Enforcement.
This notice, sent by first class mail, will specify:
o The amount unpaid as of the date of the notice or other
specific date;
o The obligor's right to request a hearing by filing a
written request with the Division of Taxation - Child
Support Enforcement within thirty (30) days of the date
of the notice. If a hearing is requested in a timely
manner, all lien enforcement action will cease until a
hearing decision is rendered.
o Identification of the property, real or personal, which
is subject to the lien.
If the property subject to the lien is a matter of public record,
the Division of Taxation - Child Support Enforcement may record a
copy of the notice of intent to lien in the appropriate public
record. This notice of intent to lien must be recorded no more
than ten (10) days prior to the mailing of the notice to the
obligor.
0722.15.15.15 Notice of Intent to Lien to Non-Obligor
REV:02/1997
If a lien is to be placed on property jointly held with a
non-obligor, the non-obligor must be sent notice of the Division
of Taxation - Child Support Enforcement's intent to lien. This
notice will also inform the non-obligor of the right to an
administrative hearing with the Division of Taxation - Child
Support Enforcement to contest the scope of the property
interests of the lien and/or the right to a judicial review in
the RI Family Court.
Service of this notice may be made by first class mail or as
specified in the Rhode Island Rules of Procedure for Domestic
Relations for Family Court.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
Perfecting of Administrative Liens 0722.15.15.20
REV:02/1997
Real Property
To perfect (record) the lien, a notice of intent to lien is sent
to the recorder of deeds for the city or town where the property
is located. This notice of intent to lien must be sent no more
than ten (10) days prior to the notice of intent to lien that is
sent to the obligor.
If the obligor against whom the notice of intent to lien was
filed:
* Fails to request a hearing within the allotted time
allowed; or
* Fails to appear for a requested hearing; or
* Neglects or refuses to pay the sum due after the
expiration of thirty (30) days after a hearing is
conducted in which it has been determined that arrears
exist;
the notice of intent as filed shall be deemed and operate as a
lien which is perfected by the Division of Taxation - Child
Support Enforcement by the filing of a notice of lien. The
notice of lien shall specify the property to be attached and the
amount of arrearage due and shall be filed with the office of the
recorder of deeds of the city or town where the notice of intent
was originally filed.
The lien shall have priority over all subsequent liens or other
encumbrances, subject to the provisions of RIGL 6A-9-312 and with
the exception of any lien for taxes. A child support lien shall
encumber after-acquired personal property or proceeds.
The lien shall expire upon either the termination of a current
child support obligation and the payment in full of unpaid child
support or release of lien by the Division of Taxation - Child
Support Enforcement.
A full or partial release of the lien shall be filed within ten
(10) days of the obligor's compliance with the demands of the
lien. This shall be done without fee to the Division of Taxation
- Child Support Enforcement.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
Personal Property
To perfect a lien on personal property, a notice of intent to
lien is sent to 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. There will be
no fee charged to the Division of Taxation - Child Support
Enforcement for either the filing or the release of such liens.
This notice of intent to lien must be sent no more than ten (10)
days prior to the notice of intent to lien that is sent to the
obligor.
If the obligor against whom the intent to lien was filed:
* Fails to request a hearing within the allotted time
allowed; or
* Fails to appear for a requested hearing; or
* Neglects or refuses to pay the sum due after the
expiration of thirty (30) days after a hearing is
conducted in which it has been determined that arrears
exist;
the notice of intent as filed shall be deemed and operate as a
lien which is perfected by the Division of Taxation - Child
Support Enforcement by the filing of a notice of lien. The
notice of lien shall specify the property to be attached and the
amount of arrearage due and shall be filed in the office or
agency where the notice of intent was originally filed.
The lien shall have priority over all subsequent liens or other
encumbrances, subject to the provisions of RIGL 6A-9-312 and with
the exception of any lien for taxes. A child support lien shall
encumber after-acquired personal property or proceeds.
The lien shall expire upon either the termination of a current
child support obligation and the payment in full of unpaid child
support or release of lien by the Division of Taxation - Child
Support Enforcement.
A full or partial release of the lien shall be filed within ten
(10) days of the obligor's compliance with the demands of the
lien. This shall be done without fee to the Division of Taxation
- Child Support Enforcement.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
Levy of Personal Property 0722.15.17
REV:02/1997
When an administrative lien has been perfected (recorded), the
Division of Taxation - Child Support Enforcement may collect
unpaid child support by placing a levy on the property against
which a lien has been placed. This means that the Division of
Taxation - Child Support Enforcement may seize and sell any
property that is subject to levy in order to satisfy unpaid child
support.
A levy placed on a life insurance or endowment contract is a
demand for payment toward the total amount of the lien. Such
organization shall pay any available proceeds from the insurance
or endowment contract to the Division of Taxation - Child Support
Enforcement within ninety (90) days after service of notice of
the levy.
Whenever any property upon which levy has been made is not
sufficient to satisfy the claim for which levy is made, the
Division of Taxation - Child Support Enforcement may thereafter,
as often as necessary, proceed to levy, with notice, upon any
other personal property of the obligor liable to levy, until the
amount due from him, together with expenses, is fully paid.
However, any support obligation shall be fully satisfied prior to
payments for expenses.
Upon demand, a person who fails or refuses to surrender personal
property subject to levy shall be liable in his own person and
estate to the state in a sum equal to the value of the property
not surrendered but not exceeding the amount of the lien, along
with costs and interest, at the rate authorized for civil
judgements, from the date of the levy. In addition, any person
required to surrender property which has been levied who fails or
refuses to do so without reasonable cause shall be liable for a
penalty equal to twenty-five percent (25%) of the amount
recoverable. This interest or penalty shall not be credited
against the child support liability but will instead be paid into
the general fund. Any non-obligor party aggrieved by a decision
of the Division of Taxation - Child Support Enforcement, may,
within ten (10) days of the receipt of the notice of demand,
request an administrative hearing with the Division of Taxation -
Child Support Enforcement.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
0722.15.18 Lien Foreclosure - Real Property
REV:02/1997
If the obligor shall default in the payment of any child support
obligation, or if the Division of Taxation - Child Support
Enforcement has perfected a lien on real property as outlined in
Section 0722.15.15.20, then the Division of Taxation - Child
Support Enforcement may sell the real property of any defaulting
obligor at public auction after proper notification has been
made. Proper notification consists of the following:
o Written notice by certified mail, return receipt
requested, to the obligor's last known address. This
must be sent at least twenty (20) days prior to the
publication of any public notice.
o Public notice published at least once a week for three
(3) consecutive weeks in a newspaper published daily in
the city or town where the property is located. If
there is no public, daily newspaper published in the
city or town where the property is located, the public
notice will be published according to the mandates of
Rhode Island General Law 15-21-7.
o Written notice by certified mail, return receipt
requested, to any person or entity having an interest
of record in the real property. This must be sent no
later than thirty (30) days prior to the date
originally scheduled for the sale of the property.
o Written notice to other such parties as are designated
in Rhode Island General Law 15-21-7 and in accordance
with the notification requirements specified therein.
Any foreclosure sale held as outlined above, and the title
conveyed to any purchaser or purchasers pursuant to such sale,
shall be subject to any lien or encumbrance entitled to a
priority over the lien of the Division of Taxation - Child
Support Enforcement as outlined in Section 0722.15.15.20.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
Court-Ordered Liens 0722.15.19
REV:02/1997
When R.I. Family Court orders a lien placed on real or personal
property, a certified copy of any judgement or order containing
specific language relative to a restraining order or lien on real
estate may be recorded with the recorder of deeds in the city or
town where the property is located.
The certificate of the obligee, or his or her attorney duly
signed and notarized, or a certified copy of a judgement or order
of the Family Court which contains a provision that all
arrearages have been paid in full shall, when recorded, be a
discharge in full of said lien.
If any child support provided in a judgement or order has been
directed to be paid to the clerk of the court, or to any other
office designated by the court, pursuant to any other provision
of law, and such directive is set forth in the copy of the
docketed judgement or order, or in the docket or certified copy
of an amended or supplemental order, such certificate shall not
affect the lien unless also approved in writing by such clerk or
other designated officer.
A lien under this section shall not be dischargeable in
bankruptcy.
Filing of Court-Ordered Lien 0722.15.19.05
REV:02/1997
The Division of Taxation - Child Support Enforcement agent will
be notified when the court has ordered a lien placed against an
absent parent's property via LIEN DAIL. Agents should check
LIEN DAIL at least once a day. It is essential that these
court-ordered liens be recorded as soon as possible. When a lien
shows up on the worker's daily report, the following steps should
be taken:
o Contact the city or town hall where the property is
located to obtain the lot and plat number.
o Record this information in the appropriate fields in
the Lien on Real Estate panel of the ORDR function.
o Obtain a certified copy of the order placing the lien.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
o Submit a Request Payment Memo to the Business Office
for a check to cover the required fee.
o When the check is received from the Business Office,
attach it to the certified copy of the order. From
INRHODES, generate the cover letter to the city or town
hall and send it along with the order and the check by
registered mail.
o When proof of receipt of the registered letter is
received from the post office, the date the letter was
signed for should be recorded in the appropriate field
of the LIEN ON REAL ESTATE panel of the ORDR function.
0722.15.20 Medical Enforcement
REV:02/1997
The Division of Taxation - Child Support Enforcement may take
steps to enforce an order for medical coverage via a motion to
adjudge in contempt for failure to maintain medical coverage.
The agent will follow the same procedures as outlined under
contempt processing, and will print the Contempt packet from the
INRHODES FORM function.
The Division of Taxation - Child Support Enforcement may also
take steps to recover from the absent parent any amounts s/he may
have received from a third party payor for the cost of health
services paid to the absent parent for the costs of these
services but which the absent parent did not use to reimburse
either the other parent or guardian of the child or the provider
of the services.
Whenever the Division of Taxation - Child Support Enforcement on
its own information or on account of a claim by an obligee,
determines that an obligor parent has failed to comply with a
judgement or order for health insurance coverage issued pursuant
to RIGL 15-5-16.2, and such insurance is available to the obligor
through his employer, the Division of Taxation - Child Support
Enforcement shall send to the obligor's employer notice of the
judgment or order. The judgement or order shall operate to
enroll the minor child(ren) as fully and completely in a health
insurance plan as if the obligor had executed a document
authorizing the enrollment. Upon receipt of the notice of
judgement or the order from the Division of Taxation - Child
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
Support Enforcement, the employer or provider of health care
insurance shall, subject to the provisions of its contract and
consistent with the provisions of the support order, enroll the
child(ren) whether or not the employee has signed an enrollment
application. If the employer's benefit plan provides options as
to health care coverage, the employer shall choose the least
expensive option available to the employee.
Posting Security, Bond, or Guarantee 0722.15.25
REV:01/2002
The Division of Taxation - Child Support Enforcement uses
procedures which require absent parents to post security, bond,
or give some other guarantee to secure payment of overdue
support. The Division of Taxation - Child Support Enforcement
will provide advance notice to the absent parent regarding:
o The delinquency of the support payment;
o The requirement of posting security, bond or guarantee;
o His/her rights and methods available for contesting the
impending action.
The Division of Taxation - Child Support Enforcement will develop
guidelines which are generally available to the public to
determine whether the case is inappropriate for application of
this procedure.
Secure Payment of Overdue Support 0722.15.25.05
REV:09/1995
In a proceeding to enforce past due support, as defined herein, the
court or its master, after hearing and a finding of overdue
support, may require an obligor parent to give security, post a
bond, or give some other guarantee to secure payment of overdue
support; the security, bond, or guarantee to be in such amount, for
such term and upon such conditions as the court or master shall
deem necessary or advisable. The court may order that the
security, bond, or other guarantee be deposited into the registry
of the Family Court. The obligor parent shall be served with the
notice of any proceeding under this section and the notice shall
state the procedures to contest the action.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
For purposes of this section, "past due support" means the amount
of court or administratively ordered child support or maintenance,
medical child support or a spousal support for a custodial parent
having custody of a minor child, which is overdue or otherwise in
arrears, regardless of whether there is an outstanding judgment for
that amount, and whether the order for the support, medical child
support or maintenance has been established by a court or by an
administrative process authorized under the laws of any State for:
o Support and maintenance of a minor child, which is owed
to or on behalf of the child; or
o Support and maintenance of the obligor parent's spouse or
former spouse with whom the child is living;
o Medical Child Support
0722.20 FEDERAL AND STATE TAX REFUND OFFSETS
REV:01/2002
Federal and State income tax refunds which are due absent parents
may be intercepted, and the refunded amount applied (in AFDC/FIP
cases) to court ordered past-due child support or maintenance
(spousal support) obligations, owed for a child or a parent with
whom the child is living. In non-assistance (NA) cases, the
intercepted amount is applied to court ordered past-due child
support only. Any Federal or State tax refund which is
intercepted must be used to satisfy past-due amounts, and may not
be used to satisfy current obligations.
The Division of Taxation - Child Support Enforcement policies and
procedures are the same for both Federal tax refund intercepts
and State tax refund intercepts with the exception that State tax
refund intercepts must first be applied to current support before
being applied to past-due amounts. Also, for State tax refund
intercepts, the Department of Administration, Division of
Taxation - Child Support Enforcement submits the certification
file(s) to the RI Division of Taxation.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
Child Support-Income Tax Refund Offset 0722.20.05
REV:09/1995
The Department of Human Services is authorized and directed to
promulgate rules and regulations to implement the Federal and State
programs for offset and collection of past-due child support and
medical child support from income tax refunds, as authorized by
6305 (b) and 6402(c) of the Internal Revenue Code and implementing
regulations, and as authorized by the Rhode Island General Laws,
Title 44, Chapter 30.1. Such rules and regulations shall provide
the child support obligor with an opportunity for an administrative
hearing to contest the offset.
Purpose of Chapter 30.1 0722.20.10
REV:07/1994
The purpose of Rhode Island General Law, Title 44, Chapter 30.1 is
to establish a policy that the claimant agencies (Department of
Human Services, Rhode Island Child Support Services Agency, or the
Rhode Island Higher Education Assistance Authority (RIHEAA) or
RIHEAA acting as agent for student loan guarantee agencies in other
states) and the Division of Taxation shall cooperate in identifying
debtors who owe money to the State, through its various claimant
agencies, and who qualify for a refund from the Division of
Taxation. It is also the intent of this chapter that procedures be
established for setting off against such refund the sum of any debt
owed to the state. Furthermore, it is the legislative intent that
this chapter be liberally construed as to effectuate these
purposes, as far as legally and practically possible.
Collections of Debts by Setoff 0722.20.15
REV:07/1994
Within such a time frame established by the Division of Taxation,
the claimant agency shall supply the information necessary relative
to each debtor owing the State money, and further, shall certify
the amount of debt or debts owed to the State by each debtor. Upon
receiving notice from the claimant agency that a named debtor owes
past-due support, or has obligations owed, the Division of Taxation
shall determine whether any amount, as a refund of taxes paid, is
payable to such debtor (regardless of whether such debtor filed an
income tax return as a married or unmarried individual). If the
Division of Taxation determines that any such refund is payable,
the Division of Taxation shall set off the past-due support or the
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
obligation owed against the debtor's refund and shall reduce the
debtor's refund by the amount so determined. The Division of
Taxation shall transfer the amount of past-due support or
obligation owed setoff against the debtor's refund to the claimant
agency or in the case of out-of-state agencies, to RIHEAA as its
agent. The pendency of judicial proceedings to contest the setoff
shall not stay nor delay the setoff and transfer of refunds to the
claimant agency. If the amount of the debtor's refund exceeds the
amount of the past-due support or obligation owed, the Division of
Taxation shall refund the excess amount to the debtor. If in any
instance the same debtor has both past due support and obligations
owed and when the Division of Taxation has received notice from
both claimant agencies involved, the claim by the Rhode Island
Child Support Services Agency shall receive priority.
0722.20.20 Setoff and Notification of Debtor
REV:07/1994
The Division of Taxation shall prescribe the time or times at which
the claimant agency must submit notices of past-due support, the
manner in which such notices must be submitted, and the necessary
information that must be contained in or accompany the notices.
The Division of Taxation shall, from time to time, determine the
minimum amount of claim to which the setoff procedure may be
applied.
Prior to submitting information relating to a debtor for purposes
of setoff of the debtor's income tax refund, the claimant agency
shall provide written notice to each such debtor. The notice shall
set forth the name of the debtor, the amount of past-due support or
other obligation owed, the intention to setoff the amount owed or
other obligation owed, the intention to setoff the amount owed
against the refund, the debtor's right to an administrative hearing
to contest the setoff upon written request made within thirty (30)
days of the mailing of the notice to the debtor, the debtor's right
to judicial review of the administrative hearing decision, the
general nature of the potential defenses available to the debtor,
and, in general terms, the rights of non-obligated spouses with
respect to income tax refunds in the event a joint return is filed.
At the time of the transfer of funds to the claimant agency as
provided in Rhode Island General Law, Title 44, Chapter 30, Section
1.4 (RIGL 44-30-1.4), the Division of Taxation shall notify the
debtor whose refund is sought to be setoff that the transfer has
been made. Such notice shall set forth the name of the debtor, the
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
amount of past-due support being claimed, the transfer of funds to
the claimant agency, and the amount of the refund in excess of the
amount claimed, if any. In the case of a joint refund, the notice
shall also state the name of a taxpayer-spouse named in the return,
if any, against whom no past-due support or obligation owed is
claimed, the opportunity to request that the refund be divided
between the spouses by filing an amended income tax return in
conformance with RIGL 44-30-11, showing each spouse's share of the
tax and the contribution to the overpayment of tax resulting in the
refund.
Upon receipt of funds transferred from the Division of Taxation,
the claimant agency shall deposit and hold such funds in an escrow
account until final determination of setoff. Upon final
determination of the amount of the claim to be setoff by default
for failure to apply for a hearing, or by decision of the hearing
officer pursuant to RIGL 44-30.1-5, the claimant agency shall
remove the amount of the claim payment from the escrow account, and
shall credit such amount to the debtor's obligation. The pendency
of judicial proceedings pursuant to RIGL 42-35-15 to review the
administrative decision shall not stay nor delay the setoff,
transfer, and disbursement of the tax refund in question.
Confidentiality Exemption-Nondisclosure 0722.20.25
REV:07/1994
The Division of Taxation may provide to the claimant agency the
information necessary to accomplish and effectuate the intent of
Rhode Island General Law, Title 44, Chapter 30. The information
obtained by the claimant agency from the Division of Taxation in
accordance with the provision of this article shall retain its
confidentiality and shall only be used by the claimant agency in
pursuit of its past-due support or obligation owed collection
duties and practices, and any employee or prior employee of any
claimant agency who unlawfully discloses any such information for
any other purpose, except as specifically authorized by law, shall
be subject to the same penalties specified by RIGL 44-30-95(c)
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
0722.20.30 Severability of Provisions
REV:07/1994
If any provision of Rhode Island General Law, Title 44, Chapter
30.1, or the application thereof, shall for any reason be judged
invalid, such a judgement shall not affect, impair or invalidate
the remainder of the law, but shall be confined in its effect to
the provision or application directly involved in the controversy
giving rise to the judgement.
0722.20.35 Criteria for Submittal
REV:01/2002
Federal and State income tax refunds which are due absent parents
may be intercepted, and the refunded amount applied (in AFDC/FIP
cases) to court ordered past-due child support or maintenance
(spousal support) obligations, owed for a child or a parent with
whom the child is living. In non-assistance (NA) cases, the
intercepted amount is applied to court ordered past-due child
support only. Any Federal or State tax refund which is
intercepted must be used to satisfy past-due amounts, and may not
be used to satisfy current obligations.
The Division of Taxation - Child Support Enforcement policies and
procedures are the same for both Federal tax refund intercepts
and State tax refund intercepts with the exception that State tax
refund intercepts must first be applied to current support before
being applied to past-due amounts. Also, for State tax refund
intercepts, the Department of Administration, Division of
Taxation - Child Support Enforcement submits the certification
file(s) to the RI Division of Taxation.
0722.20.35.05 AFDC/FIP and Foster Care Cases
REV:01/2002
AFDC/FIP and Foster Care cases must meet the following
requirements to be eligible for offset:
o The support obligation will have been established under
a court or administrative order and will have been
assigned;
o The amount of past-due support will not be less than
one hundred fifty dollars ($150.00);
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
o The amount owed will have been delinquent for three (3)
months or longer;
o The delinquency is for support and maintenance of a
child, or of a child and the parent with whom the child
is living;
o The Division of Taxation - Child Support Enforcement
has verified the accuracy of the arrears, has a copy of
the order and any modifications and has a copy of the
payment record or an affidavit signed by the custodial
parent attesting to the amount of support owed;
o The Division of Taxation - Child Support Enforcement
has verified the accuracy of the absent parent's name
and social security number;
o In interstate cases, the request may only be made by
the Division of Taxation - Child Support Enforcement
when it is the initiating state.
