218-RICR-30-00-1
218-RICR-30-00-1. Child Support Program Rules and Regulations (version Amendment, 04/01/2010 to 09/19/2012)
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0700 CHILD SUPPORT PROGRAM OVERVIEW
0700.10 FEDERAL LEGISLATION
REV: 04/2010
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 RIW
recipients;
o Providing for incentive payments to states for
collections made on RIW 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 child support; and
o Adding specific requirements to RIW 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 non custodial parent's social
security number is furnished to the state.
0700.10.05 Omnibus Reconciliation Act of 1981
REV: 04/2010
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, 1988 and again in 1997. Key provisions are summarized
below.
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The Omnibus Reconciliation Act of 1981 (P.L. 97-35), among other
things, created the Federal income tax offset program for collection of
delinquent RIW child support obligations, permitted states to collect
ordered spousal support for RIW 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 non custodial parent's delinquent in their
support payments.
0700.10.10 Child Support Enforcement Amendments 1984
REV: 04/2010
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
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-assistance
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-assistance families,
alike;
o Collection services were also expanded to include
ordered spousal support in families where child
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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.
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.
0700.10.20 PRWORA of 1996
REV: 04/2010
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The Personal Responsibility and Work Opportunity Reconciliation Act of
1996 contained the following child support provisions:
* A simple process for voluntarily acknowledging paternity
including a hospital based program;
* Administrative enforcement including liens on bank accounts,
and other personal and real property;
* New Hire reporting laws ;
* Income withholding requirement for all cases where a child
support order was established or modified after October 1,
1996;
* Expanded authority to locate individuals and assets through
the use of administrative subpoenas;
* Federal case registry of all child support orders;
* Expedited procedures for genetic testing,
* Review and Adjustment of child support orders after the
expiration of three years and upon request form either
party;
* Abolishment of a jury trial in paternity cases;
* Increase use of automated process;
* Provision in every court or administrative order addressing
health coverage;
* Changes in distribution of child support;
* The passage of the Uniform Interstate Family Support Act.
0700.15 PROGRAM ADMINISTRATION
REV:07/1994
The Child Support Enforcement program is administered by the Federal
government and the State of Rhode Island.
0700.15.05 Federal Oversight
REV: 04/2010
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 non-custodial parents;
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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 courts in interstate matters; and
o Approval of state claims for Federal Financial
Participation and automated systems development.
0700.15.10 State Administration
REV: 04/2010
In Rhode Island, the child support program is managed by the Department
of Human Services- Office of Child Support Services.
The revenue collection functions of the Department of Administration,
Division of Taxation were transferred to the Department of Human
Services on July 1, 2005. Any reference to the Department of
Administration, Division of Taxation, the Rhode Island Child Support
Services 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 Human Services, Office of Child Support
Services 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 non custodial parent;
o Establishment of paternity;
o Establishment of an order for child and medical
support;
o Enforcement of the order;
o Review and modification of the order; and
o Collection and disbursement.
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0700.20 CONFIDENTIALITY
REV: 04/2010
The OCSS Agent will have access to information regarding both the
custodial parent and non-custodial parent. This information must be
held and used according to the policy outlined in this Section.
Through the many databases accessed by both the State Parent Locator
Service (SPLS) and the Federal Parent Locator Service (FPLS), OCSS
employees have available a considerable amount of personal information
concerning non custodial parents. This information must only be
accessed for those non custodial 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 OCSS 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 a non-custodial
parent for the support and maintenance of a child; and
o The resident parent, legal guardian, attorney, or
agent of a non-assistance child without regard to the
existence of a court order against a non-custodial
parent who has a duty to support and maintain any such
child.
0700.20.15 Confidentiality of Paternity Establishment
REV: 04/2010
In proceedings to establish paternity, OCSS 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 OCSS 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.
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0702 TYPES OF CHILD SUPPORT CASES
0702.05 RIW CHILD SUPPORT CASES
REV: 04/2010
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 Rhode
Island Works, or RIW. For every child for whom RIW (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 RIW in the
child's behalf.
Both Federal and Rhode Island laws require the custodial RIW 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
RIW family unit. In Rhode Island, this assignment of support operates
by virtue of State law, and also by virtue of a signed RIW application
which includes assignment of rights provisions, whenever RIW 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
will accrue prior to the family
leaving RIW assistance.
2. For an assignment effective on or after October 1, 1998, the
applicant assigns to the State all rights to support which
will accrue while the family is 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
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to the State any rights to support which will accrue after
the date the family leaves the RIW Program.
The distribution of child support collected by the State is further
clarified In Section 0728.35.
0702.10 NA CHILD SUPPORT CASES
REV: 04/2010
The Office of Child Support Services provides child support enforcement
services to individuals who are not receiving RIW, Medical Assistance
(MA), or IV-E Foster Care. These services may be continued upon the
termination of a RIW case or provided upon the request of a custodial
parent.
0702.10.05 NA Cases Without Prior AFDC/RIW
REV: 04/2010
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 RIW 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 ($25).
Federal and State law does not require the custodial non-assistance
parent to assign to the State any rights to support from any other
person on behalf of the custodial parent.
0702.10.10 NA Cases With Prior AFDC/RIW
REV: 04/2010
When a RIW or Medical Assistance Only (MAO) case is closed, child
support services are continued unless the custodial parent requests, in
writing, that they be terminated. These cases differ from NA cases
without prior RIW because services are provided automatically without
an application fee.
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 family
shall be paid first if the case is a NA case and any arrearage due the
state shall be paid if the family is on RIW.
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Third, any medical arrearages due shall be paid.
0702.15 FOSTER CARE CHILD SUPPORT CASES
REV: 04/2010
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 RIW 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 support on behalf of each child receiving foster
care maintenance payments under IV-E. As with RIW, 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 Office of Child Support Services 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: 04/2010
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 RIW 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. The Office of
Child Support Services is responsible, therefore, for the establishment
and enforcement of orders for medical coverage from non custodial
parents of Medical Assistance children.
In RIW cases, children are automatically eligible for Medical
Assistance. In non-public assistance (NA) cases, children may be
eligible for RIte Care based on the income level of the family.
However, if medical coverage is available to the dependent child(ren)
through the non custodial parent, then the health insurance carrier is
expected to pay for necessary services first. Thus, the Office of
Child Support Services must:
O File a Motion to Establish a Medical Order;
o Determine whether the non custodial parent has a
health insurance policy or plan that covers the
child(ren) and is available through his employer at a
reasonable cost;
o Obtain sufficient information about the employer and
health insurance policy or plan ;
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o If ordered by the court, issue the National Medical
Notice to the employer requiring the health care
provider to enroll the child;
o Advise the RIW recipient of the private coverage
available and to utilize the non custodial parent's
medical coverage;
However, if the Court determines that the cost of the insurance
coverage is not reasonable, that is the cost of coverage is more than
5% of the parent's gross income, the court may order the parent to pay
a weekly cash medical order equal to 5% of the gross income.
0702.25 INTERSTATE CHILD SUPPORT CASES
REV: 04/2010
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 non-custodial 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 non custodial parent resides, is
employed or has resources in another state.
0704 CSE/RIW CASE PROCESSING
0704.05 RIW AGENCY RESPONSIBILITIES
REV: 04/2010
Child support enforcement is a cooperative effort between the Rhode
Island Works (RIW) and the Office of Child Support Services.
The RIW agency provides the Office of Child Support Services with the
initial referral and updates information regarding the custodial
parent, loco parentis, child(ren), and non-custodial parent. The RIW
agency also will act upon information from the Office of Child Support
Services that affects the custodial parent's RIW/MA eligibility. Upon
receiving the initial referral, the Office of Child Support Services
will conduct investigations in order to establish paternity and
establish, modify, and enforce child support order(s). The Office of
Child Support Services will send updates to the RIW agency regarding
the custodial parent, child(ren) and non-custodial parent as
applicable.
The RIW Eligibility Technician is responsible for:
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o Interviewing applicants for public assistance and/or
medical assistance;
o Determining initial and continued eligibility for
assistance;
o Explaining the assignment of support rights;
o Assisting the applicant in completing the appropriate
application form. This will provide the Office of
Child Support Services with information regarding the
non-custodial parent;
o Explaining to applicants that they will be required to
cooperate with the Office of Child Support Services 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 Office of Child Support Services of any
changes or new information that may affect the child
support case; and
o Enforcing eligibility requirements, upon receiving
notices from Office of Child Support Services of a
recipient's failure to cooperate.
0704.10 OCSS Agency Responsibilities
REV: 04/2010
Within five (5) working days of receiving a referral from the RIW
agency, the RIW/MA 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.
Upon approval of eligibility for RIW/MA benefits for each child with an
ABSP panel(s), a case referral is made automatically from the Title IV-
A agency to the Office of Child Support Services through an InRhodes
system interface. Within twenty (20) calendar days of receiving a
referral from the RIW agency, the Office of Child Support Services
will, based on an assessment of the case to determine necessary action,
meet with the custodial parent if necessary, solicit necessary and
relevant information from the custodial parent and other relevant
sources and initiate verification of information, when appropriate.
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Also, when there is inadequate location information with which to
proceed, the Office of Child Support Services will request additional
information or pursue further location attempts where appropriate.
The Office of Child Support Services will:
o Locate non custodial 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.
0704.15 ASSIGNMENT OF SUPPORT RIGHTS
REV: 04/2010
An applicant for or recipient of public assistance under Title 40,
Chapter 6, Public Assistance, of the General Laws of Rhode Island (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 herself or himself 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 to the
Department of Human Services of any and all rights and interests in any
cause of action, past, present, or future, that said applicant or
recipient may have against any person failing to or obligated to
provide for the support, maintenance, and medical care of said
applicant, recipient, and/or said minor child or children, for the
period of time that assistance is being paid by said Department; said
Department shall be subrogated to any and all rights, title and
interest that applicant or recipient may have against any and all
property belonging to the obligated or non-supporting person in the
enforcement of any claim for child, spousal and medical support,
whether liquidated through court order or not. The applicant or
recipient shall also be deemed, without the necessity of signing any
document, to have appointed the Department of Human Services as his or
her true and lawful attorney in fact to act in his or her name, place
and stead to perform the specific act of instituting suit to establish
paternity or secure support and medical care, collecting any and all
amounts due and owing for child, spousal and medical support, endorsing
any and all drafts, checks, money orders, or other negotiable
instruments representing such support payments which are received by
the Department, and retaining any portion thereof permitted under
Federal and State statutes as reimbursement for financial and medical
assistance previously paid to or for the recipient, child, or children.
An applicant for, or a recipient of, Medical Assistance provided by the
Department, pursuant to Chapter 6 or Chapter 8 of Title 40 of the Rhode
Island General Laws or 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 any other person for whom he or she may legally assign
rights to any medical support or any other medical care shall be
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deemed, without the necessity of signing any document, to have made an
assignment to the Department of Human Services of any and all rights
and interests that he, she or such other person may have to payment for
any medical support and to payment for any medical care from any third
party.
In addition to the assignment provided in this section, an applicant
for or a recipient of financial/medical assistance provided by the
Department pursuant to RIGL 40-6-9, whenever said assistance is
necessary by reason of accident, injury or illness for which a third
party may be liable, for and on behalf of himself or herself, and for
and on behalf of any other person for whom he or she may legally act,
shall be deemed, without the necessity of signing any document, to have
assigned to the Department of Human Services, from amounts recovered or
recoverable from any third party, an amount of money equal to the
amount of financial/medical assistance provide as a result of said
accident, illness, or injury.
With respect to an assignment established pursuant to this section, an
applicant or recipient shall provide to the Department of Human
Services all relevant information regarding the rights assigned and
shall execute any documents relating thereto, in accordance with rules
and regulations to be adopted by the Department.
0704.20 MONEY COVERED BY THE ASSIGNMENT
REV: 04/2010
Any money or payment received by a RIW/MA custodial parent during the
period of time that the family is in receipt of public assistance for
the financial/medical 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 a non-custodial parent on
behalf of children covered by the assignment, any maintenance (alimony,
spousal support) ordered to be paid to a RIW 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 RIW recipient for his/her
support or the support of the children covered by the assignment and
paid by the non-custodial parent of the children, or by anyone on
behalf of the non custodial parent and/or any money or payment owed or
owing for the medical support of the Medical Assistance beneficiaries.
Assigned monies also include any benefits, such as Social Security,
Veterans' Benefits, and allotments or pensions, payable to the non-
custodial parent but specifically ordered by the court to be directed
to the children on the assignment or to the RIW recipient on behalf of
such children. Veteran's Benefits, military allotments, or pensions
payable to a non-custodial 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. These benefits are
generally forwarded directly to the custodial parent who must forward
them to the Office of Child Support Services.
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0704.20.05 Unassigned Money
REV: 04/2010
Not all income available to a RIW/MA household will be covered by the
assignment (i.e. unassigned). Such money may or may not be budgeted
when determining the RIW grant and/or MA eligibility. This includes
court-ordered or voluntary contributions for children not included on
the assignment (e.g. children receiving Supplemental Security Income,
or SSI).
Unassigned money includes pre-existing past due support received by a
RIW recipient for the period of time that the family was not in receipt
of RIW benefits. These households may retain this past due amount as
an amount owed to them personally. It will be kept in a separate
“bucket” on the InRhodes system. Unassigned money also includes
maintenance for a RIW/MA 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 RIW/MA eligibility and the Office of Child Support
Services will attempt to establish a guideline order for the amount of
the benefit as current support.
If a marriage is viable (i.e., expected to be ongoing) and the non-
custodial parent is out of the home in a medical institution obtaining
treatment or in training through the Office of Rehabilitation Services
or Job Corps, any benefits paid to his/her child(ren) in the RIW/MA
beneficiary'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.
Sporadic 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.
0704.25 CUSTODIAL PARENT RESPONSIBILITIES
REV: 04/2010
As a condition of eligibility for RIW, CCAP, and Medical Assistance, a
recipient is required to cooperate (unless good cause for refusing to
cooperate is determined) with the Office of Child Support Services to
establish, modify, and enforce a child support order(s) for each
eligible child.
To cooperate with the child support agency, an applicant or recipient
shall make a good faith effort regarding the non-custodial parent(s) of
each child for whom assistance is requested, as outlined below and/or
as outlined in Sections 0704.25.02 and 0704.25.03. An applicant or
recipient who has not provided the information specified shall be
provided an opportunity to make a good faith effort by providing all
the information s/he can reasonably obtain.
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Such information shall include:
1. Each non-custodial parent's full name and social security
number; or
2. Each non-custodial parent's full name and at least two (2) of
the following items:
O The non-custodial parent's date of birth; O The non-custodial
parent's address; O The non-custodial parent's telephone number; O
The name and address of non-custodial parent's
employer(s); O The name and address of at least one of the parents
of
the non-custodial parent; and
o The manufacturer, model and license plate number
(including state of issue) of the non-custodial parent
The information in number 1 and 2 above must be verifiable.
Information is considered verifiable, if, using reasonable efforts, the
Office of Child Support Services can confirm that it is current and
accurate. Reasonable efforts shall be determined by OCSS and shall
include but not be limited to the following: a review of databases
available to OCSS to follow-up on information; follow-up contacts with
the applicant or recipient as appropriate, telephone calls to phone
numbers, or letters sent to addresses provided by the applicant or
recipient, or requests to other agencies for records identified by the
applicant or recipient.
0704.25.02 Good Faith Effort Required
REV: 04/2010
An applicant or recipient who has not provided the information
specified in Section 0704.25 shall be deemed to be cooperating if s/he
can reasonably obtain the following:
Any other information or documentation that may assist in identifying
or locating the non-custodial parent, establishing parentage or
establishing parentage or establishing, modifying or enforcing a child
support order, such as:
o In cases in which paternity has not been established, a
sworn statement that sexual intercourse between the
non-custodial parent and that applicant or recipient
p occurred during the probable period of conception.
O A statement or statements as to the identity of
location of the non-custodial parent from individuals
other than the applicant or recipient who have personal
knowledge of such information.
O Records or information as to the whereabouts of records
from law enforcement, social service, or other
agencies, courts, or offices regarding the identity of
16
location of the non-custodial parent.
O Utility bills, parking tickets, credit card receipts,
or other personal records or effects that contain
information regarding the identity or location of the
non-custodial parent.
O Telephone numbers or addresses of individuals who, if
contacted, may be able to provide information as to the
identity and location of the non-custodial parent.
O Signed releases for OCSS to obtain evidence to
corroborate that the information provided is accurate
and that all information about the non-custodial parent
available to or reasonably obtainable to the applicant
or recipient has been provided.
O A sworn statement documenting with specificity efforts
undertaken and obstacles encountered by the applicant
or recipient in pursuit of information regarding the
non-custodial parent, with any documentation supporting
the sworn statement attached; and
o If an applicant or recipient is uncertain as to which
of two (2) or more individuals might be the non-
custodial parent of a single child, the applicant or
recipient shall provide the information required about
at least one person at the time of application or
redetermination of eligibility for public assistance or
upon request of OCSS.
O If the applicant or recipient has provided information
about an individual who is found not to be a non-
custodial parent by court order or genetic testing, the
applicant or recipient shall provide information about
any additional possible non-custodial parents for that
child.
It is important to emphasize that a sworn statement or affidavit from
the applicant/recipient attesting to the lack of verifiable information
about the absent parent will NOT alone meet the requirement of
cooperation.
0704.25.03 Requirement of Continued Cooperation
REV: 04/2010
Regardless of whether an applicant or recipient has provided all of the
information listed in Section 0704.25 and/or 0704.25.02, s/he is
required to continue to make a good faith effort to cooperate with the
Office of Child Support Services (OCSS) to establish paternity and
establish, modify, and enforce child support and medical orders.
Additional cooperation may include, but is not limited to:
* Appearing for appointment to provide additional
information possessed by or reasonably obtainable by
17
the applicant or recipient;
* Authorizing OCSS to obtain pertinent information from
third parties;
* Accepting personal services of process from licensed
constables and authorized agents relative to their
child support cases;
* Appearing as witness in a judicial or other proceeding;
* Appearing for parentage tests; and
If an applicant or recipient fails to appear in court or fails to
cooperate in any of the above, and such failure precludes OCSS from
proceeding in an action to establish paternity, or to establish,
modify, or enforce a child support or medical order, OCSS shall notify
DHS, by e-mail, and in writing that the applicant or recipient has not
cooperated and the grounds therefore. The applicant or recipient shall
be sent a copy of this notice. If however, the applicant or recipient
contacts OCSS on or before the court date and specifies emergency
circumstances that prevent the applicant or recipient from appearing in
court or attending a scheduled appointment, OCSS shall not issue a
determination of non-cooperation, but shall proceed in court in the
absence of the applicant or recipient, if possible, or reschedule the
court date . OCSS may require the applicant or recipient to provide
documentation about such emergency circumstances.
If subsequent to the issuance of a determination of non- cooperation,
the applicant or recipient begins cooperating, OCSS shall promptly
notify DHS by e-mail and in writing and provide a copy to the applicant
or recipient.
0704.25.05 Non-Cooperation
REV: 04/2010
If the Office of Child Support Services determines that the applicant
or recipient failed to provide the information s/he has or can
reasonably obtain (or to otherwise cooperate), then OCSS shall
determine that the applicant or recipient has failed to make a good
faith effort to cooperate. OCSS shall notify RIW/MA/CCAP by e-mail and
in writing of the failure to cooperate and the grounds therefore, and
provide a copy of to the applicant or recipient. If subsequent to the
issuance of the notice of noncooperation, the applicant or recipient
begins cooperating, OCSS shall promptly issue a notice of cooperation
in writing, and by e-mail to RIW/MA/CCAP and provide a copy to the
applicant or recipient.
RIW/MA/CCAP shall upon receipt of a determination of noncooperation
from OCSS, impose a sanction for noncooperation in accordance with DHS
policy, unless the applicant or recipient establishes good cause. If
DHS imposes a sanction for noncooperation, DHS shall provide the
applicant or recipient with an opportunity to challenge the imposition
of the sanction in accordance with DHS policy.
18
0704.25.10 Good Cause
REV: 04/2010
An applicant or recipient of RIW/MA/CCAP may claim good cause for
refusing to cooperate with the Office of Child Support Services. In
claiming good cause, the applicant or recipient states that by
cooperating with the Office of Child Support Services in the child
support enforcement effort s/he would not be acting in the best
interest of the child. That is, cooperation with OCSS would result in
physical or emotional harm to the child or the applicant or recipient.