Non-Assistance (NA) and MAO Cases 0722.20.35.10
REV:01/2002
Non-assistance (NA) and Medical Assistance only cases will meet
the following requirements to be eligible for offset:
o The support obligation will have been established under
a court or administrative order, and will not have been
assigned;
o The amount of past-due support will not be less than
five hundred dollars ($500.00);
o At the State's option, amounts certified in NA cases
may be limited to past-due support which accrued since
the Division of Taxation - Child Support Enforcement
began to enforce the support order;
o The support must be owed to or on behalf of a minor
child. Past-due support due adult handicapped children
may be collected through tax offset if there is a
support order in effect for the child and the child,
while a minor, was determined to be disabled under
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
Title II or Title XVI;
o Spousal support may be submitted if it is included with
an order for child support;
o The Division of Taxation - Child Support Enforcement
has verified the accuracy of the arrears, has a copy of
the order and any modifications, and has a copy of the
payment record or an affidavit signed by the custodial
parent attesting to the amount of support owed;
o The Division of Taxation - Child Support Enforcement
has checked its records to see if there are assigned
arrears;
o The Division of Taxation - Child Support Enforcement
has verified the accuracy of the absent parent's name
and social security number;
o The Division of Taxation - Child Support Enforcement
will have the custodial parent's last known address.
The Division of Taxation - Child Support Enforcement may certify
an interstate case only if Rhode Island is the initiating state.
0722.20.40 Notification of OCSE
REV:01/2002
The Division of Taxation - Child Support Enforcement is required
to submit a notification of liability for past-due support on
magnetic tape to the Federal OCSE by the submittal date specified
by OCSE. The notification will contain the absent parent's name
and social security number, the amount of past-due support being
certified, the State and local code, and whether the past-due
support is owed to a non-assistance (NA) custodial parent. The
notice may contain the IV-D case identification number and the
FIPS code of the IV-D agency where the case originated.
The Deputy Director of OCSE will review requests to determine
whether they meet requirements, and submit those that do meet the
requirements to the Secretary of the Treasury and notify the
Division of Taxation - Child Support Enforcement. The deputy
will attempt to correct requests that do not meet requirements in
consultation with the Division of Taxation - Child Support
Enforcement. However, those that cannot be corrected will be
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
returned to the Division of Taxation - Child Support Enforcement
with a written explanation regarding why they could not be
corrected.
June Test Tape 0722.20.40.05
REV:01/2002
In June of each year the Division of Taxation - Child Support
Enforcement will send a test tape to the OCSE which includes
cases that meet the minimum certification requirements. The OCSE
will forward the list to the IRS which will match the tape
against its list of taxpayers. The IRS will return two lists via
the OCSE. One list will show those cases matched against the IRS
files. The second list reports the "unaccountables" or those
names for which the IRS could not provide a match because of
conflicting information. The Supervisor of the Division of
Taxation - Child Support Enforcement will research the list of
unaccountables and try to correct the discrepancy prior to
September when the Pre-Offset Notices are sent.
Pre-Offset Notices 0722.20.45
REV:01/2002
On or about the second weekend of every month, the Department of
Administration, Division of Taxation, Child Support Enforcement
will send a one-time offset notice to any obligor at the time it
is determined that s/he meets the certification requirements for
Federal and State tax refund offsets. The system will send the
Pre-Offset Notice automatically unless the IRS OFFSET and STX
OFFSET flags have been set to Y (Yes) on the APPD CASE panel.
The Pre-Offset Notice is sent to the absent parent at the address
recorded on the APPD ABSP panel. It advises him/her of the
State's intent to intercept, and includes the following
information:
o The amount certified, which represents the arrearage
amount taken from the case (LEDG)ER panel as of 8/31.
The system will enter this amount as the CERT AMT
(Certification Amount) on the (COMM)ON CASE panel;
o The date by which the obligor may submit payment to
avoid being included for offset;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
o The obligor's right to contest the proposed action;
o Procedures and time frames for contacting the Division
of Taxation - Child Support Enforcement to contest the
action;
o The obligor's right to an administrative hearing by the
submitting state or the state where the order was
entered (if different);
o The local address and phone number to contact if (s)he
desires to contest the action or ask questions;
o The fact that the absent parent's arrearage amount may
be submitted to the credit bureau.
When a Pre-Offset Notice is returned as undeliverable, it will be
logged in and retained. However, this will not prevent the
absent parent's name from being included for offset.
Also, the Division of Taxation - Child Support Enforcement will:
o Send notices to non-FIP custodial parents with
AFDC/FIP, Medical Assistance only, or Foster Care
arrears advising him/her that amounts collected through
Federal tax refund offset will be applied first to
satisfy any past-due support which has been assigned to
the State;
o Send notices to any other State involved in enforcing
the order; and
o Notify OCSE, within the time frames established by
OCSE, of any case deletions or significant decreases in
the amount of past-due support submitted.
0722.20.50 Absent Parent Responds to Pre-Offset Notice
REV:07/1994
The absent parent may respond to the Pre-Offset Notice by:
o Asserting that the money is not owed;
o Asserting that the wrong amount was certified;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
o Paying off the arrearage;
o Requesting a hearing on the proposed interception.
Absent Parent Satisfies or Reduces Arrearage 0722.20.50.05
REV:07/1994
The Pre-Offset Notice advises the absent parent that (s)he can
avoid being intercepted by submitting a payment which satisfies or
reduces the arrearage balance to below the amount needed for
certification. The Agent must advise the absent parent that the
payment will be applied first to any unpaid current support and
then to the amount certified for intercept. Once distribution
takes place the adjusted balance will appear in the CERT BAL
(Certification Balance) field on the (COMM)ON CASE panel. The
system will look to this field to determine the final certification
amount or whether the case will be included in the final
certification tape.
Absent Parent Contests the Proposed Offset 0722.20.50.10
REV:01/2002
All written hearing requests from absent parents will be
distributed to the appropriate agent. The agent will review the
case to determine whether the case was correctly certified. A
case can be deleted for just cause, such as non-AFDC/FIP and all
children are over the age of eighteen (18), or the order was
ended with no arrears owed.
o When it is decided that a case should be deleted, the
agent will:
Set the IRS OFFSET and/or STX OFFSET flag(s) on
the APPD CASE panel to Y (Yes, suspend
certification);
Send the absent parent a Notice to Absent Parent
Advising of Intercept Removal;
o If an absent parent requests a hearing after the
expiration of the period for contesting the proposed
action, he/she must complete the Late Request for
Administrative Hearing form that may be generated off
the INRHODES system;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
o When it is decided that a hearing should proceed, an
Administrative Hearing will be scheduled. The system
will be flagged to stay offset until the hearing
decision is rendered and recorded.
0722.20.55 Administrative Hearing Scheduled
REV:01/2002
The Division of Taxation - Child Support Enforcement agent will
schedule Administrative Hearings via the APPD LEGL panel. (A
list of available Hearing Officers ID's, and available dates and
times will be provided by the Division of Taxation - Child
Support Enforcement Legal Unit.) Once the hearing is scheduled,
the agent will:
o Print the Notice of Administrative Hearing;
o Send the original to the absent parent; or
o His/her attorney;
o Send a copy of the Notice of Administrative Hearing
letter to the custodial parent, when the case is active
non-assistance (NA);
o Enter a message on (CONT)ACT if the letter is sent to
the absent parent's attorney, or the custodial parent.
Once the hearing date and time are recorded on APPD LEGL, a
message will appear on the Hearing Officer's DAIL. The agent
will be reminded of the hearing via his/her DAIL. The Division
of Taxation - Child Support Enforcement agent will:
o Prepare for the hearing by completing an arrearage
calculation going back to the original date of the
order, or the last date that the arrearage was set;
o Attend the hearing as the representative of the
Division of Taxation - Child Support Enforcement.
Any reschedulings will be handled by the Division of Taxation -
Child Support Enforcement Hearing Officer. S/he will record the
new date and time on the APPD LEGL panel. A message that the
hearing was rescheduled will appear on the appropriate agent's
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
DAIL. To learn the new time and date, the agent will query the
APPD LEGL panel.
The Administrative Hearing 0722.20.55.05
REV:07/1994
The Hearing Officer conducts the hearing by first swearing in all
parties. The RICSS agent will be asked to present:
o The order, including the date it was entered and any
modifications;
o The amount the absent parent should have paid;
o The system print out showing the absent parent's
payments;, and
o The arrears calculation.
The absent parent or his/her attorney will be allowed to present
counter evidence.
The Hearing Officer has 30 calendar days to render a decision.
(S)he will notify all parties by sending the appropriate letter by
regular mail:
o Tax Intercept Letter Re: Hearing Decision to Amend;
o Tax Intercept Letter Re: Hearing Decision to Delete;
o Tax Intercept Letter Re: Hearing Decision to Retain.
When the hearing decision letter is printed, a message will be
recorded on CASE (TRAC)KING. A hard copy of the hearing decision
will be filed in the case record.
Hearing Decision Results in Adjustment 0722.20.55.10
REV:01/2002
When the decision is to:
o Amend (once the Pre-Offset Letter has been sent the
certification amount can only be reduced) the
certification amount, the Division of Taxation - Child
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
Support Enforcement agent will send a copy of the
decision to the Division of Taxation - Child Support
Enforcement Business Office requesting that the CERT
BAL be adjusted accordingly;
o Delete the case, the agent will set the IRS OFFSET
and/or STX OFFSET flag(s) on the APPD CASE panel to Y
(Yes, suspend certification).
0722.20.60 Monthly Certification File
REV:01/2002
On or about the second weekend of every month, the Department of
Administration, Division of Taxation - Child Support Enforcement
will submit a certification file to the OCSE through the CONNECT:
DIRECT file transfer system which will forward the information to
the U.S. Department of the Treasury, Financial Management
Services. This file will include the names, social security
numbers and CERT BAL's (Certification balances) of all obligors
who met the criteria for certification that month and will update
the CERT BAL of those obligors who were previously certified.
0722.20.65 Notification to the Division of Taxation
REV:01/2002
The Division of Taxation - Child Support Enforcement will send a
letter, as appropriate, to the Deputy Administrator of the Division
of Taxation certifying to him/her that the Division of Taxation -
Child Support Enforcement has complied with State and Federal laws
and regulations regarding pre-offset procedures and notification to
obligors.
A letter will also be sent to the Rhode Island Office of Library
and Information Services (OLIS) apprising them of the location of
certification tapes in the OLIS library.
0722.20.70 Complaints Regarding Joint Returns
REV:01/2002
When the Division of Taxation - Child Support Enforcement agent
receives a complaint regarding joint returns prior to offset,
(s)he will inform the absent parent that the IRS and Division of
Taxation will notify his/her spouse at the time of offset
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
regarding the steps to take to secure the spouse's proper share
of the refund. Complaints regarding joint returns received at or
after offset will be handled by referring the spouse to the IRS
or the Division of Taxation.
Post Intercept Notices 0722.20.75
REV:07/1994
When the absent parent's refund is intercepted, the IRS and/or the
Division of Taxation will notify him/her that the offset has been
made. In joint returns, the IRS and/or Division of Taxation will
notify any individual who filed jointly with the absent parent of
the steps to take in order to secure his/her proper share of the
refund.
Distribution 0722.20.80
REV:01/2002
Collections received by the Division of Taxation - Child Support
Enforcement as a result of refund offsets are applied only to the
amount of past-due support which was specified in the advance
notice. The collections are distributed as outlined in Section
0728.35.
If the amount collected through offset exceeds the amount(s) in
the COMM CERT BAL field(s), the excess amount will be treated
as outlined in Section 0728.35.
When an offset is being made to satisfy NA past-due support and
the amount collected is the result of a joint return, the state
may delay distribution until notified that the unobligated
spouse's proper share of the refund has been paid, or for a
period not to exceed six (6) months from notification of offset,
whichever is earlier.
Fees 0722.20.85
REV:01/2002
A refund offset fee to reimburse the IRS for the full cost of the
offset procedure is deducted from the offset amount and credited
to the IRS appropriations which bore all or part of the costs
involved in making the collection. However, the full amount of
offset will be credited against the absent parent's payment
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
record. The fee which the Secretary of the Treasury may impose
with respect to non-assistance (NA) cases submitted cannot exceed
twenty-five dollars ($25) per submittal.
Each state involved in a referral of past-due support for offset
will comply with instruction issued by OCSE.
0722.25 UNEMPLOYMENT COMPENSATION INTERCEPTS
REV:07/1994
Unemployment compensation benefits received by an absent parent are
considered income and are subject to the same income withholding
laws, policies and procedures as any other income (s)he may receive
(See Sections 0722.10 and 0722.15).
0722.25.05 Legal Basis
REV:01/2002
The Division of Taxation - Child Support Enforcement, in
cooperative agreement with the State Employment Security Agency
(SESA), will:
o Determine periodically from information provided by the
Department of Labor and Training (DLT) whether
individuals applying for or receiving unemployment
compensation owe support obligations for child(ren) who
are, or have been, receiving IV-D services;
o Enforce unmet support obligations by arranging for the
withholding of unemployment compensation based on a
voluntary agreement with the individual who owes the
support, or in appropriate cases which meet income
withholding criteria. If a voluntary agreement is
obtained, the Division of Taxation - Child Support
Enforcement will provide the DLT with a copy of the
voluntary agreement;
o Establish and use written criteria for selecting cases
to pursue collections via the income withholding
process;
o Provide a receipt, at least annually, to an individual
who requests a receipt for the support paid via the
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
withholding of unemployment compensation, if receipts
are not provided through other means;
o Maintain direct contact with the DLT by:
Processing cases through the DLT in Rhode Island,
or through IV-D agencies in other states;
Receiving all amounts withheld by the DLT in Rhode
Island, and forwarding any amounts withheld on
behalf of IV-D agencies in other states to those
agencies.
Verifying Unemployment Benefits 0722.25.10
REV:01/2002
The Division of Taxation - Child Support Enforcement agent will
determine whether an absent parent is receiving unemployment
benefits by querying the INRHODES WAGE function using the absent
parent's social security number (See Section 0716) and/or sending
a Letter for Location - (DLT).
CREDIT BUREAU REPORTING 0722.30
REV:01/2002
The Division of Taxation - Child Support Enforcement makes
information regarding the amount of overdue support owed by an
absent parent available to consumer reporting agencies. An
absent parent will be given advance notice before his/her name is
submitted. The advance notice advises the absent parent of:
o The proposed release of the information to the consumer
report agency;
o The procedures for contesting the accuracy of the
information.
The Division of Taxation - Child Support Enforcement will comply
with all of the procedural due process requirements of State law
before releasing the information.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
0722.30.05 Credit Bureau Defined
REV:07/1994
A credit bureau is an entity 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 for the purpose of furnishing consumer reports to third
parties. A primary source of information in a consumer report is
the consumer's financial application which contains allegedly
verifiable residential, employment, financial and asset data.
Other sources of information include business establishments,
financial institutions, and public records.
0722.30.10 Credit Rating
REV:01/2002
Credit bureaus are hereby required to take into consideration a
non-custodial parent's child support obligations and his
delinquencies in this regard, and these delinquencies shall be
verified by either the court or by the Division of Taxation -
Child Support Enforcement.
0722.30.15 Report an Absent Parent Name
REV:07/1994
Each month INRHODES sends advance notices to absent parents:
o With a SSN and verified address recorded on ABSP;
o Who are under a court order for support;
o Who have not been notified previously.
Absent parents who have more than one court ordered case will
receive an advance notice for each case.
A monthly tape is submitted to the credit bureau with the names of
absent parents who received an advance notice and did not contest
the action. The tape provides the credit bureau with:
o The absent parent's name, SSN, and address;
o The amount of periodic support due each month;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
o The balance due; and
o The date and amount of the last payment.
IRS FULL COLLECTION 0722.35
REV:01/2002
The Division of Taxation - Child Support Enforcement may choose
that a case be certified to the Secretary of the Treasury for
collection under Section 6305 of the Internal Revenue Code of
1954. Under this procedure, after an absent parent is billed by
the IRS (and a sixty (60) day waiting period has elapsed),
notification of the delinquency is sent to a district IRS office
and the account is referred to a revenue officer. The officer
will attempt to contact the absent parent personally to verify
his/her financial condition and to arrange a payment agreement.
If the officer is unable to obtain an installment agreement, a
notification of intent to levy may be issued. The IRS has the
power to enforce collection against any income or assets of the
absent parent, except certain exempt property. Only the State
may request IRS Full Collection services on behalf of AFDC/FIP
and non-assistance (NA) applicants and recipients.
The Division of Taxation - Child Support Enforcement may decide
to initiate this type of action on a case by case basis and not
as a general policy. Before any case is referred, it must be
discussed with the unit supervisor and any decision reviewed by a
senior supervisor.
Criteria 0722.35.05
REV:01/2002
To refer a case for IRS Full Collection, it will meet the
following criteria:
o A court or administrative order for support is in
effect;
o The absent parent owes at least a seven hundred fifty
dollar ($750) arrearage;
o At least six (6) months will have elapsed since the
last request for IRS Full Collection was made;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
o The IV-D agency, the custodial parent, or the custodial
parent's representative will have made reasonable
efforts to collect the support through the State's own
collection mechanisms.
The Division of Taxation - Child Support Enforcement does not
have to repeat/duplicate efforts made by the custodial parent or
custodial parent's representative if it is determined that they
are comparable to the State's collection mechanisms.
0722.35.10 Information Required for IRS Full Collection
REV:01/2002
Division of Taxation - Child Support Enforcement agents will
submit requests to their unit supervisors containing the
following information:
o The absent parent's name, social security number, and
address;
o The absent parent's place of employment, including the
source of this information and the date it was last
verified;
o A copy of the court order(s);
o A statement of whether the amount is in lieu of, or in
addition to, amounts previously referred to the IRS for
collection;
o A statement that the agency, custodial parent or
custodial parent's representative has made reasonable
efforts to collect the amount owed using the State's
own collection mechanisms, or mechanisms that are
comparable;
o A description of the actions taken, why they failed,
and why further State action would be unproductive;
o The dates of any previous requests for referral of the
case for IRS Full Collection;
o A statement that the agency has reason to believe that
the debtor has assets that the Secretary of the
Treasury might levy to collect the support;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
o A statement of the nature and location of the assets,
if known.
Processing the Request 0722.35.15
REV:01/2002
Unit supervisors will:
o Log in each request;
o Have each request reviewed by a senior supervisor;
o Obtain the signature of the Division of Taxation -
Child Support Enforcement Administrator;
o Forward the request to the Area 1 OCSE office.
OCSE will review each request to determine whether it meets the
requirements outlined above. If a request meets all
requirements, OCSE will forward the request to the Secretary. If
a request does not meet all requirements, OCSE will attempt to
correct the request in consultation with the Division of Taxation
- Child Support Enforcement. If the request cannot be corrected
through consultation, OCSE will return it to the Division of
Taxation - Child Support Enforcement.
Updating Information 0722.35.20
REV:01/2002
Once a case has been referred, the Division of Taxation - Child
Support Enforcement will immediately notify the regional OCSE
representative of changes:
o In the amount due;
o In the type or location of the assets;
o In the address of the debtor.
OCSE will send the updated information to the Secretary or the
IRS.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
0722.40 PETITION FOR REGISTRATION
REV:01/2002
When the custodial parent and absent parent both reside in the
State of Rhode Island, and there is a foreign court order (an
order entered in a jurisdiction outside R.I.) for which arrears
are owed, the Division of Taxation - Child Support Enforcement
agent will register the foreign court order with the Family
Court. This is the only way to ensure that any pre-existing
arrears are recognized by the court. Once the order is
registered, it can be enforced the same as any other Rhode Island
order. To register the order the agent will:
o Prepare a Petition for Registration;
o Prepare three (3) copies of the Statement of Fact; and
o Obtain three (3) certified copies of the order.
o Obtain three (3) certified copies of an arrearage
affidavit, if the arrears are to be recovered; and
o Obtain three (3) copies of the Order of Confirmation,
which includes the weekly order and arrearage amount.
The agent will forward the case, with the appropriate
documentation, to the Division of Taxation - Child Support
Enforcement Legal Unit for review and signature of the Order of
Confirmation.
After being returned to the unit, it will then be transmitted to
Family Court by the unit secretary.
Family Court will then:
o Forward a certified letter to the absent parent
advising him/her that the order has been registered,
and s/he has twenty (20) days from date of receipt of
the certified letter to request the State to vacate the
petition for registration.
If, after twenty (20) days the absent parent fails to petition to
vacate the registration, the order is "confirmed". The
Judge/Master signs the Order of Confirmation, and copies are sent
to the absent parent and the Division of Taxation - Child Support
Enforcement.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
SPOUSAL SUPPORT ISSUES 0722.45
REV:01/2002
For IV-D purposes:
o "Spousal support" means a legally enforceable
obligation assessed against an individual for the
support of a spouse, or former spouse, who is living
with a child or children for whom the individual also
owes support;
o "Overdue support" means a delinquency pursuant to an
obligation determined under a court order, or an order
of an administrative process established under State
law, for support and maintenance of a minor child,
which is owed to or on behalf of the child, or the
absent parent's spouse (or former spouse) with whom the
child is living, but only if a support obligation has
been established with respect to the spouse and the
support obligation established with respect to the
child is being enforced under the State's IV-D plan;
o "Past-due support" means the amount of support
determined under a court order or an order of an
administrative process established under State law for
support and maintenance of a child, or of a child and
the parent with whom the child is living, which has not
been paid. For purposes of referral for Federal income
tax refund offset of support due an individual who has
applied for non-AFDC services "past-due support"
includes support owed to or on behalf of a minor child
and may include spousal support if such support is
included in the child support order.