Physical harm and emotional harm, as defined, must be of a serious
nature. It must be demonstrated to the DHS agency representative that
there exists an emotional impairment that substantially affects the
individual's functioning for a finding of good cause for emotional harm
to be made.
If a determination is based in whole or in part upon the anticipation
of emotional harm to the child, parent, or other caretaker relative,
consideration is given to the following:
- the present emotional state of the individual subject
to emotional harm;
- the emotional health history of the individual;
- intensity and probable duration of the emotional
upset;
- degree of cooperation to be required; and the extent of
involvement of the child in paternity establishment or support
enforcement activity to be undertaken.
The DHS agency representative can find good cause on the basis of
anticipated physical harm without corroborative evidence if the agency
considers the claim credible without corroborative evidence and if such
corroborative evidence is not available.
For example, battered women are often too afraid or ashamed to tell
anyone of the beatings they have received and would therefore be unable
to corroborate a valid good cause claim.
In this case, the claimant has the burden of establishing her
credibility as well as explaining why no evidence is available.
The agency is required to investigate this type of claim and while it
may not establish the good cause circumstance, it should establish the
credibility of the claimant.
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/Social Worker and
signed and dated, in duplicate, by each. The applicant or recipient
retains a copy. The second copy is filed in the RIW/MA/CCAP case
record. Good cause applies only to cooperation. The eligibility
19
requirement regarding the assignment of support rights is not affected
by a good cause determination.
In addition, OCSS shall provide written notice to each applicant or
recipient informing her/him of the right to claim good cause with DHS,
the basis for a good cause claim, and how to claim good cause with DHS
pursuant to DHS policy.
An applicant or recipient may claim good cause for non- cooperation at
any time with DHS.
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.
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 Child Support
Services agent via the APPD CASE panel.
If an applicant or recipient informs OCSS of facts that may give rise
to a claim of good cause, OCSS shall refer the applicant or recipient
to DHS to claim good cause.
0704.25.15 Domestic Violence and Child Support
REV: 04/2010
There are two scenarios where a custodial parent may allege there is an
issue of domestic violence that prevents him/her, or limits his/her
ability to pursue establishment and enforcement of a child support
order. In the first scenario, the custodial parent applies for benefits
from the Rhode Island Works and alleges an issue of domestic violence.
The caseworker determines there is good cause not to proceed. The case
is referred to the Office of Child Support Services and generally the
office relies on the good cause finding and will not pursue the non-
custodial parent to establish an order. However, in a limited number
of cases the custodial parent receiving benefits wishes to proceed with
establishment of an order but needs to have his/her confidential
address protected.
In the second scenario, a non-welfare custodial parent applies for
child support services and indicates that there is a domestic violence
issue, and that the non-custodial parent does not know where s/he
resides but that s/he wishes to establish or enforce a child support
order in safety. The OCSS would follow procedures to obtain an ex-parte
order to seal the Court file before any pleadings are filed and in
substituting the address of the agency for the address of the custodial
parent to protect the confidential address.
20
The Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (PRWORA) mandated the establishment of the Federal Case Registry
(FCR). The Federal Office of Child Support Enforcement (OCSE) operates
the Federal Parent Location Services (FPLS) designed to address
problems created for the establishment and enforcement of paternity and
support orders due to interstate movement of custodial and non-
custodial parents. The FPLS helps States track information about
parties and assists States in locating parties, establishing paternity
and support and enforcing orders. The FPLS includes the National
Directory of New Hires (NDNH) and Federal Case Registry (FCR).
The FPLS data is shared and there is a risk that safety could be
jeopardized in cases with "family violence". Therefore, States must
notify OCSE when there is reasonable evidence of "family violence" and
the information in the New Hire and State Registries could be harmful
to the party or to the child.
Notice of Family Violence is transferred to OCSE through the Family
Violence Indicator (FVI).
According to RI law (RIGL Sec. 40-5.1-46) a history of domestic
violence means:
O Physical acts that resulted in or threatened to result in
physical injury to the individual
o Sexual abuse
o Sexual activity involving a dependent child
o Being forced as the caretaker relative of a dependent
child to engage in non-consensual sexual acts or
activities
o Threats of, or attempts at, physical or sexual abuse
o Mental abuse
o Neglect or deprivation of medical care
Note: A court hearing is not necessary to indicate a history of
domestic violence.
OCSS has strict rules about when it is permitted to share information
with others and places certain limits on information access by someone
not associated with the national and state child support agencies.
Because of possible family violence, OCSS will take an extra step to
protect personal information on the Child Support computer system by
placing a "Family Violence Indicator" (called the "FVI") on the child
support computer file. A FVI does not keep the Child Support office
from taking the necessary actions to establish paternity, support,
medical insurance orders or enforcing court orders through Court or
administrative procedures. The FVI is not a Court restraining order
against the non-custodial parent. The FVI only prohibits disclosure of
certain information that is on the OCSS computer system to the non-
custodial parent. It does not prevent the non-custodial parent from
getting information about you from other sources, including records at
the Family Court.
The Family Court records are public documents and do not belong to
OCSS; the Family Court records can be seen by anyone unless there is a
court order to seal the file. If the custodial parent believes that
there is personal information in their court file that should also be
21
protected, our office upon request from the custodial parent will
continue to keep the FVI on our computer file and file a motion to seal
the Court file.
That Motion is served on the non-custodial parent and s/he will have
the right to come to court to object to the file being sealed. If the
non-custodial parent objects, then you will have the right to a hearing
by the Court on whether the file should be sealed permanently to
protect your information.
If good cause is claimed on a case or a custodial parent requests that
their address be protected, the child support agent will put a Family
Violence Indicator on the case and refer the case to the legal
department. The legal staff will review the case and send a letter to
the protected party with an affidavit of non-disclosure by the Family
Court and FVI status update. If the protected party does not reply,
then the indicator will remain on the case. If the reply indicates
that the FVI is no longer needed, then the FVI will be removed and the
request will be scanned. If the reply indicates FVI requested, then
FVI will remain on case. If the reply requests that the Court File be
sealed, the FVI will remain and the case will be referred to the legal
unit to file a motion to seal the court record.
On interstate cases there is no uniformity of procedures state to state
at this time.
0704.30 COMMUNICATIONS WITH RIW STAFF
REV: 04/2010
The RIW/MA Eligibility Technician or the CCAP Social Worker and the
Child Support Services agent will notify each other of information
pertaining to the RIW/MA/CCAP custodial parent, the non custodial
parent, and their child support case. Information will be exchanged
via the INRHODES MAIL function. Upon receiving a message from the
RIW/MA Eligibility Technician or the CCAP Social Worker, the Child
Support Services agent will record the information as a message on
(CONT)ACT.
The Child Support agent will notify the RIW/MA Eligibility Technician
or the CCAP Social Worker when:
o The custodial parent fails to cooperate with the
Office of Child Support Services;
O The custodial parent claims good cause;
O The custodial parent is found to be living at an
address that is different from the address at which
s/he receives assistance;
o Paternity is established; and/or
o The non-custodial parent is found to be living with
the applicant/recipient.
22
0706 CSE/NA CASE PROCESSING
0706.05 SERVICES PROVIDED
REV: 04/2010
The Office of Child Support Services 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 and to modify a court order.
The Office of Child Support Services 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 RIW cases were closed after
October, 1985.
For all others, including custodial parents whose RIW 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 the Office of Child Support
Services. 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.
0706.10 NA APPLICATION PROCEDURES
REV: 04/2010
Custodial parents may request a NA application by calling or writing
the Office of Child Support Services office or by downloading an
application from the website at www.cse.ri.gov.
23
The agency will determine whether the case is establishment,
enforcement or interstate and forward to the appropriate agent.
The Office of Child Support Services agent will (within twenty calendar
days of the date the Office of Child Support Services 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.
0706.10.05 NA Application Interview
REV: 04/2010
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 Obtain a completed income and expense sheet
o Obtain the custodial parent's signature on any forms
necessary to initiate action.
0706.15 CUSTODIAL PARENT RESPONSIBILITIES
REV: 04/2010
The non-assistance (NA) custodial parent must cooperate with the Office
of Child Support Services in the child support enforcement effort.
Cooperation means helping in:
o Locating the non custodial parent;
o Establishing paternity and orders for support and;
24
o Collecting the support.
Actions include:
o Keeping the
Office of Child Support Services informed of his/her
current address;
o Appearing at the Office of Child Support Services
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: 04/2010
If an existing IV-D non-assistance (NA) custodial parent begins
receiving RIW, the IV-A/IV-D interface will automatically switch the
CASE TYPE from N (non-assistance) to A (RIW) 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: 04/2010
When a custodial parent's RIW case is closed, the Office of Child
Support Services continues IV-D services by opening a non- assistance
(NA) case. A letter is sent to the custodial parent informing her/him
that child support services will continue unless a request is made in
writing that these services are no longer wanted.
0706.30 Mandatory $25 Fee
REV: 01/2008
Effective 10/1/06, pursuant to the Deficit Reduction Act, in all never
assistance cases, where the state has collected $500.00 in child
support annually, the state will remit a fee of $25.00 annually to the
federal office of child support enforcement as program income.
0708 RICSS/FOSTER CARE CASE PROCESSING
0708.05 FOSTER CARE AGENCY RESPONSIBILITIES
REV: 07/1994
25
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.
0708.10 CSE AGENCY RESPONSIBILITIES
REV: 04/2010
The OCSS 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 20 calendar days of receiving a referral from the DCYF, the OCSS
agency establishes a child support case. Within that time, the OCSS
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 OCSS agency will:
o Locate the parent;
o Establish paternity if necessary;
o Establish orders for support and medical support; and
o Enforce orders
0708.15 ASSIGNMENT AND REFERRAL
REV: 04/2010
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 an amount determined
by the State in accordance with a formula established by the State.
0708.20 MONEY COVERED BY THE ASSIGNMENT
REV: 04/2010
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
a non-custodial 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
26
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 non-custodial parent of the children, or by
anyone on behalf of the non-custodial parent.
Assigned monies also include any benefits, such as Social Security,
Veterans' Benefits, and allotments or pensions, payable to the non-
custodial 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 anon-custodial 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 Office of
Child Support Services.
0708.25 COMMUNICATIONS WITH FOSTER CARE STAFF
REV: 04/2010
The Office of Child Support Services and Foster Care agency will
exchange information via the INRHODES System.
0710 RICSS/MAO CASE PROCESSING
0710.05 MEDICAL ASSISTANCE AGENCY RESPONSIBILITIES
REV: 04/2010
The Medical Assistance agency is responsible for forwarding all cases
where the custodial parent is receiving Rite Care, Medicaid or Rite
Share to the OCSS agency.
Also, it must notify the OCSS agency when a non-custodial parent
changes or drops insurance and when a custodial parent stops receiving
Medical Assistance.
0710.10 CSE AGENCY RESPONSIBILITIES
REV: 04/2010
The Office of Child Support Services must file proceedings to establish
a medical insurance coverage or cash medical order according to the
medical assignment. In addition, OCSS is responsible for providing the
same services as it does for any other type of child support case,
including: locating non- custodial parents, establishing paternity and
orders for support and medical support, and enforcing such orders, if
the custodial parent requests full services.
Within five (5) working days of receiving a referral from the Medical
Assistance agency, the custodial parent is provided with an explanation
regarding:
27
o Child support services that are optional;
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 Office of Child Support Services
establishes a medical support case. Within that time the Office of
Child Support Services 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 Office of
Child Support Services will request additional information or pursue
further location attempts where appropriate.
The Office of Child Support Services will:
o Locate non custodial parents;
o Establish paternity;
o Establish orders for support if requested and medical
support;
o Enforce orders; and
o Continue IV-D services when a family ceases to receive
assistance.
0710.15 ASSIGNMENT AND REFERRAL
REV: 04/2010
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. However, the custodial parent is not
assigning any rights to child support.
That is a separate assignment, which arises when the custodial parent
receives RIW benefits.
0710.20 CUSTODIAL PARENT RESPONSIBILITIES
As a condition of eligibility for Medical Assistance, a recipient is
required to cooperate (unless good cause for refusing to cooperate is
28
determined) with the State in: identifying and locating the non-
custodial parent, establishing paternity for children born out of
wedlock, establishing medical support obligations, and enforcing such
orders.
0710.25 COMMUNICATIONS WITH MA STAFF
REV: 04/2010
The Office of Child Support Services and Medical Assistance agency will
exchange information via the INRHODES MAIL function.
0712 COOPERATIVE AGREEMENTS
0712.05 COOPERATIVE AGREEMENT DEFINED
REV: 04/2010
The Office of Child Support Services enters into cooperative agreements
with the Rhode Island Family Court, 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.
0712.10 OCSS AGENCY/FAMILY COURT RELATIONSHIP
REV: 04/2010
The Office of Child Support Services and the Rhode Island Family Court,
in order to effect a procedure for establishing paternity and
establishing child support and collecting and distributing child
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.
0712.10.05 DHS Responsibilities
REV: 04/2010
If an existing IV-D non-assistance (NA) custodial parent begins
receiving RIW, the IV-A/IV-D interface will automatically switch the
CASE TYPE from N (non-assistance) to A (RIW) upon initial approval of
IV-A benefits. The case will appear on the agent's DAIL with a message
regarding the case status change.
0712.10.10 Family Court Responsibilities
REV: 04/2010
In summary the Family Court agrees to:
o Receive and hear civil complaints to establish
paternity, child and medical support, for enforcement
and related motions. Non-jury paternity trials shall
29
be made available to the litigants in accordance with
State statute. The Family Court will work
cooperatively with the Office of Child Support
Services to resolve paternity cases within one (1)
year of service of the complaint upon the putative
father;
o Receive voluntary acknowledgements of paternity after
informal hearing in accordance with State statute;
o Receive and hear in-state and interstate (UIFSA)
complaints and motions 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 45CFR 302.56;
o Docket complaints and motions on a date certain,
within six (6) weeks from the week that they are filed
with the Family Court
o Establish and maintain an "Appeals Calendar" for the
timely judicial review of administrative decisions
concerning administrative offset, administrative
liens, and any decision or order of a Family Court
Magistrate;
o Safeguard information relating to applicants or
recipients of support enforcement services, in
accordance with Federal requirements;
o Upon reasonable notice, allow OCSS access to all
records and periodic on-site observation of the
performance of functions being carried out relative to
the agreement;
o Order all obligors to make support payments directly
to the Family Court by wage withholding unless good
cause for not withholding is demonstrated; and
o Collect, identify, and post, via input to an automated
child support enforcement system, all IV-D support
payments within one business day of their receipt.
Such receipts should reflect both the appropriate
period(s) of collection, and the appropriate
posting date(s).
0712.15 COOPERATIVE AGREEMENT WITH DCYF
REV: 04/2010
30
In Foster Care cases, under cooperative agreement the DCYF, and the
Office of Child Support Services agree to carry out the
responsibilities set forth below.
0712.15.05 DCYF Responsibilities
REV: 04/2010
The DCYF will:
o Refer cases per the policy established and provide the
Office of Child Support Services 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
if available;
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 Attempt to resolve paternity issues prior to referral;
o Supply the birth certificate for all cases;
o Supply a paternity affidavit when the father's name is
not listed on the birth certificate;
o Attempt to resolve the paternity issues prior to
referral;
o Supply an affidavit of placement for all cases;
o Be responsible for all information on complaint forms,
and take responsibility for legal action other than
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 Office of Child Support Service's
request, on issues relating to the legal basis of DCYF
programs, activities and claims;
0712.15.10 OCSS Responsibilities
REV: 04/2010
The Office of Child Support Services will:
o Accept and review cases forwarded by the DCYF;
o Prepare all other needed legal forms to process the
case through the court;
o Insure that the case is properly served and parties
31
are notified to appear in court;
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
behalf of DCYF, after having first deducted the
reasonable costs and expenses incurred in the
processing of each case.
0712.20 COOPERATIVE AGREEMENT WITH DLT
REV: 04/2010
The Rhode Island Department of Labor and Training (DLT) and the Office
of Child Support Services have entered a cooperative agreement.
The DLT agrees to:
o Compare the electronic file of child support obligors,
provided by the Office of Child Support Services in
behalf of DHS, with the appropriate DLT files to
identify those non-custodial parents who are DLT
claimants, and notify OCSS of any non-custodial
parents so identified; and
o Withhold a specified amount from an non custodial
parent's weekly unemployment compensation, workers
compensation or temporary disability benefit amount,
as requested by OCSS
Office of Child Support Services agrees to:
o Provide an electronic file of non-custodial parent's
names for matching with appropriate DLT files, to
identify claimants;
o Certify to DLT, by means of an order/notice to
withhold income for child support any identified non-
custodial parent who has either an outstanding court
order with arrears, or an agreement with the Office
of Child Support Services to withhold a specific
amount;
o Accept all amounts withheld and remitted to the Family
Court, for the appropriate distributions; and
32
o Notify the DLT of any changes in the amounts to be
withheld, or of information regarding claimants.
0714 CASE MANAGEMENT
0714.05 CASE INITIATION
REV: 04/2010
The Office of Child Support Services, 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. RIW IV-D cases
are automatically established upon approval of the RIW case and are
processed through the IV-A/IV-D interface. The initial IV-A case data
on the non-custodial parent, child(ren), and client is used to create
the IV-D case record without any data entry requirement by the Child
Support Services agent.
0714.05.05 Initiating RIW Cases
REV: 04/2010
RIW 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 RIW 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
RIW 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.
To review a case the agent will:
33
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);
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
34
panel, to remove the case from the DAIL INIT to DAIL.
0714.05.10 Initiating NA, MAO, Foster Care Cases
REV: 04/2010
In non-assistance (NA) cases, information does not come over through
the IV-A/IV-D interface. New cases (case never before entered) are
established by the Child Support Services agent when information
obtained from an application or referral is input via InRhodes.
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. Non-custodial
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 (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 request that the docket number be entered in the
computerized card file system (CORT) by their supervisor.
The Department will enter the court order data.
0714.05.15 Follow Up to Initial Review
REV: 04/2010
Based on an assessment of the case to determine necessary action, the
Office of Child Support Services will:
o Solicit necessary and relevant information from the
custodial parent, and other relevant sources, and
initiate verification of additional information, if
appropriate;
o In RIW, if a birth certificate is necessary, the agent
will access the Vital Records interface to obtain a
facsimile. Eligibility technicians will send the
needed birth certificates if available to OCSS by fax,
35
via scanning or interoffice mail.
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 Office of Child Support Services
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.
0714.05.20 Determining the Next Action
REV: 04/2010
After completing the Initial Review, the Child Support agent will
decide what action to take next. This will depend primarily on whether
the non-custodial parent has been located; that is, whether there is an
address at which the non-custodial parent can be served. The agent
will proceed by either:
o Verifying the non-custodial 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 non-custodial 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
When the non custodial parent has never been ordered to pay support
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 RIW and it is being reopened;
o Proceed to Modification of Child Support Orders when
appropriate (See Section 0726).
When the non-custodial parent is located in another state, the case may
be transferred to the Interstate agent. See Section 0716.
36
0714.10 INITIAL VERIFICATION OF ARREARS
REV: 04/2010
The Child Support Services agent will have the custodial parent
complete an affidavit of arrears( when appropriate) in cases where an
order has been entered and the order is not payable through the RI
Family Court. The affidavit of arrears provides the custodial parent
with a place to attest to the amount of support that was received
directly from the non-custodial parent.
Arrearage amounts are set by the Family Court when the case is taken to
court for an establishment or enforcement action.
0714.15 RIW TO NA OPENINGS
REV: 04/2010
When IV-A closes a RIW case, the information comes over on the IV-A/IV-
D interface and the system automatically converts the IV-D case message
to the agent's DAIL that the RIW 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: 04/2010
When a child is added to an RIW 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;
o Record information/data on the appropriate panels
including any contact with the custodial parent or
non-custodial 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.
0714.25 EMANCIPATION
REV: 04/2010
37
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. If the child has a mental or
physical disability, which occurred before emancipation, the order may
continue until the child's 21st birthday. However, a non-custodial
parent is obligated to continue paying current child support until s/he
has obtained an order terminating that obligation. Therefore, the -
OCSS will continue to enforce an order until such time as the order has
been terminated and arrears have been suspended.
Internally the InRhodes system will stop the order at the youngest
child's 18th birthday. This does not affect the legality of the order.
0714.30 CASE ASSESSMENT AND PRIORITIZATION
REV: 04/2010
The Office of Child Support Services 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.