The Division of Taxation - Child Support Enforcement may not
establish orders for spousal support, only enforce such orders.
Orders for spousal support may be enforced when the obligor is
under a child support order enforced under the State IV-D plan,
and the minor child for whom support is sought is living with the
individual who is owed spousal support.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
0722.50 LICENSE SUSPENSION
REV:02/1997
The Division of Taxation - Child Support Enforcement is
authorized to take steps leading to the certification of an
obligor for noncompliance with an order of support to an
appropriate board, state agency, or department. Such board,
state agency, or department shall take the following actions
against an obligor:
o Revoke a license to operate a motor vehicle;
o Refuse to renew or reissue a motor vehicle registration
or license to operate a motor vehicle;
o Revoke the license, certification, registration,
permit, approval, or other similar document authorizing
the obligor to engage in a profession, occupation,
business, or industry;
o Refuse to renew or reissue the license, certification,
registration, permit, approval, or other similar
document authorizing the obligor to engage in a
profession, occupation, business, or industry.
These actions may be requested only when the following conditions
are met:
o An obligor is more than ninety (90) days in arrears in
making payments in full for current support; or
o An obligor is more than ninety (90) days in arrears in
making periodic payments on a support arrearage
pursuant to a written agreement with the Division of
Taxation - Child Support Enforcement or pursuant to a
court ordered arrears order; or
o An obligor has failed to obtain or maintain health
insurance for his/her child(ren) pursuant to a court
order; and
o The Division of Taxation - Child Support Enforcement
has fully complied with the procedural and notification
provisions of Sections 0722.50.05 and 0722.50.05.05.
Upon receipt of the certification of noncompliance with a support
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
order from the Division of Taxation - Child Support Enforcement,
the licensing agency or board will revoke the obligor's license
and refuse to issue or reissue a license until the obligor
provides a release from the Division of Taxation - Child Support
Enforcement that states the obligor is in compliance with the
order for support.
The Division of Taxation - Child Support Enforcement will provide
obligors with written confirmation of compliance with a support
order and a release from the noncompliance penalty of license
suspension/revocation within five (5) business days after the
obligor has been found to be in compliance with the support
order.
Notice of Intent to Certify 0722.50.05
REV:02/1997
The Division of Taxation - Child Support Enforcement may serve
notice of intent to certify upon a support obligor who is not in
compliance as defined in Section 0722.50. The notice informs the
obligor of the agency's intent 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. Service
of the hearing notice must be made by first class mail or by
service as specified in the Rules of Procedure for Domestic
Relations. The notice must contain:
o The address and telephone number of the Division of
Taxation - Child Support Enforcement;
o A statement of the need for the obligor to obtain a
release from that office that states that the obligor
is in compliance with his or her support order; and
o A copy or facsimile of the obligor's court order for
support.
The notice must inform the obligor that:
o The obligor may request a Family Court hearing to
contest the issue of compliance (see Section
0722.50.05.05);
o A request for hearing must be made in writing and must
be received by the Division of Taxation - Child Support
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
Enforcement within twenty (20) days of service;
o If the obligor requests a hearing within twenty (20)
days of service, the Division of Taxation - Child
Support Enforcement shall stay action to certify the
obligor to any board for noncompliance with a court
order of support pending a decision after hearing;
o If the obligor does not request a hearing within twenty
(20) days of service and is not in compliance with a
court order of support, the Division of Taxation -
Child Support Enforcement shall certify the obligor to
the appropriate board, state agency, or department for
noncompliance with an order for support;
o If the Division of Taxation - Child Support Enforcement
certifies the obligor to a board for noncompliance with
a court order of support, the board, state agency, or
department shall revoke the obligor's license and
refuse to issue or reissue a license until the obligor
provides the board with a release from the Division of
Taxation - Child Support Enforcement that states that
the obligor is in compliance with her/his support
order. A revocation 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;
o If the obligor files a motion to modify support with
the Family Court, and duly serves the Division of
Taxation - Child Support Enforcement with notice of the
motion to modify, the Division of Taxation - Child
Support Enforcement shall stay action to certify the
obligor to any board for noncompliance with a court
order of support; and
o The obligor may restore compliance and thereby stay the
Division of Taxation - Child Support Enforcement from
certification of noncompliance with a court order of
support by taking any one of the following actions:
* Paying current support;
* 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
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
court, by making periodic payments in accordance
with a written agreement with the Division of
Taxation - Child Support Enforcement which
agreement shall then be filed with the Family
Court; and
* Meeting the obligor's health insurance obligation.
Family Court Compliance Hearing 0722.50.05.05
REV:02/1997
An obligor may request a hearing before a master of the RI Family
Court upon receipt of service of the notice of intent to certify
the obligor for noncompliance (See Section 0722.50.05). The
request for hearing must be made in writing and received by the
Division of Taxation - Child Support Enforcement within twenty
(20) days of the date of service.
The Division of Taxation - Child Support Enforcement in
conjunction with Family Court shall notify the obligor in writing
of the date, time, and place of the hearing. Service of the
hearing notice must be made by first class mail or by service as
specified in the Rules of Procedure for Domestic Relations.
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.
Certification of Noncompliance 0722.50.05.10
REV:02/1997
The Division of Taxation - Child Support Enforcement may certify
in writing to any appropriate board that a child support obligor
is not in compliance with a court order of support if:
o If the obligor does not timely request a hearing upon
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
service of the notice of intent to certify and is not in
compliance with a court order of support twenty-one (21)
days after service of the notice; or
o RI Family Court issues a decision or order after hearing
that 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
o After a decision or order of the RI Family Court has been
appealed, a decision or order from the RI Supreme Court
which determines or affirms that the obligor is not in
compliance with a court order for support,
The Division of Taxation - Child Support Enforcement's
certification shall include a copy of the decision or order of
the court, where applicable. The Division of Taxation - Child
Support Enforcement shall send by regular mail a copy of any
certification of noncompliance filed with a board to the obligor
at the obligor's most recent address.
Upon receipt of the certification of noncompliance from the
Division of Taxation - Child Support Enforcement, a board shall
revoke the obligor's license and refuse to issue or reissue a
license until the obligor provides the board with a release from
the Division of Taxation - Child Support Enforcement which states
that the obligor is in compliance with his or her support order.
When such an obligor subsequently complies with the order of
support, the Division of Taxation - Child Support Enforcement
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 revocation 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.
A board shall notify an obligor certified by the Division of
Taxation - Child Support Enforcement 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 revoked
because the obligor's name has been certified by the Division of
Taxation - Child Support Enforcement as a support obligor who is
not in compliance with a court order of support.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
Within five (5) business days of receiving written confirmation
that an obligor is in compliance with the court order of support,
the board shall reinstate, reissue, renew, or otherwise extend
the obligor's license or certificate of authority.
Reporting Requirements of Licensing Boards 0722.50.10
REV:02/1997
On or before November 1, 1995 and during each renewal period
thereafter, all boards subject to RIGL 15-11.1-2 must provide
the Division of Taxation - Child Support Enforcement with
specified information about applicants for licensure and all
current licensees who are residents of this state. The
information to be provided must include all the following
information to the extent that such information is maintained by
the board:
o Name;
o Address of record;
o Federal employer identification number or social
security number;
o Type of license;
o Effective date of license or renewal;
o Expiration date of license; and
o Active or inactive status.
The Division of Taxation - Child Support Enforcement requires
this information in order to implement the requirements of RIGL
15-11.1 known as the R.I. Full Enforcement of Support Obligations
Act.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
0722.60 INTERCEPTION OF INSURANCE PAYMENTS
REV:02/1997
Every domestic insurer or insurance company authorized to issue
policies of liability insurance and any worker's compensation
insurer, shall, within thirty (30) days prior of making 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 Division of
Taxation - Child Support Enforcement pursuant to RIGL 27-56-4
indicating whether or not the claimant owes past-due child
support.
The Division of Taxation - Child Support Enforcement shall
periodically furnish these insurers and insurance companies with
a report of names of individuals with last known addresses who as
of the date of the report, have an unpaid child support arrearage
in excess of five hundred dollars ($500).
If the insurer determines from the information provided by the
Division of Taxation - Child Support Enforcement pursuant to RIGL
27-56-4 that the claimant or payee owes past-due child support,
the insurer shall, except to the extent that payments are subject
to liens or interests (i.e., health care providers, attorney
fees, holders of security interests, or the assignment of rights
under RIGL 40-6-9), withhold from payment the amount of past-due
child support and pay such amount to RI Family Court which shall
credit the obligor's child support obligation account for the
amount so paid. The insurer shall pay the balance to the
claimant or other person entitled thereto, provided, however,
that the insurer/insurance company shall provide written notice
by first class mail to the claimant and his attorney if any and
to the Division of Taxation - Child Support Enforcement of the
payment to RI Family Court. RI Family Court shall deposit the
payment in escrow in the Registry of the Family Court for a
period of forty-five (45) days or, if an application for judicial
review has been filed, until the further order of the court, and
the date and amount thereof.
Any claimant aggrieved by any action taken under these procedures
may within thirty (30) days of the date of the notice to the
claimant seek judicial review in the RI Family Court which may,
at its discretion, issue a temporary order prohibiting the
disbursement of funds pending final adjudication.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT ENFORCEMENT REMEDIES SECTION 0722
The Division of Taxation - Child Support Enforcement shall send
notice to the obligor that the agency has intercepted an
insurance settlement at the time it credits the obligor's
account.
OFFSET OF STATE LOTTERY PRIZES 0722.70
REV:02/1997
Any person entitled to receive a cash prize or winning ticket in
excess of six hundred dollars ($600) from the Rhode Island
Lottery Commission and who has been identified by the Division of
Taxation - Child Support Enforcement as having an unpaid child
support arrearage shall have an amount set off against the amount
due to such person after federal and state tax withholding an
amount up to the balance of such child support arrearage(s). The
lottery commission shall make the payment directly to the RI
Family Court which will deposit the amount set off in escrow into
the Registry of the Family Court for a period of forty-five (45)
days, or if an application for review relating to the setoff has
been filed, until final disposition of such application until
further order of the court. The lottery shall pay to such person
the remaining balance of the prize or winning ticket amount, if
any, after the amount set off above by child support.
The Division of Taxation - Child Support Enforcement will
periodically each year provide the Rhode Island State Lottery
Commission a report of those individuals, together with other
identifying information, who have a child support arrearage in
excess of $500 as of the date of the report as shown on the
Division of Taxation - Child Support Enforcement computer system.
Any claimant aggrieved by any action taken under these procedures
may within thirty (30) days of the date of the withholding of the
payment by the lottery director seek judicial review in the RI
Family Court which may, at its discretion, issue a temporary
order prohibiting the disbursement of funds pending final
adjudication.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0722 CHILD SUPPORT ENFORCEMENT REMEDIES
0722.80 MOTOR VEHICLE LICENSE/REGISTRATION ACTION
REV:02/1997
The Division of Taxation - Child Support Enforcement will
periodically each year provide the Rhode Island Division of Motor
Vehicles a report of those individuals, together with other
identifying information, who have a child support arrearage in
excess of $500 as of the date of the report as shown on the
Division of Taxation - Child Support Enforcement computer system.
This listing to the Division of Motor Vehicles will be
periodically updated to so that individuals whose arrearage falls
below the prescribed level for reporting may be removed from the
list by the Division of Motor Vehicles.
No individual whose name appears on this list shall be permitted
to:
* Register or renew a registration of any motor vehicle,
and/or
* Obtain an original license or renewal of a license to
operate a motor vehicle
until all such child support arrearage have been paid in full or
a satisfactory arrangement for payment has been made with the RI
Family Court and such payment or arrangement to pay has been
certified to the Division of Motor Vehicles by the Division of
Taxation - Child Support Enforcement.
The identifying information provided to the Division of Motor
Vehicles shall NOT include individuals' social security numbers.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
INTERSTATE CHILD SUPPORT CASES SECTION 0724
INTERSTATE DEFINED 0724.05
REV:07/1994
An interstate child support case is, in general, one in which the
absent parent and custodial parent do not live in the same state.
There are two broad categories of interstate cases for RICSS:
o Out of State cases where the custodial parent resides in
Rhode Island and the absent parent resides outside Rhode
Island, and;
o Foreign Court cases, where the custodial parent resides
outside Rhode Island and the absent parent resides in
Rhode Island;
In the first category, (Out of State Cases), Rhode Island is the
initiating state. An initiating state is one in which a
proceeding, pursuant to a reciprocal enforcement of support law, is
commenced and in which the IV-D custodial parent resides or once
resided.
In the second category, (Foreign Court Cases), Rhode Island is the
responding state. A responding state is one in which any
responsive proceeding pursuant to the proceeding in the initiating
state is commenced, and where the absent parent resides or has
assets.
Both these types of cases are commonly referred to as URESA cases.
URESA stands for Uniform Reciprocal Enforcement of Support Act.
This is the federal legislation establishing the mechanisms for
establishing and enforcing child support when each of the parents
do not live in the same state.
AUTHORITY 0724.10
REV:07/1994
The RICSS agency has the authority to initiate and respond to
interstate requests under Rhode Island General Law, Title 15,
Chapter 11, Sections 1 through 42, known as Reciprocal Enforcement
of Support. Under the Reciprocal Enforcement of Support laws, the
duties of support are those imposed under the laws of any state
where the absent parent was present for the period during which
support is sought. The absent parent is presumed to have been
present in the responding state during the period for which support
is sought until otherwise shown.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0724 INTERSTATE CHILD SUPPORT CASES
In public assistance cases, Rhode Island has the same right to
initiate a proceeding as an individual AFDC caretaker relative for
the purpose of securing reimbursement for support furnished and of
obtaining continuing support. All duties of support are
enforceable by a proceeding, including a proceeding for civil
contempt. The defense that the parties are immune to suit because
of their relationship as husband and wife or parent and child is
not available to the absent parent.
0724.15 THE RICSS INTERSTATE UNIT
REV:07/1994
The RICSS Interstate Unit acts as the State's Central Registry.
The unit will manage Rhode Island's interstate case load; both
initiating activities and responding to requests from other
states.
The central registry duties include receiving, distributing and
responding to inquiries on all interstate IV-D cases, including
URESA petitions and requests for wage withholding.
Within 10 working days of receiving an interstate IV-D case from
an initiating State, the central registry must:
o Ensure that the documentation submitted with the case
has been reviewed to determine completeness;
o Forward the case for necessary action to the
appropriate agent;
o Acknowledge receipt of the case and ensure that any
missing documentation has been requested from the
initiating State.
If the documentation received with a case is inadequate and
cannot be remedied without the assistance of the initiating
State, the central registry shall forward the case to an agent
for any action that can be taken pending necessary action by the
initiating State. The central registry shall keep a log of these
pending cases so that when the needed documentation is received
it may be distributed to the appropriate agent.
The central registry must respond to inquiries from other States
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
INTERSTATE CHILD SUPPORT CASES SECTION 0724
within 5 working days of receipt of the request for a case
status.
RHODE ISLAND AS THE INITIATING STATE 0724.20
REV:07/1994
RICSS, on behalf of the Department Human Services (DHS), will
initiate child support enforcement activities on interstate
matters the same as if all parties resided within the State.
AFDC Interstate Cases 0724.20.05
REV:07/1994
Newly opened AFDC cases will be assigned to the Interstate Unit
through the IV-A/IV-D interface when the eligibility technician
enters an out of state address for the absent parent. These cases
are assigned a CASE STATUS TYPE of AUI (AFDC URESA INITIATING) on
the APPD/CASE panel.
If the Interstate Unit should receive an AFDC case transferred from
an instate unit, (before an instate agent transfers an AFDC case to
the Interstate Unit, there should be verification that the absent
parent no longer resides in Rhode Island), the agent should examine
the case to determine whether a new case should be created for
interstate support activity. If the existing case does not have a
docket number assigned to it nor anything "financial", (payments,
obligation balance etc.), it will not be necessary to create a new
case for the interstate activity. The existing suffix should be
used for the interstate case. The case status type in CASE panel
should be changed from "A" blank to "AUI".
If the transferred case does show evidence of instate support
activity having been initiated such as the assigning of a docket
number and/or the existence of any financial information, the
interstate agent must create a new case for the interstate activity
by;
o Entering the APPD function in E (entry mode);
o Entering a Y (Yes) acknowledging that there is already
an AFDC case and that the case should be "coped";
o Entering the abbreviation of the state where the absent
parent is now residing.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0724 INTERSTATE CHILD SUPPORT CASES
The system will bring over information from the original case,
assign it a new suffix number, and a case status type of AUI on the
APPD CASE panel.
0724.20.10 Non-AFDC, MAO, and FC Interstate Cases
REV:07/1994
Non-AFDC, Medical Assistance Only, and Foster Care cases will come
to the Interstate Unit via the referral or application process, or
transfers from another RICSS unit. The Interstate agent will enter
new cases and transfer in cases through APPD E (Entry) mode. These
cases cannot be copied, therefore the agent will do the data entry
to establish the case. The agent will enter a CASE STATUS TYPE of
NUI (Non-AFDC URESA INITIATING) on the APPD CASE panel. The system
will enter the appropriate case suffix.
0724.20.15 Petition or Complaint for Support
REV:07/1994
The petition or complaint shall be verified and shall state the
name and, so far as known to the obligee, the address and
circumstances of the obligor and the persons from whom support is
sought, and all other pertinent information. The obligee may
include in, or attach to, the petition or complaint, information
which may help in locating or identifying the obligor including:
o A photograph of the obligor;
o A description of any distinguishing marks on his/her
person;
o Other names and aliases by which he/she has been or is
known;
o The name of his/her employer;
o His/her fingerprints;
o His/her social security number.
The petition or complaint may be filed in the appropriate court in
any state in which the obligee resides. The Family Court shall not
decline or refuse to accept and forward the petition or complaint
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
INTERSTATE CHILD SUPPORT CASES SECTION 0724
on the ground that it should be filed with some other court of
this, or any other state where there is pending another action for
divorce, separation, annulment, dissolution, habeas corpus,
adoption, or custody between the same parties, or where another
court has already issued a support order in some other proceeding
and has retained jurisdiction over its enforcement.
Petition or Complaint for a Minor 0724.20.25
REV:07/1994
A petition or complaint on behalf of a minor obligee may be
executed and filed by a person having legal custody of the minor,
without appointment as guardian ad litem (a guardian appointed by
the court for the specific purpose of bringing and maintaining
child support action).
Duty of Initiating Court 0724.20.30
REV:07/1994
If the Family Court finds that the petition or complaint sets forth
facts from which it may be determined that the obligor owes a duty
of support and that a court of the responding state may obtain
jurisdiction of the obligor or his property it shall so certify and
cause three copies of the petition or complaint and its certificate
and three copies of Rhode Island General Law, Title 15, Chapter 11
(the Rhode Island URESA law) to be sent to the responding court or
its designee. Certification shall be in accordance with the
requirement of the initiating state. If the name and address of
the responding court is unknown, and the responding state has an
information agency comparable to that established in the initiating
state, it shall cause the copies to be sent to the state
information agency or other proper official of the responding
state, with a request that the agency or official forward them to
the proper court and that the court of the responding state
acknowledge their receipt to the initiating court.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0724 INTERSTATE CHILD SUPPORT CASES
0724.20.35 Costs and Fees
REV:07/1994
The Family Court shall not require payment of either a filing fee
or other costs from the obligee, but may request the responding
court to collect fees and costs from the obligor. A responding
court shall not require payment of a filing fee or other costs from
the obligee, but it may direct that all fees and costs requested by
the initiating court and incurred in this state when acting as a
responding state, including fees for filing of pleadings, service
of process, seizure of property, stenographic or duplication
service, or other service supplied to the obligor, be paid in whole
or in part by the obligor, or by the DHS. These costs or fees do
not have priority over amounts due to the obligee.
0724.20.40 Jurisdiction by Arrest
REV:07/1994
If the Family Court believes that the obligor may flee it may, as
an initiating court, request in its certificate that the responding
court obtain the body of the obligor by appropriate process.
0724.20.45 RICSS Responsibilities
REV:07/1994
As the initiating state agency, the RICSS will:
o Attempt to establish paternity using the State's long arm
statute, whenever appropriate;
o Refer a case, within 20 calendar days of finding an
absent parent in another state, to the responding State's
Interstate central registry for action, including:
URESA petitions;
Requests for location;
Document verification;
Administrative reviews in Federal income tax refund
offset cases;
Income withholding;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
INTERSTATE CHILD SUPPORT CASES SECTION 0724
State income tax refund offset in IV-D cases;
o Provide the responding state with sufficient, accurate
information to act on the case by submitting with each
case any necessary documentation with the Child Support
Enforcement Transmittal package.
o Provide the responding state with any additional
information requested. When information cannot be
provided immediately, the interstate agent will notify
the responding state that it will be provided within
thirty calendar days of the request. The agent will
submit an updated form or a computer-generated replica in
the same format and containing the same information, and
any necessary additional documentation;
o Notify the responding state within 10 working days of
receiving new information, by submitting an updated form
and any related documentation;
o Contact the responding state IV-D agency for a status
update when there has been no contact for 90 calendar
days.