The dail (daily reports) function is an automated tool to insure that
all cases are prioritized and processed in accordance with the federal
timeframes per FSA-88. The dail lists the cases with the oldest FSA-88
due date at the top of the list. Each agent has a dail for their
caseload. The mail dail lists all of the cases in each agent's
caseload in order by the date that the specific action is due. The
case-specific dail is a list of all conditions which exist on the case.
0714.35 CASE CLOSURES
REV: 04/2010
In order to be eligible for closure, a case must meet at least one of
the closing criteria described. Once the case becomes eligible for
closure, InRhodes automatically schedules the case to close sixty (60)
days in the future and generates the closure letter to send to the
custodial parent. An agent can also schedule a case for closure by
entering a closure date sixty (60) days in the future. InRhodes will
automatically send the closure letter and close the case in sixty (60)
days via the monthly case closure process. 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.
38
A custodial parent may request, at a later date, that her/his case be
reopened if there is a change in circumstances that could lead to the
establishment or enforcement of an order.
The Office of Child Support Services will retain closed case records
for a minimum of three (3) years before purging the file.
0714.35.05 Closing Criteria Requiring 60 Day Notice
REV: 04/2010
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 There is no longer a current support order and
arrearages are under five hundred dollars ($500) or
unenforceable under state law;
o The non-custodial 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 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.
OCSS shall file a Motion to Dismiss based upon the
exclusion; or
o The Office of Child Support Services 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 adoptions are pending;
o The identity of the biological father is unknown and
cannot be identified after diligent efforts, including
at least one interview by the IV-D agency with the
recipient of services;
o The non-custodial parent's location is unknown, and
regular attempts have been made using multiple sources
to locate the non-custodial parent over a three (3)
year period, when there is sufficient information to
initiate an automated locate effort, or over a one (1)
year period when there is not sufficient information
to initiate an automated locate effort;
o The non-custodial parent cannot pay support for the
39
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 Office of Child
Support Services must also determine that no income or
assets are available to the non-custodial parent that
could be levied or attached for support;
o The non-custodial parent is a citizen of, and lives in
a foreign country, does not work for the Federal
government or a company with headquarters or offices
in the United States, and has no reachable domestic
income or assets, and the state has been unable to
establish reciprocity with the country.
o In an NA case:
The Office of Child Support Services is unable to
contact the custodial parent within a sixty (60)
calendar day period despite an attempt of at
least one letter sent by first class mail to the
last known address, or
The custodial parent fails to cooperate and an
action by the custodial parent is essential for
the next step in providing services.
O OCSS documents failure by the initiating state to
take an action which is essential for the next step
in providing services.
0714.35.10 Closings Without Prior Notice
REV: 04/2010
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-assistance location only;
or
o The non-assistance custodial parent requests closure
of a case and there is no assignment to the State of
medical support or arrearages which accrued under a
support order; 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
40
0716 ABSENT PARENT LOCATION
0716.05 LOCATION STANDARDS
REV: 04/2010
A non-custodial 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 Office of Child Support Services
to take the next appropriate action.
Within no more than seventy-five (75) calendar days of determining that
location is necessary, the Office of Child Support Services 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;
Income taxation;
Driver's licenses, vehicle registration; and
Criminal records.
0716.05.05 Continued Location Efforts
REV: 04/2010
41
In cases where previous attempts to locate the non-custodial parent
have failed, but for which adequate identifying and other information
exists, the Office of Child Support Services 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 a non-custodial
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 non-
custodial 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 non-custodial 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 Non-Custodial Parent Social Security Numbers
REV: 04/2010
The non-custodial parent's social security number is the single most
important piece of information needed for location. With it, the Child
Support Services agent can query various location resources, and also
be assured that the non-custodial parent will be included in electronic
matches used for location, establishment, and enforcement.
0716.20 ACCESS TO INFORMATION
REV: 04/2010
The Office of Child Support Services 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 Child Support Services agent decides which individuals or entities
to query to assist in the location of the obligor based on information
available in the case.
These requests for information can be made by any method, including but
not limited to:
42
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 Child Support Services 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 Office of
Child Support Services 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
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 Office of Child Support
Services 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
43
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
Office of Child Support Services 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 Office of Child Support Services, 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 Office of Child Support Services.
Any employee of the Office of Child Support Services 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: 04/2010
The Office of Child Support Services submits a monthly tape to the
credit bureau for locating non-custodial parents. The credit bureau
may provide information regarding the non- custodial parent residence
and/or employment.
0716.20.15 Division of Motor Vehicles
REV: 04/2010
The Division of Motor Vehicles can provide a non-custodial 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.
44
Address information obtained from the DMV driver's license records is
that which is provided by the non-custodial 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.
0716.20.20 Department of Labor and Training
REV: 04/2010
The Office of Child Support Services and the Department of Labor and
Training (DLT) conduct a tape exchange once a month to match non-
custodial parents' social security numbers with DLT employment and wage
information. An employer, under RIGL 15-24- 5, who hires or rehires an
employee on or after October 1, 1997, must report the hiring or
rehiring to the National Directory of New Hires (NDNH) no later than
fourteen (14) days after hire or rehire, or twice a month, if reporting
electronically or magnetically. Once the Office of Child Support
Services submits a non-custodial parent's social security number on the
tape, the Office of Child Support Services 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 by two (2) monthly transmissions
not less than twelve (12) days, or more than fifteen (15) days apart.
0716.20.22 Requests for Information from Employers
REV: 04/2010
The Child Support Services 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 Office of Child Support Services
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 that 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 twenty dollars ($20) for each violation. If it is
demonstrated that the employer conspired with the employee to avoid
reporting, a five hundred dollar ($500) civil penalty may be assessed
by the Department.
Unauthorized disclosure of information caused by the Department by any
employee or agent of the state, is punishable by a fine of one hundred
45
dollars ($100) per offense and is subject to administrative discipline
of the employee.
0716.20.25 U.S. Postal Service
REV: 04/2010
The agent will send a Letter for Location (Post Office) via the
INRHODES FORMS function to verify a non-custodial parent's current or
forwarding address.
0716.20.30 Police or Criminal Records
REV: 04/2010
The Child Support InRhodes System electronically exchanges information
with the Adult Correctional Institution (ACI), and the Bureau of
Criminal Investigation (BCI).
0716.20.35 Office of Vital Records
REV: 04/2010
The Child Support InRhodes System electronically exchanges information
regarding birth certificates with the R.I. Office of Vital Records.
0716.20.40 U.S. Armed Forces
REV: 04/2010
The Child Support InRhodes electronically exchanges with the Department
of Defense to locate members of the armed forces.
There is a legal procedure that must be followed to serve members of
the armed forces and to secure a child support order.
0716.20.45 Federal Parent Locator Service
REV: 04/2010
The Federal Parent Locator Service is provided by the Office of Child
Support Services (OCSS) for the purpose of locating non- custodial
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);
46
o National Personnel Records Center (NPRC);
o Selective Service System (SSS).
o National New Hire Data base
o Federal Registry
0716.20.45.05 Restrictions
REV: 04/2010
Only the central State Parent Locator Service (SPLS) office, or other
designated Office of Child Support Services, 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 a
non-custodial 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 Kidnapping,
if an agreement is in effect to use the FPLS in
connection with parental kidnapping or child custody
cases.
0716.20.45.10 Requirements
REV: 04/2010
All requests from the FPLS will include:
o The non-custodial parent's name;
o The non-custodial 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 non-custodial parent
is, or has been, a member of the armed services (if
known);
o Information regarding whether the non-custodial parent
is, or has ever, received any Federal compensation or
benefits; and
47
o Any other information prescribed by OCSE.
All requests to the Federal Parent Locator Service must be 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 kidnapping;
o Any information obtained through Federal Parent
Locator Service shall be treated as confidential as
outlined in Section 0700.
0716.20.45.15 Submitting Requests
REV: 04/2010
INRHODES will automatically submit Federal Parent Locate Services(
FPLS) requests every six months on cases for which the non-custodial
parent's social security number is known and location has not been
verified.. To determine whether a case has been submitted to the FPLS
the agent will review the case on the system.
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.
0716.20.50 State Parent Locator Service
REV: 04/2010
The Office of Child Support Services central registry acts as Rhode
Island's State Parent Locator Service. The central registry will:
o Submit location requests to other states' Parent
Location Services; and
o Provide location services for other states.
0716.20.55 Directories
REV: 04/2010
The Child Support agent will make use of various directories such as
the Verizon telephone directory.
0716.20.60 Friends and Relatives
REV: 04/2010
48
Friends and relatives of the non-custodial 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: 04/2010
The OCSS agency conducts an electronic match with the Division of
Taxation to intercept State tax refunds which will provide a non-
custodial parent's most recent filing address.
0716.20.70 Project 419
REV: 04/2010
IRS Project 419, more commonly referred to as Group II, provides
information from the non-custodial 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 Office of Child Support Services will request Group II information
when:
o All appropriate resources have been queried;
o All leads have been exhausted;
o The non-custodial parent's social security number is
known.
The agent will:
o 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
Office of Child Support Services;
o Enter a message on the INRHODES.
49
0716.20.75 Parental Kidnaping
REV: 04/2010
The Office of Child Support Services will accept requests from agents
or attorneys of the United States for FPLS location services in
connection with a parental kidnapping or child custody case.
0718 PATERNITY ESTABLISHMENT
0718.05 LEGAL BASIS
REV: 04/2010
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 Office of Child Support Services 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.
0718.10 PATERNITY TIME FRAMES
REV: 04/2010
For all cases referred, or when a non-assistance (NA) application is
filed and for which paternity has not yet been established, the Office
of Child Support Services 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 Office of Child
Support Services 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 Office of Child Support
Services vigorously pursue obtaining voluntary acknowledgments of
paternity whenever possible. Voluntary acknowledgments often lead to
quickly established support orders thereby increasing the chances of
successfully meeting federal completion time frames.
50
0718.15 PATERNITY PROCESSING
REV: 04/2010
Before proceeding with paternity case processing, the Child Support
Services 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 that needs to
be referred directly to the Office
of Child Support Services Legal Unit after location
such as:
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: 04/2010
When a mother applies for RIW 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 Child Support
Services 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:
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
51
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. In cases where a legal presumption of paternity exists, that
case will be resolved prior to beginning a case against a putative
father.
0718.15.10 Presumptions of Legal Paternity
REV: 04/2010
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
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
52
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 genetic test result of 97% or higher creates a
conclusive presumption of paternity when submitted as
evidence in a paternity action;
o A presumption under this section may be rebutted in an
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.