Initiating Location Requests 0724.20.50
REV:07/1994
The RICSS agent will exhaust all location resources available
locally before requesting assistance from an out of state Central
Registry. To request location services from another state, the
Interstate agent will:
o Print a Locate Data Sheet from FORMS;
o Send it to the out of state Central Registry;
o Enter the NEXT CSE REVIEW date of 90 calendar days on the
APPD CASE panel.
At the end of the 90 days, the agent will contact the responding
state for an update if a response has not already been received.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0724 INTERSTATE CHILD SUPPORT CASES
0724.20.55 Initiating Paternity Establishment
REV:07/1994
In cases where a putative father lives out of state, the RICSS
agency will attempt to establish paternity the same as if the
absent parent lives in Rhode Island.
0724.20.55.05 Long Arm Cases
REV:07/1994
In interstate paternity cases, when a child is conceived in Rhode
Island, the RICSS agency should attempt use of its long arm statute
before initiating a URESA for paternity.
A long arm statute is one that allows a state to gain jurisdiction
over an individual residing in another state because of an act
committed within its own boundaries. In paternity establishment,
it allows Rhode Island to "reach" into another state to bring an
alleged father back into Rhode Island when the custodial parent
claims that conception occurred in Rhode Island. The RICSS agent
will refer the case to the RICSS Legal Unit if any problems arise.
In welfare cases, when paternity is an issue, the case must be
referred to the legal unit so that a paternity affidavit may be
prepared. If conception took place outside Rhode Island, a URESA
petition asking for paternity to be established and a support order
entered should be sent to the responding State.
0724.20.55.10 URESA Paternity
REV:07/1994
When long arm cannot be used, the RICSS agent will pursue paternity
establishment via the regular URESA process. The agent will
transfer the case to the RICSS Legal Unit by:
o Entering AR (Attorney Review) in the CASE ACTION CODE
field of the APPD CASE panel;
o Sending the RICSS case record to the Legal Unit.
The RICSS Technical Staff Assistant will contact the custodial
parent to schedule an appointment for her to complete and sign the
Paternity Affidavit. The Technical Staff Assistant will:
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
INTERSTATE CHILD SUPPORT CASES SECTION 0724
o Assist the custodial parent in completing the Paternity
Affidavit;
o Enter CR (Case Review) in the CASE ACTION CODE field on
the APPD CASE panel;
o Return the RICSS case record with the Paternity Affidavit
to the Interstate Unit.
Docket Number Processing 0724.20.55.10.05
REV:07/1994
Once the case is returned, the RICSS agent will enter DAIL Function
and select DOCKET NUMBER PROCESSING to obtain a docket number. The
system will show whether there are other docket numbers for this
putative father and custodial parent combination.
o If there are no existing docket numbers for this putative
father/custodial parent combination, enter NEW in the
command panel. This will generate a new docket number
and "connect" it to the case number.
o When there is an existing docket number and it is not
appropriate to create another case, the agent will ask
the Junior Systems Analyst to put that number on "hold".
Then, obtaining a new docket number for the existing
suffix, the agent will use that case for the URESA
filing.
o If there has already been a docket number assigned for
this putative father/custodial parent combination
involving the State the URESA will be filed to, that same
docket number must be used.
Preparing the Packet 0724.20.55.10.10
REV:07/1994
After the docket number has been assigned to the case, the URESA
petition should be prepared. If use of the long arm statute is not
applicable, RICSS must request the responding State to establish
paternity by following these procedures:
o Print the URESA packet via FORMS. The system will
automatically print the form with the appropriate case
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0724 INTERSTATE CHILD SUPPORT CASES
data and the correct responding State central registry
address. The packet will include the:
Uniform Support Petition,
General Testimony for URESA,
Child Support Enforcement Transmittal, and
Affidavit of Non-Military Service;
o Print the paternity affidavit from the FORM
function/LEGAL FORMS panel. (This is a "stand alone" form
and will not be a part of the regular URESA packet);
o After the custodial parent has been interviewed and the
paternity affidavit has been completed and notarized,
attach a copy of the affidavit to each of the five URESA
packets;
o Retain one full URESA packet for the RICSS case record;
o Transmit the remaining four packets to the R.I. Family
Court. The court will attach a signed Judge's Certificate
to each packet, stamp them with the court seal and send
out three packets to the responding State's central
registry. One complete packet will be retained by the
court for its file.
o Family Court will return a copy of the transmittal form
that shows the date and the State to which the petition
was sent. The agent should enter this information in
case tracking.
o When the responding State acknowledges receipt of the
petition, all appropriate data such as contact person,
phone number, and address of the local enforcement agency
that will be handling the case should be entered in the
OOSC panel of APPD function.
o Enter the NEXT CSE REVIEW date on the APPD CASE panel.
This date should be 90 calendar days from the date Family
Court sent the packet to the responding State central
registry.
When the responding State establishes paternitiy, the agent should
go to the APPD/CHLD panel and change the paternity status from PI
to PNI (paternity not an issue).
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
INTERSTATE CHILD SUPPORT CASES SECTION 0724
Initiating Support Order Establishment 0724.20.60
REV:07/1994
The RICSS agency will initiate a URESA action to obtain an order
for support when:
o The absent parent is located out of state;
o Paternity is not an issue in the case;
o There is no order for support.
Docket Number Processing 0724.20.60.05
REV:07/1994
The RICSS agent will enter DAIL/ DOCKET NUMBER PROCESSING to obtain
a docket number. The system will show whether there are other
docket numbers for this absent parent/custodial parent/State
combination.
o When there is an existing docket number reflecting an
instate case and a decision is made to use the same case
number for the interstate case, the agent will have the
Jr. Systems Specialist put the instate docket number on
hold and then generate a new docket number from the
DAIL/DOCKET NUMBER PROCESSING panel;
o When there is already a docket number for this absent
parent/custodial parent/state combination use that docket
number;
o When no docket number is found, the agent will generate
a new docket number from the DAIL/DOCKET NUMBER
PROCESSING.
Preparing the Packet 0724.20.60.10
REV:07/1994
Once the DOCKET NUMBER PROCESSING panel shows the number has been
activated (A), the agent will:
o Print a URESA packet via FORMS. The system will generate
five packets, each of which will include the:
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0724 INTERSTATE CHILD SUPPORT CASES
Child Support Enforcement Transmittal;
Uniform Support Petition;
General Testimony for URESA, and
Family Court Certificate (Judge's Certificate)
o Retain one packet for the RICSS case record;
o Transmit the remaining four packets to R.I. Family Court.
One will be retained for the court file and the
remaining three packets will be sent to the responding
State central registry.
o When Family Court returns a copy of the transmittal form
showing the date and State to which the petition was
sent, the agent should enter this information in case
tracking.
o The agent should then enter the NEXT CSE REVIEW date on
the APPD/CASE panel. This date should be 90 calendar
days from the date Family Court sent the packet to the
responding State central registry.
Upon receiving the acknowledgment from the responding state,
the interstate agent will record, on the APPD/OOSC panel, the
name of the out of state contact person, his/her address and
phone number.
0724.20.65 Initiating Interstate Enforcement
REV:07/1994
The RICSS agency will determine what type of action to take on an
interstate case depending upon certain circumstances. The agent
may request:
o Interstate Income Withholding in cases when:
The absent parent both lives and works out of
state; and
An existing order is less than three years old;
o A URESA action to establish an out of state order when:
The absent parent is located out of state; and
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
INTERSTATE CHILD SUPPORT CASES SECTION 0724
There is no support order or an existing order is
at least three years old;
o Registration of a foreign support order when:
A custodial parent requests it on a non-welfare
case;
The absent parent's residential or postal address
is verified.
Initiating Interstate Income Withholding 0724.20.65.05
REV:07/1994
When RICSS identifies cases where interstate income withholding is
appropriate, the agent will initiate action to request the
responding State to issue an income withholding order. This
request is made on the Child Support Enforcement Transmittal Form.
The packet sent to the responding State includes:
o A verified place of employment for the absent parent;
o An original and four copies of the support order. The
original must be certified with the court seal;
o An affidavit of arrears showing the accumulation of
arrears on month by month basis. An original and four
copies are required. The original and the two copies
that will be sent to the responding State should all
be notarized and stamped with the notary seal. Welfare
cases are signed by the agent as the RICSS representative
and on non-welfare cases the obligee must sign.
o A copy of the Rhode Island income withholding laws should
accompany each of the three packets that will be sent to
the responding State;
o One complete packet will be retained for the RICSS case
file and the remaining four will be transmitted to R.I.
Family Court. One will be retained by the court for its
file and three packets will be sent to the responding
State central registry.
In Interstate income withholding, except with respect to when
withholding must be done, which is controlled by the State where
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0724 INTERSTATE CHILD SUPPORT CASES
the support order was entered, the law and procedures of the State
in which the absent parent is employed shall apply.
0724.20.65.05.05 Docket Number Processing
REV:07/1994
To initiate an interstate income withholding, the Interstate Agent
will enter DAIL/DOCKET NUMBER PROCESSING and follow the same
procedures outlined in section 0724.20.55.10.
0724.20.65.05.10 Preparing the Packet
REV:07/1994
Once the DOCKET NUMBER PROCESSING panel indicates that the number
has been activated (A), the agent will:
o Print a URESA packet via FORMS. The packet will include
the:
Child Support Enforcement Transmittal (requesting
income withholding); and
Family Court Certificate;
o Attach to each packet:
A copy of the support order and any modifications
to it. These copies must be certified.
An affidavit of arrears showing the accumulation of
arrears on a month by month basis. These
affidavits should be notarized and stamped with the
notary seal. Welfare cases are signed by the child
support agent as the RICSS representative; on non-
welfare cases the obligee must sign.
A copy of the withholding laws of the state where
the order was entered;
o Retain a copy of the packet for the RICSS case record;
o Transmit the remaining four packets to the R.I. Family
Court. Family Court will retain one for its file and send
three to the responding State central registry;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
INTERSTATE CHILD SUPPORT CASES SECTION 0724
o When Family Court returns a copy of the transmittal form
showing the date the petition went to the responding
State, the agent should enter the date and the State to
which the petition was sent in case tracking.
Upon receiving the acknowledgment from the responding state, the
interstate agent should record, on the APPD/OOSC panel, the name of
the out of state contact person, his/her address and phone number.
Initiating a URESA Action 0724.20.65.10
REV:07/1994
In a URESA proceeding, the RICSS agency will file a petition on
behalf of the custodial parent and forward the petition and other
documents to the Central Registry of the responding state. The
custodial parent does not have to attend the hearing nor hire
counsel in the responding state. An attorney or representative
designated under the responding state's URESA statute will appear
on the custodial parent's behalf.
In some states, the most recent order is presumed to correctly
determine the current amount of support unless either party proves
a change in circumstances. Other states consider a URESA
proceeding to be a de novo hearing, that is, being heard for the
first time. Although an existing support order is prima facie
evidence of a duty to support (evidence that if unexplained or
uncontradicted is sufficient to carry the case to a jury and to
sustain a verdict), the responding court is not bound by the amount
of support ordered. This factor should be considered when deciding
whether a URESA action should be filed or a request made to
register the existing order.
Docket Number Processing 0724.20.65.10.05
REV:07/1994
To file a URESA action, the Interstate Agent will enter DAIL/
DOCKET NUMBER PROCESSING to obtain a docket number. See procedures
to be followed in section 0724.20.55.10.05.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0724 INTERSTATE CHILD SUPPORT CASES
0724.20.65.10.10 Preparing the Packet
REV:07/1994
Once the DOCKET NUMBER PROCESSING panel indicates that the number
has been activated (A), the agent will:
o Print a URESA packet via FORMS. The packet will include
the:
Child Support Enforcement Transmittal requesting:
Establishment of a new order,
Arrearage collection (if appropriate)
Income withholding;
General Testimony for URESA and
Family Court Certificate;
o Attach:
A copy of the order and any modifications.
The custodial parent's signed arrearage affidavit;
A copy of the withholding laws of the state where
the order was originally entered (when requesting
an interstate wage withholding only);
o One packet will be retained by RICSS for its case file;
o Transmit the original packet plus three copies to the
R.I. Family Court;
o Enter a message on case tracking indicating that the
packets were sent to the Family Court;
o After Family Court has returned the transmittal form with
the date the responding State was sent the petition,
agent should go into case tracking and make a notation of
the date and the name of the State to which the petition
was sent;
o Also the agent should enter NEXT CSE REVIEW date on the
APPD/CASE panel. This date should be 90 calendar days
from the date the petition was sent to the responding
State central registry.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
INTERSTATE CHILD SUPPORT CASES SECTION 0724
Transmitting the Packet to Court 0724.20.65.10.15
REV:07/1994
The Interstate Unit secretary will bundle packets together,
complete a transmittal form and forward the packets, with the
transmittal form attached, to the Family Court.
The Family Court will:
o Obtain the Judge's/Master's signature on the Family Court
Certificate;
o Add copies of the Rhode Island URESA laws to each of the
three packets being sent to the responding State;
o Retain a copy of the packet and establish a Family Court
file;
o Forward the original packet and two copies to the out of
state central registry.
Upon receiving acknowledgment from the responding state, the
Interstate agent will record, on the APPD/OOSC panel, the name of
the out of state contact person, his/her address and phone number.
Registration of a Foreign Order 0724.20.65.15
REV:07/1994
A foreign support order is any administrative or judicial order
entered outside R.I.. In the registration of a foreign support
order, the court clerk in the responding state is responsible for
filing the foreign support order in a Registry of Foreign Support
Orders. This filing constitutes registration. Personal
jurisdiction over the absent parent is not required since
registration determines no rights or obligations of the absent
parent. At the time of filing, the clerk gives the absent parent
notice of registration by certified or registered mail. The absent
parent has a certain time within which to request that registration
be vacated. If the absent parent does not contest registration, or
fails to prevail at any hearing, the registered order is confirmed.
A registered foreign support order is treated in the same manner as
a local support order entered by the responding court. It is
subject to the same defenses and procedures for reopening, staying,
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0724 INTERSTATE CHILD SUPPORT CASES
and enforcing. The interstate agent will usually request a
responding State to register an order when a non-welfare client
requests the registration and there is a verified residential or
postal address for the absent parent.
0724.20.65.15.05 Docket Number Processing
REV:07/1994
When R.I., acting as the initiating State, requests another State
to do a registration of a foreign support order, the procedures for
obtaining a docket number for the outgoing petition are the same as
for any URESA filing. See section 0724.20.55.10.05.
0724.20.65.15.10 Preparing the Packet
REV:07/1994
Once the DOCKET NUMBER PROCESSING panel indicates that the number
has been activated (A), the agent will:
o Print five URESA packets from FORM function. Each packet
will include the:
Child Support Enforcement Transmittal;
Statement of Fact (for Registration of Foreign
Support Order);
Uniform Support Petition; and
Family Court Certificate;
o Attach to each of the five packets:
A certified copy of the order and any
modifications;
A certified copy of the affidavit of arrears (if
arrears are being sought);
If the order was entered in a State outside R.I.,
attach a copy of that State's URESA laws to each
packet. (If it is a R.I. order, Family Court will
attach the R.I. URESA laws to the packets being sent
to the responding State);
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
INTERSTATE CHILD SUPPORT CASES SECTION 0724
o Retain one full packet for the RICSS file and forward the
remaining four to R.I. Family Court;
o When Family Court returns the transmittal showing the
date the petition was sent to the responding State, the
agent should enter that information in case tracking;
o Enter the NEXT CSE REVIEW date on the APPD/CASE panel.
This date should be 90 calendar days from the date Family
Court sent the petition to the responding State;
Transmitting the Packet to Court 0724.20.65.15.15
REV:07/1994
Outgoing URESA petitions will be sent to R.I. Family Court in
packets of four. (Of the five originally created, RICSS will retain
one for its file). They should be sent with a transmittal form.
When Family Court has completed its processing, one complete packet
will be retained by the court for its file and the remaining three
will be sent to the responding State central registry.
The Family Court processing consists of:
o Obtaining the Judge's/Master's signature on the Family
Court Certificate and adding one to each outgoing packet;
o Adding copies of the Rhode Island URESA laws to each
packet.
o Returning a copy of the transmittal form to RICSS
confirming the date and State to which the packets were
sent. This information should be inputted into the
INRHODES IV-D system case tracking.
When the responding State acknowledges receipt of the petition,
RICSS will record any relevant information in the APPD/OOSC panel.
This would include the name and phone number of the contact person,
address of the local enforcement agency, and any identifying number
assigned to the petition by the responding State.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0724 INTERSTATE CHILD SUPPORT CASES
0724.25 RHODE ISLAND AS THE RESPONDING STATE
REV:07/1994
The RICSS agency, on behalf of the DHS, will respond to requests
from other states to locate absent parents, establish paternity and
orders for support when necessary, and to enforce and collect
support.
0724.25.05 Legal Basis
REV:07/1994
The statutes governing Rhode Island as the responding state in an
interstate action are found in the Rhode Island General Laws, Title
15, Chapter 11, Sections 18 through 42 (RIGL 15-11-18-42).
0724.25.05.05 Responsibility of Court and DHS
REV:07/1994
After the responding court receives copies of the petition or
complaint, certificate, and act from the initiating court, the
clerk of the court will docket the case and notify the DHS and
prosecuting attorney where applicable.
The DHS, and where applicable the prosecuting attorney, shall
prosecute the case diligently. All action necessary according to
the laws of this State to enable the court to set a time and place
for a hearing, and give notice thereof to the obligor in accordance
with law will be taken.
0724.25.05.10 Duties of Court and DHS
REV:07/1994
The DHS and, where applicable, the prosecuting attorney will use
all means at their disposal to locate the obligor or his property
and, if because of inaccuracies in the petition or complaint or
otherwise, the Family Court cannot obtain jurisdiction, the DHS or
where applicable, the prosecuting attorney shall inform the Family
Court of what they have done and request the court to continue the
case pending receipt of more accurate information or an amended
petition or complaint from the initiating court.
If the obligor or his property is not found in the State of Rhode
Island and the DHS or, where applicable, the prosecuting attorney
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
INTERSTATE CHILD SUPPORT CASES SECTION 0724
discovers that the obligor or his property may be found in another
state, they shall so inform the court. Thereupon the clerk of the
court shall forward the documents received from the court in the
initiating state to a court in the other state, or to the
information agency or other proper official of the other state with
a request that the documents be forwarded to the proper court. All
powers and duties provided by the Reciprocal Enforcement of Support
Act apply to the recipient of the documents so forwarded. If the
clerk of a court of this state forwards documents to another court,
he shall notify the initiating court.
If the DHS or, where applicable, the prosecuting attorney has no
information as to the location of the obligor or his property, they
shall so inform the initiating court.
Hearing and Continuance 0724.25.05.15
REV:07/1994
If the obligee is not present at the hearing and the obligor denies
owing the duty of support alleged in the petition or complaint or
offers evidence constituting a defense, the Family Court, upon
request of either party, may continue the hearing to permit
evidence relative to the duty to be adduced by either party by
deposition, or by appearing in person before the court. The Family
Court may designate the judge of the initiating court as a person
before whom a deposition may be taken.
Immunity from Criminal Prosecution 0724.25.05.20
REV:07/1994
If at the hearing the obligor is called for examination as an
adverse party and he declines to answer upon the ground that his
testimony may tend to incriminate him, the Family Court may require
him to answer, in which event he is immune from criminal
prosecution with respect to matters revealed by his testimony,
except for perjury committed in this testimony.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0724 INTERSTATE CHILD SUPPORT CASES
0724.25.05.25 Evidence of Husband and Wife
REV:07/1994
Laws attaching a privilege against the disclosure of communications
between husband and wife are inapplicable to proceedings under the
Rhode Island General Laws, Title 15, Chapter 11. Husband and wife
are competent witnesses to testify to any relevant matter,
including marriage and parentage.
0724.25.05.30 Rules of Evidence
REV:07/1994
In any hearing for the civil enforcement of Rhode Island General
Law, Title 15, Chapter 11, the court is governed by the rules of
evidence applicable in a civil court action in the Family Court.
If the action is based on a support order issued by another court,
a certified copy of the order shall be received as evidence of the
duty of support, subject only to any defenses available to an
obligor with respect to paternity or to a defendant in an action or
a proceeding to enforce a foreign money judgement. The
determination or enforcement of a duty of support owed to one
obligee is unaffected by any interference by another obligee with
rights or custody or visitation granted by a court.
0724.25.05.35 Order of Support
REV:07/1994
If the Family Court finds a duty of support, it may order the
obligor to furnish support therefor and subject the property of the
obligor to the order. Support orders made pursuant to Rhode Island
General Law, Title 15, Chapter 11 shall require that payments be
made to the clerk of the Family Court. The appropriate court of
the state in which the obligor is present or has property has the
same powers and duties to enforce the order as has the court in
which it was first issued. If enforcement is impossible or cannot
be completed in the state in which the order was issued, the DHS or
the prosecuting attorney, where applicable, shall send a certified
copy of the order to the appropriate official of any state in which
it appears that proceedings to enforce the order will be effective.
The said appropriate official to whom the order is forwarded shall
proceed with the enforcement, and report the results of the
proceedings to the court first issuing the order.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
INTERSTATE CHILD SUPPORT CASES SECTION 0724
Transmit Support Order to Initiating Court 0724.25.05.40
REV:07/1994
The Family Court will send a certified copy of all support orders
to the initiating court.
Additional Powers of Responding Court 0724.25.05.45
REV:07/1994
In addition to the foregoing powers, the Family Court may subject
the obligor to any terms and conditions proper to assure compliance
with its orders, and in particular to:
o Require the obligor to furnish a cash deposit or a bond
of a character and amount to assure payment of any amount
due;
o Require the obligor to report personally and to make
payments at specified intervals to the clerk of the
court;
o Punish, under the power of contempt, the obligor who
violates any order of the court.
Paternity 0724.25.05.50
REV:07/1994
If the obligor asserts as a defense that he is not the father of
the child for whom support is sought and it appears to the court
that the defense is not frivolous, and if both parties are present
at the hearing or the proof required indicates that the presence of
either or both of the parties is not necessary, the court may
adjudicate the paternity issue. Otherwise the court may adjourn
the hearing until the paternity issue has been adjudicated.
Additional Duties of Responding Court 0724.25.05.55
REV:07/1994
A responding court has the following duties, which may be carried
out through the clerk of the court:
o Transmit to the initiating court any payment made by the
obligor pursuant to any order of the court or otherwise;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0724 INTERSTATE CHILD SUPPORT CASES
and
o Furnish to the initiating court, upon request, a
certified statement of all payments made by the obligor.
0724.25.05.60 Proceedings Not to be Stayed
REV:07/1994
The Family Court shall not stay the proceeding or refuse a hearing
under Rhode Island General Law, Title 15, Chapter 11 because of any
pending or prior action or proceeding for divorce, separation,
annulment, dissolution, habeas corpus, adoption, or custody in
this, or any other state. The court shall hold a hearing and may
issue a support order pendente lite. It may require the obligor to
give a bond for the prompt prosecution of the pending proceeding.
If the other action or proceeding is concluded before the hearing
in the instant proceeding, and the judgement therein provides for
the support demanded in the petition or complaint being heard, the
court must conform its support order to the amount allowed in the
other action or proceeding. Thereafter, the court shall not stay
enforcement of its support order because of retention of
jurisdiction for enforcement purposes by the court in the other
action or proceeding.
0724.25.05.65 Nullification of Support Orders
REV:07/1994
A support order made by a court of this state, pursuant to Rhode
Island General Law, Title 15, Chapter 11, does not nullify and is
not nullified by a support order made by a court of this state
pursuant to any other law, or by a support order made by a court of
any other state pursuant to a substantially similar act, or any
other law regardless of priority of issuance, unless otherwise
specifically provided by the court. Amounts paid for a particular
period pursuant to any support order made by the court of another
state, shall be credited against the amounts accruing or accrued
for the same period under any support order made by the court of
this state.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
INTERSTATE CHILD SUPPORT CASES SECTION 0724
Effect of Participation in Proceeding 0724.25.05.70
REV:07/1994
Participation in a proceeding under Rhode Island General Law, Title
15, Chapter 11 does not confer jurisdiction upon any court over any
of the parties thereto in any other proceeding.
Intrastate Application 0724.25.05.75
REV:07/1994
This act applies if both the obligee and obligor are domiciliaries
and/or residents of this state.
Appeals 0724.25.05.80
REV:07/1994
If the DHS is of the opinion that a support order is erroneous, and
presents a question of law warranting an appeal in the public
interest, it may:
o Perfect an appeal to the state Supreme Court if the
support order was issued by a court of this State; or
o Cause the appeal to be taken in the another state if the
support order was issued in the other state.
In either case, expenses of the appeal may be paid on its order
from funds appropriated for its office.
Foreign Support Orders-Additional Remedies 0724.25.05.82
REV:07/1994
If the duty of support is based on a foreign support order, the
obligee has the additional remedies as provided in the Rhode Island
General Laws, Title 15, Chapter 11, Sections 36 through 40.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0724 INTERSTATE CHILD SUPPORT CASES
0724.25.05.84 Right to Register Foreign Support Orders
REV:07/1994
The obligee may register the foreign support order in a court of
this state in the manner, with the effect, and for the purposes
herein provided.
0724.25.05.86 Registry of Foreign Support Orders
REV:07/1994
The clerk of the court shall maintain a registry of foreign support
orders in which he shall file foreign support orders.
0724.25.05.88 Representation of Obligee by DHS
REV:07/1994
If this state is acting either as a rendering or a registering
state, the DHS shall represent the obligee in proceedings under
the Rhode Island General Laws, Title 15, Chapter 11, Sections
36 through 40.
0724.25.05.90 Registration Procedure-Notice
REV:07/1994
An obligee seeking to register a foreign support order in a court
of this state, shall transmit to the clerk of the court:
o Three (3) certified copies of the order with all
modifications thereof;
o One (1) copy of the Reciprocal Enforcement of Support Act
of the state in which the order was made; and
o A statement verified and signed by the obligee showing:
The post office address of the obligee;
The last known place of residence and post office
address of the obligor;
The amount of support remaining unpaid;
A description and the location of any property of
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
INTERSTATE CHILD SUPPORT CASES SECTION 0724
the obligor available upon execution; and
A list of the states in which the order registered.
Upon receipt of these documents the clerk of the court, without
payment of a filing fee or other cost to the obligee, shall file
them in the registry of foreign support orders. The filing
constitutes registration under Rhode Island General Law, Title 15,
Chapter 11.
Promptly upon registration, the clerk of the court shall send to
the obligor, via registered or certified mail to the address given,
a notice of the registration with a copy of the registered support
order and the post office address of the obligee. He shall also
docket the case and notify the DHS of his action. The DHS shall
proceed diligently to enforce the order.
Effect of Registration-Enforcement Procedure 0724.25.05.92
REV:07/1994
Upon registration, the registered foreign support order shall be
treated in the same manner as a support order issued by a court of
this state. It has the same effect and is subject to the same
procedures, defenses, and proceedings for reopening, vacating, or
staying as a support order of this state, and may be enforced and
satisfied in like manner.
The obligor has twenty (20) days after the mailing of notice of the
registration in which to petition the court to vacate the
registration, or for other relief. If he does not so petition, the
registered support order is confirmed.
At the hearing to enforce the registered support order, the obligor
may present only matters that would be available to him as defenses
in an action to enforce a foreign money judgement. If he shows to
the court that an appeal from the order is pending or will be
taken, or that a stay of execution has been granted, the court
shall stay enforcement of the order until the appeal is concluded,
the time for appeal has expired, or the order is vacated, upon
satisfactory proof that the obligor has furnished security for
payment of the support ordered as required by the rendering state.
If he shows to the court any ground upon which enforcement of a
support order of this state may be stayed, the court shall stay
enforcement of the order for an appropriate period if the obligor
furnishes the same security for payment of the support ordered that
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0724 INTERSTATE CHILD SUPPORT CASES
is required for a support order of this state.
0724.25.05.94 Uniformity of Interpretations
REV:07/1994
Rhode Island General Law, Title 15, Chapter 11 shall be so
construed as to effectuate its general purpose to make uniform the
law of those state which enact it.
0724.25.05.96 Severability
REV:07/1994
If any provisions of Rhode Island General Law, Title 15, Chapter 11
or the application thereof to any person or circumstance is held
invalid, the invalidity does not affect other provisions or
applications of the chapter which can be given effect without the
invalid provision or application, and to this end the provisions of
Chapter 11 are severable.
0724.25.10 CSE Agency Responsibilities
REV:01/2002
The Department of Administration, Division of Taxation - Child
Support Enforcement is designated as the state information agency
under Rhode Island General Law, Title 15, Chapter 11.1, and it
shall:
o Maintain the official record of support orders and
arrearages of all support orders entered in accordance
with applicable administrative orders issued by the
Rhode Island Family Court.
o Compile a list of the courts and their addresses in
this state having jurisdiction under RIGL 15-11.1 and
transmit it to the state information agency of every
other state which has adopted this or a substantially
similar act. Upon the adjournment of each session of
the General Assembly the agency shall distribute copies
of any amendments to RIGL 15-11.1, and a statement of
their effective date, to all other state information
agencies;
o Maintain a register of lists of courts received from
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
INTERSTATE CHILD SUPPORT CASES SECTION 0724
other states, and transmit copies thereof promptly to
every court in this state having jurisdiction under
RIGL 15-11.1; and
o Forward to the court in this state, which has
jurisdiction over the obligor or his property,
petitions or complaints, certificates and copies of the
act it received from courts or information agencies of
other states;
o Use all means at its disposal to obtain information
regarding the location of the obligor or his property
if the state information agency does not know, or no
state location service is available. This includes the
examination of official records in the state and other
sources such as telephone directories, real property
records, vital statistics records, police records,
requests for the name and address from employers who
are able or willing to cooperate, records of motor
vehicle license offices, requests made to the tax
offices, both state and federal, where such offices are
able to cooperate, and requests made to the Social
Security Administration as permitted by the Social
Security Act, as amended;
o After the deposit of three (3) copies of the petition
or complaint and certificate and one (1) copy of the
act of the initiating state with the clerk of the
appropriate court, if the state information agency
knows or believes that the prosecuting attorney is not
prosecuting the case diligently it shall inform the
Department of Human Services who may undertake the
representations.
CSE Agency Regulatory Provisions 0724.25.10.05
REV:01/2002
The Division of Taxation - Child Support Enforcement Interstate
Unit will provide:
o The same services as in intrastate IV-D cases,
including: establishing paternity and/or orders for
support; processing and enforcing orders referred by
another state; collecting, monitoring and distributing
any support payments received from the absent parent;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0724 INTERSTATE CHILD SUPPORT CASES
o Timely notice to the initiating state of any formal
hearings which may result in establishment or
modification of an order;
o Notice to the initiating state of any new information
within 10 working days of discovery, by submitting an
updated form or a computer generated replica in the
same format and containing the same information;
o Notice to the initiating state when a case is closed;
o A status update within five (5) working days of
receiving the request from another state.
0724.25.15 Initial Case Activities
REV:07/1994
Within 10 working days of the receipt of a case from an initiating
state, the RICSS Interstate Unit will:
o Review the request to ensure that all necessary
documentation is included and complete. When
documentation is inadequate and cannot be remedied by the
Interstate Unit without the assistance of the initiating
state, the Interstate Unit will forward the case for any
action which can be taken, pending action by the
initiating state;
o Forward the case to the State PLS for location services,
or to the appropriate agency for processing;
o Send acknowledgment of the request to the initiating
state, and request any missing documentation;
o Inform the IV-D agency in the initiating state where the
case was sent for action.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
INTERSTATE CHILD SUPPORT CASES SECTION 0724
Establishing a Case 0724.25.20
REV:07/1994
Within 20 calendar days of receiving a request from an out of state
IV-D agency, the RICSS agency will establish a case record and
supplement the case record with all information and documents
pertinent to the case, as well as all relevant facts, dates,
actions taken, contacts made and results in a case. The RICSS
agent will establish an interstate case by:
o Entering data to the appropriate APPD panels using E
(Entry) mode;
o Querying the PRSN (Person Search) on both the absent
parent and child(ren) to determine whether they are on
other IV-D cases. When searching for the absent parent,
do a name search and then a SSN search;
o Making a narrative on the (CONT)ACT, recording any
information or action not automatically recorded on CASE
(TRAC)KING;
o Entering a NEXT CSE REVIEW date, indicating when the case
should be worked next.
NOTE: An INRHODES case will not be established for cases
where only location is requested.
Case Processing Time Frames 0724.25.20.05
REV:07/1994
Within 75 calendar days of receiving an Interstate Child Support
Enforcement Transmittal form and documentation, the interstate
agent will:
o Provide location services when requested or needed;
o Notify the initiating agency of the necessary additions
or corrections if unable to proceed with the case because
of inadequate documentation;
o Process the case to the extent possible if the
documentation received with a case is inadequate and
cannot be remedied by the Interstate Unit without the
assistance of the initiating state, pending necessary
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0724 INTERSTATE CHILD SUPPORT CASES
action by the initiating state.
Within 10 working days of discovering that an absent parent resides
in a different state, the RICSS agency must return the form and
documentation, including the new location, to the initiating state,
or if directed by the initiating state, forward the form and
documentation to the central registry in the state where the absent
parent has been located.
0724.25.25 Responding to Location Requests
REV:07/1994
Upon receiving a Child Support Enforcement Transmittal for location
only services, the RICSS Interstate Unit will:
o Enter the case name on the Out of State Log;
o Follow location procedures as outlined in Section 0716;
o Document location activities on the Out of State Log;
o Forward the copies of all location forms to the
initiating state.
0724.25.30 Requests for Paternity Establishment
REV:07/1994
The interstate unit will review all interstate requests for
paternity establishment. The agent should ensure that the
initiating state could not have established paternity via its long
arm statute before proceeding with the case. If it is necessary for
Rhode Island to establish paternity, the agent will:
o Review the case to ensure that the necessary
documentation has been provided. Besides the Child
Support Enforcement Transmittal, the initiating state is
required to provide a birth certificate and paternity
affidavit for each child;
o Establish a case in INRHODES;
o Enter DAIL/DOCKET NUMBER PROCESSING to obtain a docket
number. The system will show whether there are other
docket numbers for this absent parent and custodial
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
INTERSTATE CHILD SUPPORT CASES SECTION 0724
parent combination:
When there is already a docket number for this
putative father/custodial parent/initiating State
combination use the same docket number;
When no docket number is found, generate a new
docket number for the case.
o After the docket number has been assigned, proceed as
with any URESA petition.
Request Received to Establish a Court Order 0724.25.35
REV:07/1994
When a foreign court case is received by the interstate unit, it
must be time stamped and entered in a log. The petition should then
be reviewed by the agent for accuracy and completeness:
o All necessary forms and documents attached;
o Consistency between actions requested on the Child
Support Enforcement Transmittal and the actions requested
in the petition;
o If arrears are being sought, there must be an affidavit
of arrears and a certified copy of the court order under
which they accrued;
o If it is a request to establish paternity that could not
have been done under the initiating State's long arm
statute, a birth certificate and a paternity affidavit
are needed for each child;
o Is the general testimony complete (in particular
questions dealing with the custodial parent's income)?;
o If the information is inadequate or inaccurate, the
initiating State must be notified; until all
documentation and/or clarification is received, the
petition will be kept in a pending file;
o Acknowledgment of the receipt of the petition must be
sent to the initiating State within 10 days of the
receipt of the petition by the responding State;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0724 INTERSTATE CHILD SUPPORT CASES
o If the petition is ready for service by the constable,
the agent will generate the necessary forms from FORM
function and the clerical unit will forward one copy of
the petition to R.I. Family Court for the court file; one
will go to the constable for personal service and the
third will be placed in the RICSS file;
The Constable has three weeks in which to obtain successful
service. At the end of that time, (s)he will return the packet to
the administrative secretary regardless of whether successful
service was obtained. The secretary will record the service
results on the DAIL CONS panel and return the case to the clerical
pool if the service was good.
If successful service could not be made, the packet will be
returned to the interstate agent who will notify the initiating
State of the location problem and ask for any additional
information on the absent parent's whereabouts and/or place of
employment. The agent will also initiate new location activities on
his/her own.
0724.25.40 Responding to Enforcement Requests
REV:07/1994
The RICSS agency will respond to enforcement requests from other
states as indicated on the Child Support Enforcement Transmittal.
However, Rhode Island does not have the authority to enforce out of
state orders administratively. Therefore, when a request is
received for enforcement of an existing order (URESA), the RICSS
agent will return the request advising the other state that
enforcement cannot be done as requested. The RICSS agency will
advise that Rhode Island can only enforce an out of state order by
interstate income withholding, registering the order, or by
establishing a Rhode Island order.
0724.25.40.05 Interstate Income Withholding Requests
REV:07/1994
Rhode Island provides the same income withholding services to
interstate cases as it does for in-state cases. Rhode Island law
requires employers to comply with a withholding notice issued by
the State.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
INTERSTATE CHILD SUPPORT CASES SECTION 0724
Responsibilities of the Initiating State 0724.25.40.05.05
REV:07/1994
When the initiating state verifies that an absent parent has income
derived from another state, it will promptly notify the state in
which the absent parent is employed to implement interstate
withholding. The notice contains all information necessary to
carry out the withholding including:
o The amount requested to be withheld;
o A copy of the support order; and
o A statement of arrearage.
Responsibility of RICSS as Responding State 0724.25.40.05.10
REV:07/1994
The RICSS agency will promptly implement the requests for
interstate income withholding:
o Provide advance notice to the absent parent of the
withholding and the opportunity to contest the action;
o Provide notice (administrative order) to the employer;
o Notify the initiating state when the absent parent ends
employment; and
o Provide the name and address of the absent parent's new
employer, if known.
Interstate income withholding must be carried out in full
compliance with all procedural due process requirements of the
state in which the absent parent is employed. Except with respect
to when a withholding order can be implemented, which is controlled
by the state where the support order was entered, the law and
procedures of the state in which the absent parent is employed
apply.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0724 INTERSTATE CHILD SUPPORT CASES
0724.25.40.10 Processing Administrative Income Withholding
REV:07/1994
In receiving requests for interstate wage withholding, R.I. as the
responding State, should time stamp the request and log it in the
Interstate Central Registry Log. These requests should be
submitted on the Child Support Enforcement Transmittal in packets
of three and have all the appropriate documentation attached:
o Certified copy of the order and any modifications;
o Notarized arrears affidavit;
o Copy of the withholding laws of the State in which the
order was entered;
o Before proceeding with the case, the agent should verify
the place of employment;
o Acknowledge receipt of the request within 10 days of the
date received;
o Assign a docket number to the case;
o Print the Advance Notice of Proposed Income Withholding
from the FORM function.
0724.25.40.10.05 Docket Number Processing
REV:07/1994
The RICSS agency will:
o Enter DAIL/DOCKET NUMBER PROCESSING to obtain a docket
number. The system will show whether there are other
docket numbers for this absent parent/custodial
parent/State combination:
When there is a R.I./R.I. docket number existing
for this custodial parent/absent parent
combination, that number is to be put on "hold" by
the Junior Systems Specialist if the same case
suffix is to be used for the interstate case;
When there is already a docket number for this
absent parent, custodial parent and the state the
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
INTERSTATE CHILD SUPPORT CASES SECTION 0724
case is being referred from, use that docket
number;
When no docket number is found, obtain a new docket
number.
Serving the Advance Notice 0724.25.40.10.10
REV:07/1994
Advance notice of income withholding may be delivered to the absent
parent by either personal service or certified mail. If it is done
by personal service it may be delivered to the place of employment.
The constable has 3 weeks in which to serve the absent parent. At
the end of the 3 weeks, the packet must be returned regardless of
whether it was successfully served. Upon receiving the packet back
from the constable, the secretary will:
o Record the service action on the DAIL/CONS panel;
o Return the packet to the agent if the service was
unsuccessful. The agent should notify the initiating
State and make diligent efforts to locate the absent
parent's new place of employment.
An absent parent has 20 calendar days from the date of service to
contest the proposed action. The protest must be in writing and
state the reason for the protest.
When the absent parent does not contest the action, the agent will
initiate the Administrative Order to Withhold Income from the FORM
function;
The clerical pool will:
o Take this administrative order to legal for signature;
o The signed order may then be delivered to the employer by
either certified mail or personal service by a constable;
Upon receiving verification that the employer has received the
withholding order, the agent will make all appropriate entries in
the APPD/EMPL panel thus ensuring that the employer will receive a
monthly transmittal statement to send to R.I.Family Court with the
withheld payments.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0724 INTERSTATE CHILD SUPPORT CASES
o The unit supervisor will complete and transmit to R.I.
Family Court a CSS-1 form that will be used to input the
order amount and frequency into the system.
0724.25.40.15 URESA Action to Enforce
REV:07/1994
Once Rhode Island has entered an order on behalf of an out of state
custodial parent, the initiating state may request enforcement of
that order. The RICSS agent will enforce the order as requested on
the Child Support Enforcement Transmittal and according to policies
and procedures outlined for in-state cases.