0718.15.10.05 Presumption Determined
REV: 04/2010
When the agent determines that there is a presumed legal father, (s)he
will:
O Obtain birth record abstract from InRhodes
o Request a copy of the child's birth certificate, if
not already provided from IV-A Human Services, Health
Department, Office of Vital Records or applicant:
To request a birth certificate in anon-assistance
case, the Child Support Services agent will
request that the custodial parent provide the
certificate;
o Enter the correct paternity status code on the APPD
CHLD panel;
53
o Make an entry on the INRHODES (CONT)ACT function;
o Proceed to the Support Order Establishment Section
(Section 0720).
O If evidence exists which overcomes the presumption,
the agent assigned to the named putative father will
use this information to begin that case.
0718.15.15 Verifying Location
REV: 04/2010
To initiate paternity establishment, the agent will obtain a verified
Rhode Island address at which the putative father can be served.
When the non-custodial parent's verified address is out of state, the
agent will forward the case to the Office of Child Support Services
Interstate Unit (see Section 0716), or file a long arm paternity action
if appropriate (if the child was conceived in Rhode Island).
0718.15.20 Putative Father Receiving Benefits
REV: 04/2010
The agent may discover that the putative father is receiving SSI, GPA,
RIW or is incarcerated. The receipt of any of the foregoing will not
prevent the agent from pursuing paternity establishment.
0718.20 COMPLAINT FOR PATERNITY
REV: 04/2010
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 RIW and Medical Assistance Only (MAO)
cases, the agent will have it served on the custodial parent by the
Constable.
Once the custodial parent is served, the agent will print the Paternity
Initial Referral. The system will:
o Assign the case to a Constable for service;
o Record the action on the CASE (TRAC)KING function.
0718.20.05 Serving the Complaint for Paternity
REV: 04/2010
54
The clerical unit 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 unit.
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 Child Support Services agent.
The Child Support Services agent will refer the case to the Office of
Child Support Services Legal Unit to obtain the Attorney's signature on
the Complaint for Paternity.
0718.25 INITIAL NOTIFICATION TO PUTATIVE FATHER
REV: 04/2010
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 Office of Child Support Services. The putative father is
provided an affidavit and answer to complete and return.
0718.25.05 Serving the Putative Father
REV: 04/2010
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.
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.
55
0718.30.05 Putative Father Admits Paternity
REV: 04/2010
The non-custodial parent's social security number is the single most
important piece of information needed for location. With it the Child
Support Services agent can query various location resources, and also
be assured that the non-custodial parent will be included in tape
matches used for location, establishment, and enforcement.
When a non-custodial 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 non- custodial
parent's correct number, (s)he will enter it on the ABSP panel.
The system automatically attempts to verify social security numbers for
non-custodial parents with social security numbers and dates of birth
recorded. This verification is done via an interface with the Social
Security Administration.
The agent will attempt to resolve discrepancies and resubmit cases for
verification.
0718.30.05.05 Post Hearing Activities
REV: 04/2010
After the hearing, the Child Support Services agent will:
o Enter medical information on the APPD INSU panel;
o Refer the file to enter the order.
Hard copies of the order will be given to:
The custodial parent;
The putative father or his attorney;
The original will go to the Family Court;
O File a copy in the Office of Child
Support Services 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: 04/2010
56
When a putative father denies paternity, the case will be referred to
the OCSS Child Support Administrative Officer by alpha, putative father
name. The Child Support Administrative Officer 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 Produce an Administrative Order for genetic testing,
which will be mailed to the putative father or mailed
to the attorney.
0718.30.10.05 Genetic Tests
REV: 04/2010
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. The
Office of Child Support Services may also administratively order the
parties to attend DNA testing upon receipt of a denial. A court order
is not required. The Child Support Administrative Officer signs an
administrative order for DNA tests. These tests may include, but are
not limited to, DNA tests of 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 DNA tests, such refusal shall
be considered by the court, along with all other evidence presented on
the issue of paternity. A DNA test shall be made by a person the court
determines is qualified as an examiner of DNA 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 DNA the court may order any
part of or all of the compensation paid in advance.
The result of the DNA 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
57
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 DNA 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.
The Office of Child Support Services may also utilize its own
contracted qualified expert DNA facility. When the Office of Child
Support Services is involved in the case and paternity tests are
required, the Office of Child Support Services will schedule the tests
and pay the initial costs. If the defendant is adjudicated the father,
the State will seek reimbursement.
Pursuant to RIGL Section 15-8-11, if the results establish a 97% or
greater probability of paternity, it shall constitute a conclusive
presumption.
0718.30.10.15 Scheduling DNA Test
REV: 04/2010
The Child Support Administrative Officer will:
O Produce an administrative order for testing;
o Schedule the genetic tests;
o Print a Letter to AP Re: DNA Test Appointment, via
FORMS;
o Send the order and Letter to AP Re: DNA Test
Appointment to the putative father or his attorney;
o Print a Letter to Client Re: DNA 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 DNA test appointment, the Child
Support Administrative Officer will send another Letter to AP Re: DNA
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 DNA test.
If, after the appointment has been rescheduled several times, and the
custodial parent fails to keep the appointment, the Child Support
58
Administrative Officer will input the appropriate non-cooperation code
on the case and will notify the IV-A Eligibility Technician via the
MAIL function, if appropriate.
0718.30.10.20 Request for Admissions
REV: 04/2010
DNA test results are returned to the Office of Child Support Services
Legal Unit. When the test shows a high probability of paternity, the
Office of Child Support Services Child Support Administrative Officer
will:
o Send to the putative father (by certified mail), or
his attorney (by regular mail):
A Request for Admissions; and
A copy of the DNA results.
The non-custodial parent has ten (10) days to respond in writing to the
Request for Admissions. If the non-custodial parent objects to the
Request for Admissions, a Motion to Compel Answers may be 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 Judgment (contested) is filed.
If the putative father denies a specific Request for Admissions and
admit the remainder, the Child Support Administrative Officer will file
an amended version of the Motion for Summary Judgment.
A Motion for Bond is filed in conjunction with the Motion for Summary
Judgment. The purpose of the Motion for Bond is to ensure that if the
court does not grant the State's Motion for Summary Judgment, support
payments will be held in escrow until an order is entered. If the non-
custodial parent is later excluded, the support payments will be
returned to the non custodial parent.
The non-custodial parent's presence is required at the hearing on the
Motion for Summary Judgment, even if an attorney is representing him:
o If the non-custodial parent appears and does not
object to the Motion for Summary Judgment, 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 non-custodial parent fails to appear, and is
not being represented by an attorney:
59
The court will grant the Motion for Summary
Judgment, finding the putative father to be the
father of the minor child;
PSJ (Paternity Summary Judgment) will be entered
on the ORDR PATT panel;
The case is then referred back to the Child
Support Services agent to file a Motion for
Support or the state attorney may request a body
attachment.
o If the putative father appears and objects to the
Motion for Summary Judgment, the court may:
Grant the Motion for Summary Judgment and order
the aforementioned relief;
Deny the Motion for Summary Judgment and order a
second genetic or DNA testing, and/or grant the
State's Motion for Bond;
Deny the State's Motion for Summary Judgment and
order the discovery process to continue in
preparation for trial.
0718.30.10.20.05 Discovery
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
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
60
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.
0718.30.10.25 DNA Test Reveals Putative Father Excluded
REV: 04/2010
When the DNA test excludes the putative father, the Child Support
Administrative Officer will review the case to make sure that the
custodial parent was given the opportunity to identify the putative
father during DNA testing.
When the custodial parent did not identify the putative father, the
Child Support Administrative Officer will contact her to come in and
identify him from the lab photo.
When the custodial parent cannot identify the putative father during
DNA testing or during a subsequent appointment with the Child Support
Administrative Officer, the Child Support Administrative Officer 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: DNA Test Exclusion;
A copy of the Motion to Dismiss;
61
A copy of the DNA results;
o Send the putative father, or his attorney, a copy of
the Motion to Dismiss.
After the hearing, the case is forwarded for entry of order.
The Office of Child Support Services will:
o Update the case by entering PDS for (Paternity
dismissed) on the ORDR PATT (COURT ORDERS) panel;
o Provide a copy of the order to the putative father
and mother;
o File the original with the court;
o Retain a copy for the Office of
Child Support Services case file;
o Refer the case record to the
Child Support Services agent, to obtain a new
allegation of paternity for filing a Complaint for
Paternity.
0718.30.15 Putative Father Fails to Respond
REV: 04/2010
When a putative father fails to respond to the Initial Referral (20-day
summons), the agent or system will generate a Paternity: Default packet
and the Motion for Support packet.
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.
0718.30.20 Putative Father Cannot be Served
REV: 04/2010
When the putative father cannot be served, the packet is returned to
the clerical unit. 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).
62
0718.35 ESTABLISH PATERNITY WITHOUT COOPERATION
REV: 04/2010
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 Office of Child
Support Services 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 Office of Child
Support Services. 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 RIW 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 RIW case
closed. Prior to making this determination, Office of Child Support
Services will be afforded an opportunity to review and comment on the
findings and basis for the proposed determination.
0718.40 SPECIAL PATERNITY ISSUES
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.
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: 04/2010
63
The Office of Child Support Services 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. However, the case must be a case where the custodial parent
is receiving services.
0718.40.10.05 Custodial Father Seeks Establishment
REV: 04/2010
The Office of Child Support Services will seek to establish paternity
when a putative father is the custodial parent and applies for RIW, MA,
or NA services. The case shall be referred to the Office of Child
Support Services legal unit by the IV-A Eligibility Technician. An
appointment shall be scheduled..
The Child Support Administrative Officer will immediately:
o Determine if there is an existing case, i.e., if the
mother was previously on RIW 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;
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 RIW eligibility technician of the completed
action via electronic mail. The RIW 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 RIW
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;
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The mother and presumed father, shall be served, 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 Office of Vital Records will be ordered to add the
father's name to the child's birth certificate. The
court may order the Office of Vital Records to change
the child's surname to that of the father as well;
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 Office of Child Support
Services 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 Office
of Child Support Services 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, DNA
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 Office of Child Support
Services Child Support Administrative Officer 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
65
will be terminated and notice will be given to the IV-
A eligibility technician of petitioner's failure to
cooperate.