0724.25.40.20 Registration of a Foreign Support Order
REV:07/1994
When a Child Support Enforcement Transmittal is received requesting
registration of a foreign support order, the RICSS agent will
review the incoming petition to ensure that the transmittal is
complete and accurate. Incoming petitions should consist of three
complete and separate identical packets each of which consist of:
o A certified copy of the order and any modifications;
o If arrears are being sought, a certified copy of the
arrears affidavit (showing a month by month history of
how the arrears accrued);
o A certified copy of the Statement of Fact form;
o A copy of the initiating state's URESA laws;
When the review is completed and the petition is complete and
accurate the agent will:
o Input the case into the system. Do not obtain a docket
number for this type of case. Later in the process, R.I.
Family Court will assign a special docket number (RFS
number)for these foreign court registration cases.
o Prepare the 3 copies of the Order of Confirmation;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
INTERSTATE CHILD SUPPORT CASES SECTION 0724
o Forward the entire case file to the legal unit for review
and signature of the Order of Confirmation;
When the legal unit returns the file, one packet will remain in the
RICSS file and the remaining two WITH ALL THREE COPIES OF THE ORDER
OF CONFIRMATION are to be forwarded to R.I. Family Court.
The Family Court will:
o Assign the RFS docket number;
o Send a certified letter along with one packet of the
petition to the absent parent. This letter will inform
the absent parent the foreign court order has been
registered (making it enforceable in a R.I. Court) and
the absent parent has 20 days to request that the
registration be vacated;
o If the absent parent does not dispute the registration,
the three copies of the Order of Confirmation are
certified by the court, one is retained for the court
file and the remaining two are returned to RICSS where
one is placed in the RICSS file and the other mailed to
the initiating State;
o If the absent parent disputes the registration, Family
Court will set a hearing date. If the certified mail is
not deliverable, Family Court will notify RICSS. In
either case the initiating State must be notified;
o When the order becomes registered, it may be enforced
just as any order entered by a R.I. court.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
MODIFICATION OF CHILD SUPPORT ORDERS SECTION 0726
INTRODUCTION 0726.05
REV:01/2002
Under federal regulations and State statutes, the Division of
Taxation - Child Support Enforcement is required to provide for
the review and modification/adjustment of child support orders
being enforced under Title IV-D of the Social Security Act.
These reviews will be conducted as a result of either a request
from any party subject to a child support order in the State or
because of federal mandatory review requirements. Mandatory
reviews are required only for the following types of cases: FIP,
MAO (Medical Assistance Only), and IV-E Foster Care.
Although requests for reviews will be evaluated by Division of
Taxation - Child Support Enforcement staff, only R. I. Family
Court can make a decision to actually modify or adjust an order
entered in a R. I. court. Division of Taxation - Child Support
Enforcement's decision whether or not to refer a request for a
review of a R. I. order to the R.I. Family Court will be made in
a accordance with the criteria specified in section 0726.05.05.
The same criteria will be applied in reviewing requests for
reviews in interstate cases.
In the case of mandated reviews, for those orders entered in a
R.I. court, Division of Taxation - Child Support Enforcement will
initiate the process whereby each such case will be brought to
hearing before R. I. Family Court where the review will be
conducted. For orders entered in jurisdictions outside R.I.,
Division of Taxation - Child Support Enforcement will petition
the other State to review the order.
Criteria for Modification-Requested Reviews 0726.05.05
REV:01/2002
Under federal regulations and State statutes, Division of
Taxation - Child Support Enforcement is required to respond to
requests for reviews of support orders being enforced under Title
IV-D of the Social Security Act from either parent subject to a
child support order in the State. Requests by either parent for
a review must be accompanied by information that demonstrates a
change in circumstances that meets the criteria listed below.
Referral of requests for reviews to the R. I. Family Court for
hearing may be denied by Division of Taxation - Child Support
Enforcement because the request fails to meet any of the criteria
listed below. (See Section 0726.05.20 for Division of Taxation -
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0726 MODIFICATION OF CHILD SUPPORT ORDERS
Child Support Enforcement responsibilities on interstate cases).
HOW TO APPLY FOR A REVIEW
A request for a review must be made in writing. The request must
contain information that will enable the Division of Taxation -
Child Support Enforcement to determine if it meets any of the
criteria listed below. It should be mailed to:
Division of Taxation - Child Support Enforcement
77 Dorrance St., Providence, RI 02903
Division of Taxation - Child Support Enforcement must make a
decision whether or not the order should be reviewed within
fifteen (15) days of receipt of all information needed to make a
decision.
CRITERIA FOR REFERRING REQUESTS FOR REVIEW TO R.I. FAMILY COURT
The Division of Taxation - Child Support Enforcement's response
to a request for a review will consist of evaluating the request
to determine if there is sufficient evidence/documentation to
meet any of the following criteria that would warrant a hearing
in R.I. Family Court:
o The existing support order would deviate fifteen
percent (15%) or more as a result of applying new
income information to the State's Child Support
Guidelines.
o That health insurance is available at reasonable cost
to the absent parent and the existing support order
makes no provision for the health care needs of the
children covered by the order.
o To add an additional child of the parties to the order
who is not covered by the existing support order.
o There has been a custody change or a change in the
responsibility for care of a child covered by the
order.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
MODIFICATION OF CHILD SUPPORT ORDERS SECTION 0726
Requested Reviews 0726.05.10
REV:01/2002
REQUESTS FROM CUSTODIAL PARENTS
If the Division of Taxation - Child Support Enforcement's
evaluation of the custodial parent's request for a review of the
order determines that a hearing before R.I. Family Court is
warranted, a court date will be assigned and the Division of
Taxation - Child Support Enforcement will provide for the service
of process to both parties to the order. Once served, the
custodial parent will be required to appear and give testimony at
the court hearing. The Division of Taxation - Child Support
Enforcement will represent the custodial parent in the court
hearing.
If the Division of Taxation - Child Support Enforcement
determines that circumstances do not warrant a hearing in R.I.
Family Court, the requesting custodial parent is notified. This
notification will also inform the custodial parent that s/he may
submit additional information not previously provided if s/he
would like Division of Taxation - Child Support Enforcement to
reevaluate the request. Also included in this notice will be
information about the "pro se" (on your own) process whereby the
custodial parent may file a motion for modification with the
court without the involvement of Division of Taxation - Child
Support Enforcement.
REQUESTS FROM ABSENT PARENTS
Division of Taxation - Child Support Enforcement will evaluate a
request from an absent parent to see if it meets any of the
modification/adjustment criteria listed in section 0726.05.05 and
notify the absent parent of the results of the evaluation. This
notification will be informational in nature only. It will
indicate to the absent parent whether the circumstances presented
indicate that an modification/adjustment hearing in R.I. Family
Court seems warranted or not. It will also inform the absent
parent of the "pro se" (on your own) process for filing a motion
with the court. The Division of Taxation - Child Support
Enforcement's responsibilities do not include scheduling a
hearing date, representing the absent parent in any hearing
before the R.I. Family Court, or in interstate cases, petitioning
an out-of-State jurisdiction for a review of the order on behalf
of the absent parent.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0726 MODIFICATION OF CHILD SUPPORT ORDERS
The requesting absent parent, like the requesting custodial
parent, will be afforded the opportunity to provide additional
information not previously submitted if a reevaluation of the
request for review is desired. This second evaluation, like the
first, will simply give the absent parent an indication of
whether a court hearing may or may not result in a modification
of the order. All decisions on whether or not to modify an order
rest with the court.
0726.05.15 Mandatory Reviews
REV:01/2002
Under federal regulations and State statutes, a review of an
order is required without the need of a request from either
parent in the following type cases; except as provided below, all
FIP, Medical Assistance Only, and IV-E Foster Care cases where it
has been either thirty-six (36) months since the order was
entered or thirty-six (36) months since the order was last
reviewed.
FIP and IV-E Foster Care cases will automatically be referred to
R. I. Family Court for adjustment hearings when they meet the
above criteria. No other criteria need be met before referral to
court is made. (See section 0726.05.20 for procedures on
interstate cases.)
Medical Assistance Only cases will be referred to R. I. Family
Court only if there is no court order providing for the health
care needs of a child who is included in the Medical Assistance
Only case. (See section 0726.05.20 for procedures on interstate
cases.)
Cases with characteristics for mandatory review that NEED NOT BE
REVIEWED ARE those where:
o Case closure criteria exists. (See Sections 0714.35.05
and 0714.35.10.)
o The youngest child covered by the order is at least
seventeen (17) years six (6) months old, and there is
no outstanding past due support.
o There has been a good cause granted in the case for not
pursuing child support. (See Section 0704.25.10.)
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
MODIFICATION OF CHILD SUPPORT ORDERS SECTION 0726
Review and Modification - Interstate Cases 0726.05.20
REV:01/2002
R.I. AS THE RESPONDING STATE
Reviews of orders on interstate cases must be performed by the
State where the order was entered. For Division of Taxation -
Child Support Enforcement interstate cases, these will be
identified by a case status of UR (URESA Responding). This
indicates that R.I. has responded to a request to establish a
R.I. order on behalf of another State. When a request for review
of an order is received in these types of cases, Division of
Taxation - Child Support Enforcement must respond by evaluating
the request and determining whether it meets the criteria for
referral to R. I. Family Court for an adjustment hearing just as
it does on instate cases. However, in UR cases, no review of the
order will be conducted unless a request is received - regardless
of the age of the order.
Any requested review of an order on a FIP/AFDC case with a UR
case status where it has been three years since the order was
entered or three years since the last review, will automatically
be referred to R. I. Family Court for an adjustment hearing. No
other criteria for review need be met.
Notification requirements and the time frames for completion of
reviews are the same as they are for instate cases. The Division
of Taxation - Child Support Enforcement is responsible for
sending any required notices regarding the review to the parent
in R. I. and to the parent in the initiating State through that
State's local enforcement agency.
R.I. AS THE INITIATING STATE
When acting as the initiating State (UI case status), Division of
Taxation - Child Support Enforcement must respond to a request
for review of the order by evaluating the request to determine
whether it should be forwarded to the responding State (the State
where the order was entered). The decision whether to forward
the request to the responding State is based on the same criteria
used in determining whether instate requests for reviews should
be referred to R. I. Family Court.
Any active FIP, or IV-E Foster Care case where it has been three
(3) years since the order was entered or three (3) years since
the order was last reviewed, will automatically be referred to
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0726 MODIFICATION OF CHILD SUPPORT ORDERS
the responding State for review. There will be no need to
evaluate whether the case should be referred or not. Of course,
the decision whether to adjust the order or decide that no
adjustment is warranted will rest with the responding State.
For MAO cases where it has been three (3) years since the order
was entered or three (3) years since the order was last reviewed,
the case will only be referred to the other jurisdiction if the
existing order does not provide for the health care needs of a
child who is included in the Medical Assistance Only household.
In each of these three (3) types of cases, FIP, MAO, and IV-E
Foster Care, the Division of Taxation - Child Support Enforcement
will have met its responsibilities under the federal regulations
pertaining to the periodic review and adjustment of support
orders by making the referral to the other State.
0726.10 RETROACTIVE MODIFICATION OF CHILD SUPPORT
REV:07/1994
Notwithstanding the provisions of Rhode Island General Law, Title
15, Chapter 5, Section 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 it finds
that a substantial change in circumstances has occurred. 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 fact the court has decided to make its order of modification
retroactive. The court in its discretion may for good cause shown
suspend payment of child support arrearages until there is a
finding by the court of financial ability to make payment on
arrearages.
0726.15 EMANCIPATION
REV:01/2002
Pursuant to Rhode Island law, a child is emancipated upon his or
her eighteenth birthday. However, 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. Furthermore, an absent parent is obligated to continue
paying current child support until s/he has obtained a
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
MODIFICATION OF CHILD SUPPORT ORDERS SECTION 0726
modification terminating that obligation. Therefore, the
Division of Taxation - Child Support Enforcement agent will
continue to enforce an order until such time as notification is
received, from the Family Court, that the order has been
terminated.
MODIFICATION 0726.25
REV:01/2002
An order may be modified in one of two ways:
o Filing a Motion to Modify when only a modification is
being sought. The absent parent is making payments as
ordered;
o Filing a Motion to Adjudge in Contempt and to Modify,
when both a modification and enforcement of the order
are needed.
In non-assistance (NA) cases, the Division of Taxation - Child
Support Enforcement agent will get prior approval of the Division
of Taxation - Child Support Enforcement attorney before filing
for a modification.
Motion to Modify 0726.25.05
REV:01/2002
To file a Motion to Modify, the Division of Taxation - Child
Support Enforcement agent will:
o Obtain a completed expense sheet from the custodial
parent;
o Print the appropriate Motion to Modify packet;
o Select a court date and indicate that Constable service
is being requested.
The clerical pool will receive the packet and:
o Review the forms;
o Take the packet to the Division of Taxation - Child
Support Enforcement Legal Unit for signature;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0726 MODIFICATION OF CHILD SUPPORT ORDERS
o Take the packet to Family Court to obtain the Family
Court seal;
o Give the packet to the Constable for service.
The constable has three (3) weeks in which to obtain successful
service. At the end of that time, s/he will return the packet to
the administrative secretary regardless of whether successful
service was obtained. The secretary will record the service
results on the DAIL CONS panel.
0726.25.05.05 The Absent Parent is Successfully Served
REV:01/2002
When successful service is obtained, the clerical pool will:
o Send the original packet to the Family Court;
o File a copy of the packet in the Division of Taxation -
Child Support Enforcement case record;
o File the case record in the court tickler file by court
date;
o Take the case to the Family Court two (2) days before
the hearing.
0726.25.05.10 The Absent Parent Cannot be Served
REV:07/1994
When the absent parent cannot be served the Administrative
Secretary will return the packet to the agent. The agent will:
o Review the Constable Return Form to see what attempts
were made at service;
o Attempt to verify another address;
o When a new address is verified:
Update the appropriate APPD panel(s);
Repeat the process beginning with printing the
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
MODIFICATION OF CHILD SUPPORT ORDERS SECTION 0726
Complaint for Support packet;
o When a new address cannot be verified, enter a B (Bad) in
the VERIFICATION field on the appropriate APPD panel
(ABSP or EMPL).
Motion to Adjudge in Contempt and to Modify 0726.25.10
REV:07/1994
When the decision is to file a Motion to Adjudge in Contempt
and to Modify, the agent will:
o Obtain from the custodial parent:
A completed expense sheet; and
An Arrearage Affidavit.
o Follow procedures as outlined under Section 0722.15
Contempt Processing.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT FINANCIAL MANAGEMENT SECTION 0728
LEGAL BASIS-COLLECTIONS BY THE STATE 0728.05
REV:07/1994
Whenever an individual assigns his/her support rights to the State,
that assignment constitutes an obligation owed to Rhode Island by
the individual responsible for providing such support. Such an
obligation is collectible under all applicable State and local
processes. Likewise, whenever the Department of Children, Youth
and Families (DCYF) or such other department, agency, society,
institution or person having the charge, care or custody of a child
must pay for the support and maintenance of a child, the parents of
the child are liable for the support and maintenance of the child
and are liable for the reimbursement to the DCYF or other
department, agency, society, institution or person having the
charge, care, or custody of a child for the support and maintenance
of the child.
ARREARAGE 0728.10
REV:07/1994
An arrearage is a debt that results because of an unpaid support
obligation. An arrearage accrues at the rate of the unpaid
periodic child support amount.
UNREIMBURSED ASSISTANCE 0728.15
REV:01/2002
The Department of Human Services shall not seek reimbursement for
AFDC/FIP remitted either from the custodial or non-custodial
parent, except in cases of fraud.
INTEREST ON ARREARAGES 0728.20
REV:01/2002
All alimony and support obligations established under Rhode
Island General Law, Title 15, Chapter 5 which are in arrears
shall be subject to the imposition of interest at the rate of
twelve percent (12%) per annum at the discretion of the court.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0728 CHILD SUPPORT FINANCIAL MANAGEMENT
0728.20.05 Imposition of Late Payment Fees
REV:01/2002
The State has elected to impose a late payment fee on absent
parents who owe overdue support. A late payment fee:
o Must be uniformly applied in an amount not less than
three percent (3%) nor more than six percent (6%) of
overdue support;
o Shall accrue as arrearages accumulate, and shall not be
reduced upon partial payment of arrears;
o May be collected only after the full amount of overdue
support is paid and any requirements under State law
for notice to the absent parent have been met;
o Must not directly or indirectly reduce the amount of
current or overdue support paid to the individual to
whom it is owed;
o Must be imposed in public assistance cases, Medical
Assistance only cases, and non-assistance (NA) cases.
0728.25 FEES
REV:01/2002
A fee represents an amount due as payment for services rendered.
IV-D fees include but are not limited to blood testing fees,
non-assistance (NA) fees, and services for location only.
0728.30 VERIFICATION OF CHILD SUPPORT PAYMENTS
REV:01/2002
When calculating a child support debt, the Division of Taxation -
Child Support Enforcement agent will document any information
used to determine the debt amount. In addition, s/he will
explain how, why, and when the information was obtained and
exactly what it verifies. The following resources can be used in
calculating the amount of child support owed:
o The amount of assistance paid on behalf of the payee
and each child;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT FINANCIAL MANAGEMENT SECTION 0728
o The amount of court ordered support due. This will be
calculated by using the original court order and any
subsequent modifications;
o The absent parent's payment receipts, the custodial
parent's Affidavit of Arrearage, and/or the circuit
clerk payment records.
DISTRIBUTION 0728.35
REV:07/1999
Distribution refers to the act of collecting child support
payments and disbursing those payments to the proper individual
or agency.
Prior to October 1, 1998, for purposes of distribution in IV-D
cases, amounts collected, other than collections made through
Federal or State income tax offset, are treated first as payment
on the required child support obligation for the month in which
the support was collected, next applied to any applicable "A"
(AFDC/FIP) arrearage, and then "N" (Non-AFDC/FIP) arrearage.
Amounts collected through Federal and State income tax refund
offset must be applied to arrears owed to the State ("A"), then
applied to arrears owed to the client ("N"), unless otherwise
specified in a support order(s).
On or after October 1, 1998, distribution is subject to new
criteria based on the client's FIP or former AFDC/FIP status,
assignment requirements, and priority ordering of arrearages as
outlined in the following subsections.
The Department of Administration, Division of Taxation-Child
Support Enforcement will re-process child support collections
under the(se) new rules, and to the extent that additional monies
are owed to families, such payments will be authorized. If
families are adversely affected by the new rules, no amount will
be owed for any collection made prior to July, 1999.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0728 CHILD SUPPORT FINANCIAL MANAGEMENT
0728.35.02 Definitions
REV:07/1999
ASSISTANCE PAID TO THE FAMILY -- For child support enforcement
purposes, the term "assistance paid to the family" means money
payments paid in cash, checks, or warrants immediately redeemable
at par to eligible families under a State Plan approved under
Title IV-A.
ASSISTANCE -- The term "assistance from the State" means
assistance under the State program funded under Title IV-A of the
Social Security Act or under the State plan approved under Title
IV-A (as in effect on August 21, 1996).
FEDERAL SHARE -- The term "Federal share" means that portion of
the amount collected resulting from the application of the
Federal medical assistance percentage in effect for the federal
fiscal year in which the amount is distributed.
FEDERAL MEDICAL ASSISTANCE PERCENTAGE (FMAP) -- The term "Federal
medical assistance percentage" means the Federal medical
assistance percentage (as defined in section 1905(b) of the Act,
as such section was in effect on September 30, 1995) in the case
of any other State.
STATE SHARE -- The term "State share" means one hundred percent
(100%) of the amount collected which does not exceed the
cumulative unreimbursed assistance, minus the Federal share.
CURRENT ASSISTANCE CASE -- The term "current assistance case"
means any IV-D case which is currently receiving TANF (FIP)
assistance.
FORMER ASSISTANCE CASE -- The term "former assistance case" means
any IV-D case which formerly received AFDC or TANF (FIP)
assistance.
NEVER-ASSISTANCE CASE -- The term "never-assistance case" means
any IV-D case which has never received AFDC or TANF (FIP)
assistance.
PERMANENTLY-ASSIGNED ARREARAGES -- The term "permanently-assigned
arrearages" means those arrearages which do not exceed the
cumulative amount of unreimbursed assistance paid to the family
as of the date the family leaves the assistance rolls: (1) which
are or were assigned under an assignment of support rights in
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT FINANCIAL MANAGEMENT SECTION 0728
effect on September 30, 1998, and (2) which accrued under an
assignment entered into on or after October 1, 1998, while a
family is receiving assistance.
TEMPORARILY-ASSIGNED ARREARAGES -- The term "temporarily-assigned
arrearages" means those arrearages which accrued prior to the
family receiving assistance and which were assigned to the State
after September 30, 1998. These arrearages are not permanently
assigned and the temporary assignment will expire when the family
leaves the assistance program.
CONDITIONALLY-ASSIGNED ARREARAGES -- The term
"conditionally-assigned arrearages" means those arrearages which
do not exceed the cumulative amount of unreimbursed assistance
paid to the family as of the date the family leaves the
assistance rolls. They are owed to the family unless they are
collected through Federal income tax refund offset. They are
arrearages which were temporarily assigned to the State and
became conditionally assigned to the State when the temporary
assignment expired. If a conditionally-assigned arrearage is
collected through a Federal income tax refund offset, the
collection is retained by the State to reimburse the State and
the Federal government up to the cumulative amount of
unreimbursed assistance paid to the family. Collections of
conditionally-assigned arrearages by any other enforcement
mechanism are paid to the family.
NEVER-ASSIGNED ARREARAGES -- The term "never-assigned arrearages"
means all arrearages in never-assistance cases, and, in former
assistance cases, means those arrearages that accrue after the
family's most recent period of assistance ends.
UNASSIGNED DURING-ASSISTANCE ARREARAGES -- The term "unassigned
during-assistance arrearages" means all previously-assigned
arrearages which exceed the cumulative amount of unreimbursed
assistance when the family leaves the assistance program and
which accrued during the receipt of assistance.
UNASSIGNED PRE-ASSISTANCE ARREARAGES -- The term "unassigned
pre-assistance arrearages" means all previously-assigned
arrearages which exceed the cumulative amount of unreimbursed
assistance when the family leaves the assistance program and
which accrued prior to the receipt of assistance.
UNREIMBURSED ASSISTANCE -- The term "unreimbursed assistance"
means the cumulative amount of assistance paid to a family for
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0728 CHILD SUPPORT FINANCIAL MANAGEMENT
all months which has not been repaid by assigned support
collections. The total amount of unreimbursed assistance a State
may recover through the IV-D program is limited by the total
amount of the assigned support obligation.
0728.35.02.05 Date of Collection
REV:07/1999
This section is divided into policy and procedures to be followed
based on support collected before October 1, 1998 and on or after
October 1, 1998.
For support collected before October 1, 1998:
INTERSTATE CASES
For collection and distribution purposes, an interstate case is
one in which one of the parties resides in Rhode Island and the
other resides out of state. The following rules shall be used
for determining the date a child support payment is made by a
noncustodial parent in interstate cases:
o The date of collection for distribution purposes in IV-D
interstate cases shall be the date on which the payment is
received by the IV-D agency in Rhode Island or the legal
entity of any State or political subdivision actually making
the collection, whichever is earliest. For interstate
cases, the responding IV-D agency must include sufficient
information to identify the case and indicate when the
payment was received at the initial point of receipt by the
IV-D agency or legal entity of the State or political
subdivision actually making the collection, whichever is
earlier. In the absence of sufficient information, the
Department of Administration, Division of Taxation-Child
Support Enforcement must promptly obtain this data.
o When the custodial parent turns in support payments which
were received directly from the noncustodial parent, the
Department of Administration, Division of Taxation-Child
Support Enforcement will use the date on the check or money
order as the date of collection unless the custodial parent
can provide proof that the payment was made at another time.
If the support payments were forwarded to the custodial
parent from another jurisdiction, the Department of
Administration, Division of Taxation-Child Support
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT FINANCIAL MANAGEMENT SECTION 0728
Enforcement must contact the other jurisdiction to ascertain
the date the collection was made in that jurisdiction.
IN-STATE CASES
An in-state case is one in which both parties reside in Rhode
Island. The following rules shall be used for determining the
date a child support payment is made by a noncustodial parent in
in-state cases:
o With respect to in-state payments made through wage or other
income withholding that are received by the IV-D agency, the
date of collection for distribution purposes shall be the
date the wages or other income are withheld (pursuant to a
court or administrative order for income withholding) to
meet the support obligation. If the employer fails to
report the date of withholding, the IV-D agency must
reconstruct that date by contacting the employer, or
comparing actual amounts collected with the pay schedule
specified in the court or administrative order;
o With respect to in-state payments (except for tax offset,
income withholding collections, and payments made in person
at the R.I. Family Court or any DHS office), the date of
collection for distribution purposes shall be the date the
payment is mailed as evidenced by a legible U.S. Postal
Service postmark or a legibly dated receipt from a
commercial carrier. For payments made in person at the R.I.
Family Court or any DHS office, the date of collection is
the date the payment is tendered;
o The policy on support payments made directly to the
custodial parent from either the noncustodial parent or
another jurisdiction is the same for in-state cases as it is
for interstate cases. (See above policy for interstate
cases.)
o If none of the above are applicable, the date of collection
shall be the date the payment was actually received by the
Department of Human Services or its agent, R.I. Family
Court.
For support collected on or after October 1, 1998, the date of
collection is, for amounts collected and distributed under title
IV-D of the Act, the date of receipt by the State disbursement
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0728 CHILD SUPPORT FINANCIAL MANAGEMENT
unit, except when current support is withheld by an employer in
the month when due and is received by the State disbursement unit
in a month other than the month due. When this occurs, the date
of withholding is deemed to be the date of collection.
0728.35.04 Payment Received
REV:07/1999
Prior to October 1, 1998, any amount collected in a month is
considered payment on the required support obligation for the
month in which the support was collected and will be sent to the
family within fifteen (15) calendar days of the date of initial
receipt by the State.
On or after October 1, 1998, any amount collected is distributed
according to the order of distribution based on the family's FIP,
non-FIP, or former FIP status as outlined in Sections 0728.35.05
and 0728.35.10 and any payment distributed to the family shall be
sent to the family within two (2) business days of the
determination that the amount is due and owing.
0728.35.05 Distribution for Current FIP Recipients
REV:07/1999
All child support amounts collected, except for amounts collected
through Federal income tax refund offset, must be treated first
as payment on the required support obligation for the month in
which the support was collected and if any amounts are collected
which are in excess of such amount, these excess amounts shall be
treated as amounts which represent payment on the required
support obligation for previous months.
The State shall retain all collections of child support up to the
amount of unreimbursed assistance while a family receives cash
assistance under the FIP Program.
Prior to October 1, 1998, any collections of child support shall
be distributed in the following order:
To satisfy:
* Current support and, as appropriate, current spousal
support;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT FINANCIAL MANAGEMENT SECTION 0728
* FIP arrears and spousal arrears;
* MA reimbursement;
* Non-FIP arrears if there are active SSI children;
reimbursement; and
* Non MA reimbursement.
Any collections on or after October 1, 1998 shall be distributed
in the following order:
To satisfy:
* Current support and, as appropriate, current spousal
support;
* FIP arrears, temporary arrears, and spousal arrears;
* MA reimbursement;
* Non-FIP arrears if there are active SSI children;
reimbursement; and
* Non MA reimbursement.
Amounts collected by the Department of Administration, Division
of Taxation-Child Support Enforcement are accessible to the IV-A
agency in INRHODES as soon as such collection is posted.
Hard-copy reports of cases receiving Excess of Grant payments
(Section 0728.35.10) and Excess of Unreimbursed Assistance
payments are generated monthly by record location and distributed
for follow-up. Upon review of the reports of these amounts, the
IV-A agency will determine if such amounts are sufficient to make
families ineligible for an assistance payment. If so, the IV-A
agency representative closes the case; INRHODES automatically
codes the case as "N" (Non-AFDC/FIP) and issues a Continuation of
Services letter explaining that the Child Support Enforcement
agency will continue to provide IV-D services.
In any case in which direct support payments are received by a
FIP recipient with respect to whom an assignment is in effect,
such payments shall be endorsed over to the Department of
Administration, Division of Taxation-Child Support Enforcement
or Family Court, as appropriate, and not retained by the family.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0728 CHILD SUPPORT FINANCIAL MANAGEMENT
0728.35.05.05 Payment of Bonus to FIP Families
REV:07/1999
As outlined in Section 0728.35.05, all child support collections
made on behalf of current FIP clients shall be retained by the
state up to the cumulative amount of unreimbursed assistance.
DHS will authorize payment to the family an amount equal to a
maximum of the first fifty dollars ($50) of such monthly payments
received in that month, and the first fifty dollars ($50) of
payments for each prior month received in that month which were
made by the obligor(s) in the month when due. This payment,
known as the "bonus" or "disregard", is not counted as income to
the FIP assistance unit and is meant to provide additional income
to the FIP family as an incentive for the caretaker relative to
cooperate with the Department of Administration, Division of
Taxation-Child Support Enforcement in collecting support from the
obligor(s). However, the fifty dollars ($50) bonus is counted as
income in the Food Stamp Program.
Any amounts of bonus that DHS authorizes to the cash assistance
family will be sent to the family within two (2) business days of
the determination that the amount is due and owing or within two
(2) business days of the end of the month. If less than fifty
dollars ($50) is collected in a month, the amount will be sent to
the family within two (2) business days of the end of the month
in which the support was collected. No bonus will be paid to a
family if collections received in a month are for amounts
collected through federal income tax offsets, or are amounts
collected pursuant to a court order for arrearage payments, or
for reimbursement to DHS. Upon a showing by DHS that a support
payment was not "made" (in accordance with Section 0728.35.02.05,
Date of Collection) in the month when due, no bonus will be
issued, but in the absence of such evidence, a child support
payment shall be deemed timely made and the client shall be
deemed entitled to a bonus payment.
If amounts are collected for one FIP household which represent
child support payments from two (2) or more obligors, only an
amount representing the first fifty dollars ($50) of the total
amount collected for the combined required support obligation(s)
for the month may be paid to the family.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT FINANCIAL MANAGEMENT SECTION 0728
Payment in Excess of Grant 0728.35.05.10
REV:07/1999
Any amount collected during the month which represents payment on
the required support obligation for that month, and is in excess
of the fifty dollars ($50) bonus or disregard, shall be retained
by the State to reimburse, in whole or in part, the assistance
payment for the month in which the support was collected or the
next month.
If the monthly amount owed and collected is greater than the
assistance payment for the month, DHS authorizes payment to the
family an amount equal to the difference between the assistance
payment for the month and the court ordered amount for that
month. This payment will be made in the month following the
month in which the amount of the collection was used to
redetermine eligibility for a FIP payment. If the court ordered
amount is less than the FIP payment, no amount shall be paid to
the family. In cases in which there is no court order, the
family shall not be paid any amount under this section.
Any month in which the amount collected exceeds the current
support due, the State will retain such amount as reimbursement
of past assistance payments up to the cumulative amount of
unreimbursed assistance.
Any payment made under this section must be sent to the family
within two (2) business days of the determination that the amount
is due and owing.
Future Payments 0728.35.05.15
REV:07/1994
If an amount collected represents payment on the required support
obligation for future months, the amount will be applied to future
months only after amounts which have been collected fully satisfy
the support obligation assigned for the current month and all past
months.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0728 CHILD SUPPORT FINANCIAL MANAGEMENT
0728.35.05.20 Federal or State Tax Offset-Active FIP Cases
REV:07/1999
Prior to October 1, 1998, amounts collected through Federal or
State tax offset are applied first to AFDC/FIP arrears. Any
balance remaining is applied to the past-due support owed to the
family in the amount certified to the federal and state
governments.
Any collection received as a result of Federal or State income
tax refund offset which is due to a FIP family must be sent
within thirty (30) calendar days of the date of initial receipt
by the IV-D agency.
For amounts collected under Federal income tax offset on or after
October 1, 1998, the amount collected in active FIP cases will be
distributed as outlined below. Any collection received from tax
offset which is due to a FIP family must be sent within two (2)
business days of receipt.
The State shall retain all collections of child support while a
family receives cash assistance under the FIP Program. Any
collections from Federal income tax offset on or after October 1,
1998 shall be distributed in the following order:
To satisfy:
* FIP arrears;
* Temporary arrears;
* Spousal arrears;
* Reimbursement; and
* Non-FIP arrears if there are active SSI children.
Amounts collected through state income tax offset will be applied
and distributed in accordance with Section 728.35.05.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT FINANCIAL MANAGEMENT SECTION 0728
Payment in Excess of Required Support 0728.35.05.25
REV:07/1999
Prior to October 1, 1998, any amount collected in a month which
exceeds the required monthly support amount is treated as payment
on the required support obligation for previous months (past-due
support). The State will retain such amounts to satisfy arrears
that have accrued while the family was on assistance when:
o There is no specific arrears order on the case; or
o There is no arrearage priority set on the case to
distribute to non-FIP arrears first.
After October 1, 1998, any amount collected in excess of the
required current monthly support obligation for active FIP cases
will be applied as outlined in Section 0728.35.05 and for former
FIP cases, as outlined in 0728.35.10.
Former AFDC/FIP Cases 0728.35.10
REV:07/1999
Prior to October 1, 1998, when a family ceases to receive FIP,
amounts collected which represent payment on the current support
obligation will be sent to the family within fifteen (15)
calendar days of the date of initial receipt in the State.
However, support collected in a month after any month in which
the support collected made the family ineligible for an
assistance payment, but prior to or in the month in which the
family receives its last assistance payment, shall be used to
reimburse the State for any assistance paid in such months with
any excess being paid to the family. This provision will not
apply when a hearing is requested pursuant to 45 CFR 205.10. In
these cases, when the hearing results in a determination that the
family was ineligible for an assistance payment, the Department
of Administration, Division of Taxation, Child Support
Enforcement will:
* Determine the total amount of support paid in the last month
assistance was paid;
* Determine the total amount of assistance paid in the month;
and
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0728 CHILD SUPPORT FINANCIAL MANAGEMENT
* Pay the excess amount to the family.
If the family is determined to be eligible for assistance,
distribution will continue as outlined in Section 0728.35.05.
For collections made on or after October 1, 1998 (other than
collections through Federal income tax refund offset), the State
will:
1. Distribute the amount collected to satisfy the current
monthly support obligation and pay that amount to the
family;
2. Distribute any amount above the current monthly support
obligation to satisfy never-assigned arrearages and pay that
amount to the family;
3. Distribute any amount in excess of the amounts distributed
in 1. and 2. to satisfy unassigned pre-assistance arrearages
and conditionally-assigned arrearages and pay that amount to
the family.
4. Distribute any amount above amounts distributed in 1., 2.,
and 3. to satisfy permanently-assigned arrearages.
5. Reduce the cumulative amount of unreimbursed assistance by
the total amount distributed under 4., distribute
collections exceeding the cumulative amount of unreimbursed
assistance to satisfy unassigned during-assistance
arrearages and pay those amounts to the family.
0728.35.10.15 Federal or State Tax Offset-Former FIP Cases
REV:07/1999
Prior to October 1, 1998, amounts collected through Federal or
State tax offset are applied first to AFDC/FIP arrears. Any
balance remaining is applied to the past-due support in the
amount certified to the federal and state governments.
Any collection received as a result of Federal or State income
tax refund offset which is due to a family must be sent within
thirty (30) calendar days of the date of initial receipt by the
IV-D agency.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT FINANCIAL MANAGEMENT SECTION 0728
For amounts collected under Federal income tax offset on or after
October 1, 1998, the amount collected in former AFDC/FIP cases
are distributed as outlined below. Any collection received from
tax offset which is due to a client must be sent within two (2)
business days of receipt.
To satisfy:
* FIP arrears and conditional arrears;
* Reimbursement, not including past liability;
* Non-FIP arrears and unassigned during assistance arrears;
* Past liability; and
* Spousal arrears.
Amounts collected through state income tax offset will be applied
and distributed in accordance with Section 728.35.10.
Never-Assistance Cases 0728.35.15
REV:07/1999
Prior to October 1, 1998, all support collected is first applied
to the required support obligation for the month in which the
support is collected and is sent to the family within fifteen
(15) calendar days of the date the collection is received by the
Family Court.
Any amount collected in excess of the required current support
amount is applied to past-due support. Payments are sent to the
family within fifteen ( 15) calendar days of the date the
collection is received by the State.
On or after October 1, 1998, all support collections must be paid
to the family within two (2) business days.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0728 CHILD SUPPORT FINANCIAL MANAGEMENT
0728.35.20 Foster Care Distribution
REV:01/2002
For distribution purposes, amounts collected in Foster Care
maintenance cases shall be treated first as payment on the
required support obligation for the month in which the support
was collected and if any amounts are collected which are in
excess of such amount, these excess amounts shall be treated as
amounts which represent payment on the required support
obligation for previous months.
Effective June 9, 1988, the date of collection shall be the date
on which the payment is received by the Division of Taxation -
Child Support Enforcement or the legal entity of any State or
political subdivision actually making the collection, whichever
is earliest. In any case in which collections are received by an
entity other than the agency responsible for final distribution
under this section, the entity must transmit the collection
within ten (10) days of receipt.
0728.35.20.05 Payment Received
REV:07/1994
Any amount collected in a month which represents payment on the
required support obligation for that month will be retained by the
State to reimburse itself for foster care maintenance payments.
0728.35.20.10 Payment in Excess of Required Support
REV:07/1994
If the amount collected is in excess of the monthly amount of the
foster care maintenance payment but is not more than the monthly
support obligation, the State will pay the excess to the state
agency responsible for supervising the child's placement and care.
If the amount collected exceeds the amount required to be
distributed as described above, but is not greater than the total
unreimbursed foster care maintenance payments provided or
unreimbursed assistance payments the State will retain the excess
to reimburse itself for these payments. If past foster care
payments are greater than the total support obligation owed, the
maximum amount the State may retain as reimbursement for such
payments is the amount of such obligation.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT FINANCIAL MANAGEMENT SECTION 0728
If amounts are collected which represent the required support
obligation for periods prior to the first month in which the family
received public assistance or foster care maintenance payments,
such amounts may be retained by the State to reimburse the
difference between such support obligation and such payments.
Any balance remaining is paid to the State agency responsible for
supervising the child's placement and care and is used to serve the
best interest of the child.
Future Payments 0728.35.20.15
REV:07/1994
If an amount collected as support represents payment on the
required support obligation for future months, the amount will be
applied to those future months. However, no amounts can be applied
to future months unless amounts have been collected which fully
satisfy the support obligation for the current month and all past
months.
Foster Care Maintenance Payments Cease 0728.35.20.20
REV:01/2002
When a State ceases making foster care maintenance payments the
assignment of support rights terminates except for the amount of
any unpaid support that accrued under the assignment. The
Division of Taxation - Child Support Enforcement will attempt to
collect such unpaid support.
Interstate Cases 0728.35.25
REV:07/1994
When an absent parent is making payments to one state IV-D agency
for a family residing in another state, amounts collected by the
responding agency must be forwarded to the initiating State within
15 calendar days of the initial point of receipt in the responding
State. Amounts will be distributed as outlined in Section 0728.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0728 CHILD SUPPORT FINANCIAL MANAGEMENT
0728.40 SSI CHILD HAVING SPECIAL NEEDS
REV:01/2002
Title XVI of the Social Security Act provides funding to states
to pay benefits to indigent, aged, blind, and/or disabled
individuals. This program, known as Supplemental Security
Income, is commonly referred to as SSI. There may be instances
in which an SSI child is a member of a family where all other
members are eligible for and in receipt of FIP benefits. Because
SSI is a special category of assistance, the SSI child is not
included in the FIP grant and his/her resources are not included
in determining FIP eligibility.
Also, the SSI child is not included in any assignment of support
rights and therefore, support received on behalf of an SSI child
cannot be retained by the State and must be disbursed to the
family. Distribution of support must occur within five (5) days
of receipt by the Division of Taxation - Child Support
Enforcement according to the requirements outlined below:
o If the SSI child is the only person covered by the
support order, one hundred percent (100%) of the
support collected shall be paid to the custodial
parent.
o If the SSI child is not the only person covered by the
child support order, a per capita proportion of the
amount collected shall be paid to the custodial parent,
unless otherwise specified in the court order.
Child support distributed to a custodial parent on behalf of an
SSI child is not considered income for purposes of determining
FIP eligibility or payment level for members of the FIP
household. However, child support distributed to a custodial
parent on behalf of an SSI child is considered unearned income in
the Food Stamp Program.
The Division of Taxation - Child Support Enforcement will provide
to the custodial parent of an SSI child a monthly statement which
discloses the amount of child support collected and distributed
during the month on behalf of the child. The statement includes
notification of the custodial parent's right to a hearing with
regard to disputes involving the collection and distribution of
the child support.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
CHILD SUPPORT FINANCIAL MANAGEMENT SECTION 0728
RECOVERING ERRONEOUSLY DISBURSED SUPPORT 0728.45
REV:01/2002
Erroneously disbursed support payments are those payments
collected by Division of Taxation - Child Support Enforcement and
distributed to the wrong obligee. It includes, but is not
limited to, fixed amount medical support, spousal support,
arrears payments, and ongoing current support payments. Whenever
the Division of Taxation - Child Support Enforcement discovers
that an erroneous amount of support has been disbursed to a
client that results in an overpayment, Division of Taxation -
Child Support Enforcement shall:
o Provide the client with notice by mail that an
overpayment has been made, including the amount of the
overpayment, the date(s) on which the overpayment(s)
was made, and the reason for the overpayment.
This notice is to advise the client that:
o Full repayment is to be made within thirty (30) days of
the date of the notice or;
o If full repayment is not made within thirty (30) days,
Division of Taxation - Child Support Enforcement may
proceed to recover the overpayment by withholding fifty
percent (50%) of future support collections until the
total amount of the overpayment has been recovered
and/or by initiating civil action to recover the
erroneously disbursed support.