0718.40.10.10 Non-Custodial Father Seeks Establishment
REV: 04/2010
When a non-custodial putative father requests voluntary paternity
establishment, the Child Support Administrative Officer will follow the
same procedure as outlined under Custodial Putative Father Seeks
Establishment. However, if the natural mother is receiving RIW 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 Child Support Administrative Officer shall update the INRHODES
system with pertinent data and mail a copy of the order to the IV-A
Eligibility Technician.
If the non-custodial parent is seeking to establish paternity by DNA
testing, he may ask the agent to serve him as a Defendant or he may
file an action as a Plaintiff with the Family Court Clerk. If the
custodial parent has named him as the biological father, the agent may
serve him as a Defendant. If not, he may file as a Plaintiff with the
court.
0718.40.10.15 Voluntary Acknowledgment Court Practice
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
66
served upon the mother and any presumed father according to the R.I.
Rules of Procedure for Domestic 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: 04/2010
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 and oral materials about paternity
establishment, including written descriptions of the
rights and responsibilities of acknowledging
paternity;
o An affidavit of paternity signed by both parties;
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; and
O The opportunity to view the Power of Two videotape,
which explains in detail the rights and
responsibilities of acknowledging paternity
This hospital based program must also ensure that due process
safeguards are met. The birthing hospital will be responsible for
electronically forwarding completed acknowledgements or copies to the
R.I. Department of Health, Office of Vital Records. Both parents must
sign these voluntary acknowledgements and the signatures notarized or
witnessed.
Voluntary acknowledgments made through a voluntary acknowledgement
program are a basis for seeking a support order without requiring any
further proceedings to establish paternity. This process may also be
done at the Office of Child Support Services and at the Office of Vital
Records.
The OCSS will provide supplies and manuals to the birthing hospital and
the Office of Vital Records on an ongoing basis.
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The requirement for participation in the programs by hospitals is in
addition to the birth registration requirements under title 23, chapter
3 of the General Laws.
0718.45 LIMITATION ON RECOVERY FROM THE FATHER
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.
0718.50 LIMITATIONS OF RECOVERY FROM FATHER'S
ESTATE
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.
0718.55 STATUTE OF LIMITATIONS
REV: 04/2010
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 15-8-6, is not barred until four (4) years
after the child reaches the age of majority.
0718.60 JURISDICTION AND REMEDIES
REV: 04/2010
The Family Court has jurisdiction of an action commenced under Rhode
Island General Law (RIGL) Sections 15-8-11, 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 jurisdiction to modify or revoke an order and to increase or
decrease amounts fixed by order for future education and necessary
support and maintenance. All remedies under the Uniform Interstate
Family Support Act, and amendments thereto, are available for
enforcement of duties of support and maintenance under RIGL15-23.1-1.
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.
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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.
0718.64 CLEAR AND CONVINCING EVIDENCE
REV: 04/2010
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 DNA 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.
0718.66 TRIAL BY COURT
REV: 04/2010
A trial shall be heard by the court.
0718.68 VENUE
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
69
which proceedings for probate of his estate have been or could be
commenced.
0718.70 TIME OF TRIAL
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.
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: 04/2010
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.
The Office of Child Support Services is authorized to issue subpoenas
as appropriate to individuals or entities to secure financial and other
information relating to the obligor for the purpose of and to the
70
extent necessary for the administration of the child support
enforcement program. An individual or entity that fails to reply to an
administrative subpoena shall be liable for a civil penalty of one
hundred dollars ($100) for the violation and shall be required to
provide the information and/or comply with the request.
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 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 DNA 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.
0718.76 HEARINGS AND RECORDS-CONFIDENTIALITY
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.
0718.78 JUDGEMENTS
REV: 04/2010
The judgment or order of the court determining the existence or
nonexistence of the parent and child relationship is determinative for
all purposes.
If the judgment 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 judgment 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 judgment or order may direct the father to pay the
reasonable expenses of the mother's pregnancy and confinement.
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0718.78.05 Default Judgements
REV: 04/2010
A non-custodial parent's delay or failure to respond to court action
initiated by the Office of Child Support Services 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;
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 DNA 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.
0718.80 JUDGEMENTS-ENFORCEMENT
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.
0718.82 BOND TO SECURE PAYMENT OF JUDGEMENT
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.
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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: 04/2010
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.
0719 FATHERHOOD INITIATIVES
0719.05 Job Training and Placement
REV: 04/2010
The Office of Child Support Services refers non-custodial parents who
are unemployed or underemployed to the Department of Labor and Training
Rapid Job Entry Program for job training and placement. Non-custodial
parents, the large majority of whom are fathers, may request these
services of a child support agent.
Alternatively, the Rhode Island Family Court may, as part of a Court
order, refer the non-custodial parent. Many times fathers are referred
when they are before the Court on a Motion to Adjudge in Contempt for
failure to pay or a Motion to Modify their child support order because
73
of a loss of employment or reduction in wages. If the Court refers the
father for employment, there is typically a continuance date to return
to court so that the Court may receive a report of progress from the
Department of Labor and Training.
0719.05 CHILD SUPPORT PROGRAM PURPOSE
REV: 04/2010
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 non-custodial parents to their children and the spouse
(or former spouse) with whom such children are living,
locating non custodial 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 obligation to financially and emotionally support their children.
0719.10 Motion to Modify
REV: 04/2010
If a non-custodial parent has been placed under a child support or
medical order, and becomes unemployed or otherwise is receiving no
other income or benefits, or he becomes underemployed, the Office of
Child Support Services can assist in filing a Motion to Modify. Legal
counsel for the Office of Child Support Services does not legally
represent either party.
The State of Rhode Island is the client. The father is entitled to
relief only as of the date of notice of the motion. The Court is
prohibited, by law, from giving the father retroactive relief back to
the date of unemployment. The Motion must be filed immediately upon
termination from employment or when the benefits stop. A hearing date
will be assigned. Once before the Court, the father must present the
reasons he is seeking a modification or suspension of his order. The
Court will calculate a new order based upon the Child Support
Guidelines.
0719.15 Voluntary Acknowledgement Program
REV: 04/2010
74
The Office of Child Support Services, in conjunction with the
Department of Health, Office of Vital Records has a voluntary
acknowledgment program in the seven (7) birthing hospitals in RI.
Medical Records staff has been trained to answer questions and complete
the "Affidavit of Paternity Form". A videotape entitled "The Power of
Two" is shown to the parents as well as pamphlets distributed with
answers to commonly asked questions by the mother and father. A
statement of rights and responsibilities is also provided to the
parents. The affidavit will be completed only if the parents are
certain of the paternity of the child and do not wish to have DNA
testing. By signing the affidavit the father is acknowledging he is
the father of that child and responsible to financially support that
child until the child is emancipated. The father has sixty days to
rescind the acknowledgement by filing a Motion to Rescind in RI Family
Court. Upon the expiration of the sixty-day period, it is presumed that
he is the father of the child. The father's name will be added to the
child's birth certificate along with other identifying information. At
that time the child's last name can be chosen.
If the parents do not complete the "Affidavit of Paternity" at the
hospital, they can make an appointment at the Office of Vital Records
or at the Office of Child Support Services to view the videotape, read
the pamphlets, review the Rights and Responsibilities Statement and
sign the "Affidavit of Paternity". The child's last name cannot be
changed unless the Court orders Vital Records to amend the birth
certificate. In the alternative, the parties may file a Petition to
Voluntarily Acknowledge with the RI Family Court.
0719.20 Incarcerated Parent's Program
REV: 04/2010
The Office of Child Support Service's staff provides outreach to
incarcerated parents through pamphlets, videos, and group presentations
on the above services (Sections 0719.05, 0719.10, 0719.15) that are
offered to all fathers. Representatives assist fathers in
acknowledging paternity, filing a motion to modify the child support
order, responding to enforcement notices and referring inmates to the
Department of Labor and Training Rapid Job Entry Program prior to
discharge. Training and presentations are also provided to discharge
planners so that they are equipped to respond to child support issues.
Upon intake an inmate is asked to complete a child support
questionnaire to determine if there is a case pending and what if any
services the inmate may need. Legal counsel for the Child Support
Agency cannot legally represent the inmate. The law in RI does not
mandate that a child support order be suspended automatically upon
incarceration. The court may find that incarceration was the result of
a voluntary act on the part of the non-custodial parent. The court may
also decide that it is best to suspend the order, based on the
circumstances of the case. A motion must be filed so that the Judge
can hear all of the issues and issue an order that may prevent some
enforcement measures.
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0719.25 The "Papa" Curriculum
REV: 04/2010
The Office of Child Support Services has prepared a curriculum for
teachers and educators to present to young persons as well as young
fathers and mothers, providing education relating to the legal
responsibility of being a parent. The curriculum was designed
primarily for high school students, but may be used with other age
groups and in other settings. It is designed for a one to two hour
class session, and provides education to students and young parents
regarding the legal, financial, and emotional responsibilities of
having a child whether the children live with them or not.
The Office of Child Support Services is also part of the Rhode Island
Fatherhood Coalition, a state-wide effort to support fathers. The
Rhode Island Fatherhood Coalition works to develop and promote
policies, programs and best practices so that fathers, including those
who do not live with their children, will have positive, healthy,
supportive relationships with their children.
0720 SUPPORT ORDER ESTABLISHMENT
0720.05 ASSIGNMENT OF SUPPORT RIGHTS
REV: 04/2010
An applicant for or recipient of public assistance under Rhode Island
General Laws, 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.
0720.10 PAYMENT OF SUPPORT TO CUSTODIAL AGENCY
REV: 04/2010
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 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 Rhode Island
Family Court.
In fixing the amount of support that the parents shall be ordered to
pay, the court shall take into account all relevant factors, including,
but not limited to:
o All earnings, income and resources of the custodial
parent including real and personal property;
76
o The financial resources of the child;
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 or her educational needs; and
o The financial resources and needs of the non-custodial
parent.
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.
If it deems necessary or advisable, the court may order child support
and education costs for children attending high school at the time of
their eighteenth (18th) birthday and for ninety (90) days after
graduation, but in no case beyond their nineteenth (19th) birthday. In
addition, the court may order the support of a child with a severe
physical or mental impairment to continue until the twenty-first (21st)
birthday of the child (see section 0714.25).
The court may review and alter its decree relative to the amount and
payment of support. If the court finds that a substantial change in
circumstances has occurred, the decree may be made retroactive to the
date that the notice of a petition to modify was given to the adverse
party.