NOTE: Any notice to the client about recovery of erroneously
disbursed support will also inform him/her of:
(1) The right to an informal review with Division of
Taxation - Child Support Enforcement to discuss
the overpayment. This meeting will allow the
client to discuss any disagreement about the
correctness of the overpayment without the need to
file for a formal, administrative hearing.
(2) The right to an administrative hearing. This may
be requested regardless of whether the client has
had an informal meeting with Division of Taxation
- Child Support Enforcement as described in the
preceding paragraph.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0728 CHILD SUPPORT FINANCIAL MANAGEMENT
0728.45.05 RECOVERING TAX OFFSETS
REV:01/2002
Whenever either the Federal Internal Revenue Service (IRS) or the
State Division of Taxation requires the Division of Taxation -
Child Support Enforcement to return all or a part of a tax refund
intercepted by the IRS or the State Division of Taxation which
had been sent to Division of Taxation - Child Support Enforcement
by either of these tax collection agencies, and subsequently
disbursed by Division of Taxation - Child Support Enforcement to
a client in accordance with Federal or State tax refund offset
requirements, the Division of Taxation - Child Support
Enforcement shall:
o Provide notice to the client that IRS or the State
Division of Taxation has demanded a return of all or a
part of the tax refund that was intercepted. Indicate
in the notice the amount of the refund being requested
to be returned, and the date of the disbursement to the
client.
o Notify the client to return, in full, the total amount
of the tax refund intercept that is being requested by
either IRS or the State Division of Taxation, within
thirty (30) days of the date of the notice. The notice
should caution the client that failure to do so could
result in Division of Taxation - Child Support
Enforcement initiating civil action to recover the tax
refund intercept.
NOTE: Tax refund intercepts that are sent to clients
erroneously because of mis-postings to accounts will be
recovered under the procedures outlined in Section
0728.45.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
RETAINED SUPPORT SECTION 0730
DIRECT SUPPORT DEFINED 0730.05
REV:01/2002
Direct support payment means an assigned support payment from an
absent parent received directly by an FIP recipient. These
payments may go to the FIP recipient directly from the absent
parent or, in some cases, may have been sent by either an
out-of-State court or agency or a R. I. court.
FIP recipients are required to turn over direct support payments
to the:
Division of Taxation - Child Support Enforcement
Business Office
Recovery Unit
110 Eddy St.
Providence, R. I. 02903
DIRECT SUPPORT RETAINED 0730.10
REV:01/2002
RHODE ISLAND AS A IV-D RECOVERY STATE
Rhode Island is a IV-D recovery State. This means that R.I. has
opted to place the responsibility for recovery of retained direct
support payments with the IV-D agency (Division of Taxation -
Child Support Enforcement). Recovery of retained direct support
payments cannot, therefore, be made by the IV-A agency through
the FIP recoupment process. Exception: Direct support payments
received and retained during a period when an FIP recipient is
under sanction for failure to cooperate with child support is
counted as income against the FIP grant.
REPAYMENT AGREEMENTS FOR RECOVERY OF RETAINED DIRECT SUPPORT
The IV-D agency must do the following before establishing a
repayment agreement.
1. Document that the recipient has received direct
support.
2. Provide written notice of intent to recover the
retained direct support payments. This notice
contains:
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0730 RETAINED SUPPORT
a) An explanation of the recipient's responsibility
to cooperate by turning over direct payments and
description of documentary evidence;
b) A detailed list of the dates and amounts of
payments and description of documentary evidence;
c) A proposal for a repayment plan;
d) An explanation that a repayment plan is a
condition of cooperation.
3. Provide the recipient with an opportunity for an
informal review to clarify the recipient's
responsibility and to resolve any differences regarding
repayment. The repayment agreement between the IV-D
agency and recipient must be reasonably related to:
a) The recipient's income and resources including the
FIP grant;
b) The total amount of retained support.
Division of Taxation - Child Support Enforcement may use the same
formula for repayment agreement amounts as are allowed by law for
FIP recoupment. These repayment agreements may be modified based
on changes in client financial circumstances.
Referrals to the IV-A agency must be made along with evidence of
failure to cooperate if the recipient refuses to sign a repayment
agreement, or if the recipient enters into an agreement and
subsequently fails to make a payment. The final determination as
to whether failure to cooperate exists will be made by the IV-A
agency.
After notification by IV-A that the client has been sanctioned
for failure to cooperate with IV-D, the Division of Taxation -
Child Support Enforcement must notify IV-A whenever the client
does begin to cooperate. If, for example, the client signs a
repayment agreement after previously having failed to do so, or
resumes making regularly scheduled payments after a period of
nonpayment. A regularly scheduled payment is a payment made in
the current month for the amount specified in the initial
repayment agreement.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SUPPORT PROCESSING SECTION 0732
WORD PROCESSING UNIT 0732.05
REV:07/1994
The clerical pool is responsible for:
o Receiving forms/packets generated from INRHODES;
o Reviewing printed documents for accuracy;
o Forwarding forms/packets to the appropriate individual or
unit;
o Preparing packets for court;
Requesting Service 0732.05.05
REV:01/2002
When a form/packet is printed which is to be served by the
constable, the clerical pool will:
o Review it for accuracy;
o Take the form/packet to the Division of Taxation -
Child Support Enforcement attorney for signature, if
required;
At the end of three (3) weeks, the constable will return the
form/packet to the administrative secretary, regardless of
whether service was successful.
Unsuccessful Service 0732.05.05.05
REV:01/2002
When service is unsuccessful, the administrative secretary will:
o Record the service action on the DAIL/CONS panel;
o Return the case to the Division of Taxation - Child
Support Enforcement agent for location.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0732 SUPPORT PROCESSING
0732.05.05.10 Successful Service
REV:07/1994
When service is successful, the Administrative Secretary will:
o Record the service action on the DAIL CONS panel;
o Update the appropriate INRHODES panels to ensure that the
calendar (when appropriate), absent parent address and
other information is recorded;
o Forward the form/packet to the appropriate unit or
person.
0732.05.10 Preparing a Case for Court
REV:01/2002
When a case is prepared for court, the clerical pool will:
o Take the appropriate form/packet to the Division of
Taxation - Child Support Enforcement Legal Unit to be
signed and notarized;
o File the form/packet in the case record;
o Prepare the case for hearing by completing and placing
in the Division of Taxation - Child Support Enforcement
case record:
Draft order (1);
Attorney Worksheet (1);
Medical Form (1);
Guideline Worksheet (2);
CSS-1 (Domestic cases only) (1);
o File the case record in the court hearing pending file
by court date.
Two days before the hearing:
o Print the appropriate system panels;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SUPPORT PROCESSING SECTION 0732
o File printed panels in the case record;
o Take the case record to the Family Court.
Post Hearing Activities 0732.05.15
REV:01/2002
After the hearing, the Division of Taxation - Child Support
Enforcement Technical Staff Assistant will prepare legal forms,
obtain the absent parent's signature, if required, and send the
Division of Taxation - Child Support Enforcement case record with
the legal forms to the clerical pool. The clerical pool will:
o Type the appropriate forms;
o Obtain the Division of Taxation - Child Support
Enforcement attorney's signature on the original court
forms;
o Make copies;
o Forward the original court forms to the Family Court;
o Send copies to the:
Absent parent or his/her attorney and the
Division of Taxation - Child Support Enforcement;
o When the case is continued, return the case record to
the court hearing pending file;
o When there are special instructions, notify the
appropriate agent or unit;
o When the case needs no further update, return the case
to Master File.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0732 SUPPORT PROCESSING
0732.05.20 General Forms Processing
REV:01/2002
The Division of Taxation - Child Support Enforcement agent will
print forms/packets from INRHODES that do not require Constable
service. These forms/packets may require "service" by certified
mail, or need to be returned to the agent for signature.
When a form/packet requires "service" be certified mail, the
clerical pool will enter a message on the (CONT)ACT panel
indicating the date the form/packet is being sent. The clerk
will forward a form/packet that requires an agent's signature
back to the agent who printed it.
0732.10 BODY ATTACHMENTS
REV:07/1994
The Family Court Judge/Master may issue a warrant for a body
attachment when an absent parent/putative father or custodial
parent fails to appear in court. The warrant instructs the Sheriff
or Constable to apprehend the individual for the purpose of
bringing him/her to court.
Body attachments are issued by the Family Court via BODY within the
ORDR subsystem. Once information is input, a message appears on
DAIL indicating that the body attachment order is awaiting action.
The ORDR BODA panel is used to enter the date a bad address is
discovered or the body attachment return date. Once a return date
is entered, the record will no longer exist in DAIL.
The Family Court will withdraw or execute orders by entering the
appropriate dates on the ORDR BODY panel.
0732.10.05 Body Attachment Issued
REV:07/1994
When the court issues a body attachment, the RICSS record will be
forwarded to the RICSS Legal Unit where the Secretary will hold the
case until the warrant is received from the court.
When the warrant is received, the RICSS Legal Secretary will:
o Match the RICSS case record with the warrant.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SUPPORT PROCESSING SECTION 0732
o Check the service address to determine which county
Sheriff or Constable the case should be sent to;
o Update the case DAIL BODA panel with:
The date the body attachment was mailed to the
sheriff;
The county code of the sheriff who was notified;
o Mark the file with the date that the warrant was sent to
the Sheriff or Constable;
o Forward the warrant to the appropriate county Sheriff or
Constable.
Body Attachment Executed 0732.10.05.05
REV:07/1994
When a body attachment is executed (defendant is apprehended by the
sheriff), the individual is either taken:
o Directly to court, if it is in session; or
o To the ACI until the next session of court;
The Family Court will remove the order via the ORDR/BODY panel.
This will remove the DAIL/BODA message.
Body Attachment Withdrawn 0732.10.05.10
REV:01/2002
When the individual appears on his/her own, the Judge/Master will
withdraw the order. However, the body attachment will remain
with the Sheriff, and therefore remains in DAIL until a return
date is entered to remove it. The Division of Taxation - Child
Support Enforcement Legal Unit Secretary will:
o Request, by memorandum, that the warrant be returned;
o Update the DAIL BODA panel by entering the RETURNED
date.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0732 SUPPORT PROCESSING
0732.15 CONSTABLE SERVICE
REV:01/2002
The Division of Taxation - Child Support Enforcement enters into
service contracts with Constables for the purpose of process
service. All constables must:
o Be licensed by the Chief Judge of the Rhode Island
District Court and by the Chief Judge of the Family
Court as required by law;
o Have a bond for District Court and Family Court with
sufficient sureties in the sum of five thousand dollars
($5,000) for the faithful performance of the duties of
his/her office;
o Comply with any and all administrative requirements set
by either the District Court or Family Court.
0732.15.05 Rules and Regulations of CSE Constables
REV:01/2002
Responsibilities to be performed by Constables include, but are
not limited to:
o Serving and executing writs, process and legal forms
issued from the Rhode Island Family Court and the
Division of Taxation - Child Support Enforcement;
o When performing services for the Division of Taxation -
Child Support Enforcement, being governed by both State
statutes: Rhode Island General Law, Title 9, Chapter 5,
Section 1 et seq (RIGL 9-5-1 et seq) and Rhode Island
General Law, Title 45, Chapter 16, Section 1 et seq
(RIGL 45-16-1 et seq), and Rule 4 of the Rhode Island
Rules of Domestic Procedure;
o Not carrying any firearm while performing the duties of
a Constable for the Division of Taxation - Child
Support Enforcement;
o Being available at all times by beeper or answering
machine;
o Being on call for emergency assignments from 7:00 a.m.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SUPPORT PROCESSING SECTION 0732
to 6:00 p.m., every Monday through Saturday;
o Reporting to the Division of Taxation - Child Support
Enforcement sometime between 1:00 and 4:00 p.m. every
Friday afternoon;
o Being paid only for successful service of legal forms
on either the defendant and/or plaintiff, third party
witnesses, employers etc., as required by the specifics
of the case;
Note: Successful service is defined as completed forms
of legal process or other documents prepared by the
Division of Taxation - Child Support Enforcement,
returned in a manner that renders them completely and
legally acceptable and ready for referral to Rhode
Island Family Court by the Division of Taxation - Child
Support Enforcement.
o Being paid a fixed fee for successful personal service;
o Preparing and submitting a monthly invoice, as
specified by the Division of Taxation - Child Support
Enforcement, for all complete legal services for each
calendar month within the first five (5) days of the
subsequent month;
o Completing a report, as specified by the Division of
Taxation - Child Support Enforcement, detailing the
Rhode Island Family Court and Division of Taxation -
Child Support Enforcement legal papers that could not
be served and an explanation for why service was
unsuccessful;
o Meeting with the Division of Taxation - Child Support
Enforcement Constable Unit Supervisor on a weekly
basis;
o Maintaining complete and accurate records on all
referrals of legal papers made to them by the Division
of Taxation - Child Support Enforcement, and make them
available to the Rhode Island Family Court upon
request;
o Being willing and prepared, when called upon, to
testify in Rhode Island Family Court hearings;
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0732 SUPPORT PROCESSING
o Being licensed as a Notary Public in the State of Rhode
Island and performing the services of a Notary Public
as required in the performance of any Division of
Taxation - Child Support Enforcement Constable duties
at no further charge to the Division of Taxation -
Child Support Enforcement plaintiff or defendant.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
NOTICE AND HEARING PROCEDURES SECTION 0734
MONTHLY NOTICE AND HEARING PROCEDURES 0734.05
REV:01/2002
The Rhode Island Division of Taxation - Child Support Enforcement
shall provide a monthly notice (computer generated) to FIP
recipients and non-assistance (NA) recipients for whom a child
support obligation has been established, and for whom a child
support collection has been made. The monthly notice shall
specify at a minimum the amount of support paid, the date such
payment was made, the date such payment was received by Division
of Taxation - Child Support Enforcement or the R.I. Family Court,
the date and amount of pass-through and/or child support paid to
the FIP client, and an explanation of the recipient's rights to a
hearing, which must be requested within thirty (30) days of the
date of the notice. When a pass-through payment is not sent to a
recipient in a particular month, the monthly notice will include
an explanation as to why it was not made. A hearing request form
is enclosed with the monthly notice. The following constitute
the Division of Taxation - Child Support Enforcement hearing
procedures:
o The recipient of the monthly notice will mail the
request form to the Division of Taxation - Child
Support Enforcement Business office, 110 Eddy Street,
Providence, RI 02903. The form will be date stamped
and logged in a central location by the Business
office. The Business Agent shall research the records
to determine all pass-through payments made for the
months the recipient was on FIP (if applicable). The
agent shall refer the hearing request form packet to
the Legal Unit for scheduling of a hearing, indicating
in their log the date the matter was so referred;
o Clerical staff will date stamp the packet, log the case
in a central log, and schedule the matter for hearing.
A notice shall be mailed to the client advising her/him
of the hearing date. Notice of scheduled hearings
shall be given to the business office on a weekly
schedule;
o The hearing will be conducted in the same manner as the
income tax intercept hearings. The business officer or
other Division of Taxation - Child Support Enforcement
representative will be present and will be available to
answer the client's relevant questions relating to the
information provided to the client in the monthly
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0734
notice. The client will then have an opportunity to
present when s/he believed s/he should have received a
child support payment and/or pass-through in a given
month. The business officer or other Division of
Taxation - Child Support Enforcement representative
will then be given an opportunity to respond by
presenting testimony and/or evidence with respect to
the child support and/or pass-through payments and
periods contested by the client;
o The hearing officer may, in his or her discretion,
grant a continuance to any party for good cause,
including, but not limited to, a party's reasonable
request to obtain, review, and present additional
relevant evidence. The client will be advised s/he
will receive a written decision by mail within thirty
(30) days following the close of the hearing;
o A decision letter will be prepared by the hearing
officer. The original will be sent to the client, with
copies to her or his representative, masterfile,
hearing file, and business office;
o Any person who has exhausted all available
administrative remedies, and who is aggrieved by a
final order of the agency, is entitled to judicial
review pursuant to Section 42-35-15 of the R.I. General
Laws. If a client appeals the decision of the hearing
officer to the Superior Court, the hearing officer will
be responsible to obtain a transcript of the hearing,
assemble the evidence (exhibits), and forward the
material to the Deputy Chief Legal Counsel, Division of
Taxation - Child Support Enforcement.
0734.10 KENYON NOTICE AND HEARING PROCEDURES
REV:07/1994
The Department of Human Services, as a result of Federal Court
Civil Action, No. 89-0553P, Kenyon et al v. Sullivan, has been
ordered to provide special notices to recipients. The Court
required that all members of the Kenyon class (all individuals who
received AFDC and for whom the state was collecting child support
from 1984 forward) be notified by mail and publication of their
right to an accounting and hearing. Accordingly, the DHS Rhode
Island Child Support Services Agency has implemented the following
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
NOTICE AND HEARING PROCEDURES SECTION 0734
procedures:
o Members of the Kenyon class received notice of their
right to an accounting and a hearing by direct mail at
their last known address and by newspaper publication.
Enclosed with the notice, and available at the RICSS
Business Office, is a form to request a hearing. The
class members are to mail the request form to Legal
Counsel, DHS, 600 New London Avenue, Cranston, RI 02920.
A letter of acknowledgement is sent to the class member.
The request form will be date stamped, assigned an
internal docket number, and logged in. Copies of the
request shall be retained by DHS Legal Counsel. The
originals shall be sent to RICSS Legal Counsel on a
transmittal form;
o Immediately upon receipt, clerical staff at the RICSS
Legal Unit shall sign the transmittal, date stamp it, and
return it to DHS Legal Counsel at 600 New London Avenue;
o All request forms will be date stamped and manually
logged in, indicating the class member's name and social
security number. An attorney worksheet form shall be
attached to the request form, serving as a request for an
accounting from the Business Office. The date the
request for an accounting was made shall be indicated in
the log;
o An agent from the Business Office shall obtain the AFDC
payroll card at the Central Office, obtain the payment
history or "PM-10" for each obligor, and research the
records to determine all pass-through payments made for
the corresponding months the client received AFDC. The
internal business accounting form shall be completed,
indicating the dates of AFDC payments, amount of AFDC,
amount of child support due, amount of child support paid
by the obligor, and pass-through payments paid in each
month. The dates of manual issuances of pass-through
payments must also be provided. The detailed accounting
form will assist the Business Agent in presenting the
facts at the hearing, and will serve to clearly inform
the AFDC client of all activity on his/her case;
o The completed attorney worksheet packet will be forwarded
to the Legal Unit at RICSS. The clerical staff will
select a hearing date, and notice of the hearing shall be
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
SECTION 0734 NOTICE AND HEARING PROCEDURES
forwarded to the client. Hearings shall be conducted by
attorneys and paralegal staff, depending upon
availability. Notice of hearings shall be provided to
the Business Office on a weekly schedule;
o The hearing will be conducted in the same manner as the
income tax intercept hearings. The business officer, or
other RICSS representative, will present the client with
the "accounting" and will be available to answer the
client's questions relating to the account. The client
will then have an opportunity to present why s/he
believes s/he should have received a pass-through in a
given month. The business officer or other RICSS
representative will then be given an opportunity to
respond by presenting testimony and/or evidence with
respect to the pass-through payments and periods
contested by the client;
o The hearing officer may, in his or her discretion, grant
a continuance to any party for good cause, including, but
not limited to, a party's reasonable request to review
the accounting and to obtain, review, and present
additional relevant evidence. The client will be advised
s/he will receive a written decision by mail within 30
days next following the close of the hearing;
o A decision letter will be prepared by the hearing
officer. The original will be sent to the client, with
copies to his/her representative, masterfile, hearing
file, and business office;
o Any person who has exhausted all available administrative
remedies, and who is aggrieved by a final order of the
agency is entitled to judicial review pursuant to Section
42-35-15 of the R.I. General Laws. If a client appeals
the decision of the hearing officer to the Superior
Court, the hearing officer will be responsible to obtain
a transcript of the hearing, assemble the evidence
(Exhibits), and forward the material to the Deputy Chief
Legal Counsel, RICSS.
___________________________________________________________________
RHODE ISLAND DEPARTMENT OF HUMAN SERVICES MANUAL
CHILD SUPPORT
LEGAL REPRESENTATION SECTION 0735
Legal Representation 0735.05
REV:12/2002
In any legal proceeding, legal counsel for the child support
enforcement agency shall represent the Department of
Administration, Division of Taxation - Child Support Enforcement
agency or, when acting on behalf of the Department of Children,
Youth and Families, Department of Human Services, or other state
agency, shall represent the interests of those entities. The
attorneys do not represent the interest of any individual person.
There is no attorney-client relationship between legal counsel
and either party. The Department shall provide services to both
the custodial and noncustodial parents. Either party may retain
representation by a private counsel.
Each party applying for services shall be given a notice
regarding legal representation, and be required to sign a Waiver
of Legal Representation prior to services being rendered.
For those existing cases where a prior attorney-client
relationship was established, appropriate notice as described
above and a waiver regarding legal representation shall be
mailed. No further services will be rendered until the waiver is
returned. Legal counsel shall either withdraw as counsel, or,
upon receipt of a signed waiver, continue to provide services
only. However, in no event will legal representation continue.