The Department for Children Youth and Families will determine which
cases are appropriate for referral to the OCSS. The Policy for such
determination has been published and is available in the Department for
Children Youth and Families Policy Manual.
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 OCSS As Legal Representative
REV: 04/2010
In any proceeding under Title 15 Chapter 9 of the General Laws of Rhode
Island, the Office of Child Support Services 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,
77
after deducting all reasonable costs and expenses of any action or
proceeding under Chapter 9.
0720.25 SEVERABILITY
REV: 04/2010
If any provision of Rhode Island General Laws, 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 Laws 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.
0720.30 CHILD SUPPORT
REV: 04/2010
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
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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,
in accordance with Rhode Island General Law 15-9-1.
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 magistrate, 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 magistrate 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 judgment
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: 04/2010
Every order heretofore or hereafter entered by the Rhode Island 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.
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
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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 15-5-16.
0720.40 SET SUPPORT FOR PUBLIC ASSISTANCE CHILDREN
REV: 04/2010
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 Office of Child Support Services shall be given notice of
the hearing and shall appear there 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 Office of Child Support Services,
the court shall not enter an order providing support without conducting
a hearing. In fixing the amount of support that the parent shall be
ordered to pay, the court shall apply the child support guidelines and
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.
For purposes of the guideline calculation, the income attributable to
the RIW recipient is -0-.
0720.45 ESTABLISHMENT STANDARDS
REV: 04/2010
For all child support cases where an order for support has not been
established the Office of Child Support Services will, within ninety
(90) calendar days of locating a non-custodial 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
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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 Office of Child Support Services
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.
0720.50 CHILD SUPPORT GUIDELINES
REV: 04/2010
The amount of the child support obligation is determined by using the
child support guidelines formula and guidelines adopted by an
administrative order of the Rhode Island Family Court. The guidelines
are used to determine the required monthly support obligation.
The child support guidelines formula takes into account all earnings,
income and resources of both parties, including real and personal
property, the earnings potential of the parties, the mandatory
deductions such as preexisting child support orders, additional
dependent children, the cost of medical premiums paid or cash medical
ordered, optional deductions such as those specified on the guideline
worksheet, 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 both parties and
that the child enjoys the standard of living he/she would have enjoyed
if the family was intact.
0720.55 MEDICAL SUPPORT
REV: 04/2010
Any new or modified order for child support issued by the Rhode Island
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 the
child is receiving medical assistance in the form of RIte Care, RIte
Share or fee for service benefits from the State of Rhode Island or
other type of medical assistance, the Office of Child Support Services
must pursue the non-custodial parent for private medical coverage for
the child if it is provided as part of his or her employment at no cost
or at reasonable cost. Reasonable cost means that the coverage for the
minor child is less than, or equal to five (5) percent of his or her
gross income per month. 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. The court may also order that the non-
custodial parent pay five (5) percent of his or her income, in addition
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to the child support monthly order. This would be taken directly from
the employee's income to the Rhode Island Family Court. A custodial
parent providing private medical coverage through his or her employer
would receive the weekly cash contribution toward medical if the court
so ordered.
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) by 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 Office of Child Support Services
will inform any IV-D applicant of the availability of medical support
enforcement services. The Office of Child Support Services must also
provide to any Medical Assistance Only (MAO) recipient the same range
of services provided to RIW cases unless the MAO recipient informs the
Office of Child Support Services in writing that she/he does not wish
any services beyond those the Office of Child Support Services is
required to provide for medical support. The Office of Child Support
Services must provide these services to MAO recipients who have
assigned their rights to medical support without an application or a
fee.
Any information the Office of Child Support Services 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 number(s).
0720.55.05 Employer Medical Notices
REV: 04/2010
The National Medical Notice, is issued to an employer by regular mail
or electronic notice. The medical notice shall instruct the employer
which health care plans the children shall be enrolled and include all
identifying information of the child support case. The employer must
respond within twenty (20) business days after the date of the medical
notice indicating:
O That the employer does not maintain or contribute to
plans providing dependent or family care coverage;
O That health care is not available because the employee is
no longer employed; or
O That the state or federal withholding limitations and/ or
prioritization prevent the withholding from employee's
income of the amount required to obtain coverage.
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If family health care is available, the employer is required to
transfer the appropriate part of the medical notice to the plan
administrator of each appropriate group health care plan for which the
children may be eligible. The plan administrator must provide health
care coverage of the child(ren) under the group health plan described
in the medical notice within forty (40) business days of the date of
notice. Upon notification from the plan administrator that the children
are enrolled, the employer must either:
O Withhold from the employee's income any contributions
required and transfer the contribution to the plan's
administrator; or
O Complete the appropriate employee response portion of the
notice and advise the Office of Child Support
Services that enrollment cannot be completed because of
prioritization or limitations on additional withholding
income.
Coverage of a dependent child shall continue until the child is no
longer a dependent. The employer must continue to withhold employee
contributions and may not discontinue or eliminate health care coverage
for the children unless the employer is provided satisfactory evidence
that:
O The court or administrative child support order is no
longer in effect; or
o The children are or will be enrolled in comparable health
care coverage, which will take effect no longer than the
effective date of dis-enrollment from the plan; or
o The employer eliminates family health care coverage for
all of its employees.
In any case in which employment terminates, the employer must promptly
notify the Office of Child Support Services of the termination within
ten (10) days.
0720.60 ESTABLISHING THE ORDER
REV: 04/2010
The Office of Child Support Services will pursue a support order either
by first serving the Complaint for Support, or filing a Motion for
Support. The Office of Child Support Services agent will:
o Generate a Complaint for Support when there is no
domestic relations case found in the Family Court
Domestic Index, or there is no reciprocal case pending
and involving the same parties (Rhode Island Divorce
Filings);
o Generate a Motion for Support if not automated, when:
There is an existing domestic support order and
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the custodial parent receives RIW;
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 RIW
case.
0720.60.05 Complaint for Support
REV: 04/2010
When it has been determined that a support complaint is needed, the
child support agent will generate the appropriate packet through the
FORMS function of the INRHODES system if the packet has not already
been system generated. In selecting this packet, a hearing date and
personal service by constable will be selected and will also be
automated.
The packet is printed with the attorney signature, and the action is
automatically recorded on case tracking.
The constable has three weeks in which to obtain successful service.
At the end of that time, s/he will return the packet regardless of
whether successful service was obtained. The service results are
recorded on the DAIL CONS panel.
0720.60.10 The Absent Parent is Successfully Served
REV: 04/2010
When successful service is obtained:
o The original packet is sent to the Rhode Island Family
Court;
o A copy of the packet is filed in the Child Support
case record;
o The case is prepared for the hearing by completing and
placing in the Office of Child
Support Services case record:
Draft order (1)
Attorney Worksheet (1)
Legal Unit Form (1)
Medical Form (1)
Guideline Worksheet (2)
o The case is then sent to the Rhode Island Family Court
for the Child Support Attorney.
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0720.60.15 Non-Custodial Parent Cannot Be Served
REV: 04/2010
When the non-custodial parent cannot be served, 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 bad
address on the system.
0720.60.20 Motion for Support
REV: 04/2010
When it has been determined that a support motion is needed, the child
support agent will generate the appropriate packet through the FORMS
function of the INRHODES system. The system will provide a hearing
date and assign a constable for personal service.
When the packet is printed, the action is automatically recorded on
case tracking.
The Constable has three weeks in which to obtain successful service.
At the end of that time, (s)he will return the packet regardless of
whether successful service was obtained. The service results are
recorded on the system.
0720.65 ESTABLISHMENT HEARING
REV: 04/2010
The Office of Child Support Services attorney does not represent either
the custodial parent or non-custodial parent. Either party can obtain
private counsel to represent their interests.
In that capacity the Child Support Attorney will:
o Complete the:
Guideline Worksheet
Draft Order
Medical Form
Attorney Worksheet (if there are any special
instructions to any Unit);
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o Forward the case record for the
entry of the order.
The order will be entered on InRhodes and a hard copy generated for the
attorney's signature.
Copies of the order will be mailed to the non-custodial parent and the
custodial parent and when applicable, to the initiating state.
A copy will be filed in the Office of Child Support Services case
record and returned 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.
0720.70 Wage Withholding
REV: 04/2010
Immediate withholding is required for all cases whether or not the
cases are 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.
0720.75 Direct Deposit Payments
REV:03/2008
A custodial parent who is in receipt of child support payments must
choose to receive these payments via direct deposit into his or her
checking or savings account, or child support will be automatically
deposited to an electronic payment card (electronic transfer of funds
to an ATM card) called a "Kids Card". These electronic methods
eliminate the need for a paper check to be issued through the mail.
With Direct Deposit, the payment will be electronically deposited
directly into a custodial parent's designated checking or savings
account. With an electronic debit card custodial parents can access
their child support payments by using a plastic ATM card and their
personal identification number (PIN) at a point of sale (POS) terminal.
In most instances, Direct Deposit and electronic debit card will result
in the custodial parent having access to his or her child support
payment more quickly than the old method of mailing paper checks.
0722 CHILD SUPPORT ENFORCEMENT REMEDIES
0722.05 CHILD SUPPORT ENFORCEMENT STANDARDS
REV: 04/2010
The Office of Child Support Services will monitor all IV-D cases for
compliance with any support obligation. For child support orders and
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medical support orders, the Office of Child Support Services will take
all appropriate enforcement actions to enforce the order. These
include, but are not limited to:
o Administrative Income Withholding;
o Administrative lien and levy on bank accounts;
o Administrative offset;
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 New Hire Reporting
For those obligors who are more than ninety (90) days in arrears,
o Revocation, suspension or the prevention of the
re-issuance 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),
o Setoff of certain lottery winnings and proceeds of
insurance settlements to pay support arrears; and
o Prevention of the issuance, re-issuance, 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.
In addition to the enforcement actions described above, the Office of
Child Support Services 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.)
The case may also be referred to the US Attorney's Office, if the non-
custodial parent resides in another state and the arrears is over
87
$10,000.00. Other elements of the felony include proof of ability to
earn and willful failure to pay.
0722.05.05 Initiating Enforcement
REV: 04/2010
The InRhodes system is programmed to initiate enforcement action at
certain thresholds in an automated fashion. The custodial parent need
not call and request enforcement action be taken.
Enforcement actions are taken simultaneously.
0722.10 Administrative Income Withholding
REV: 04/2010
Pursuant to federal regulations and state law, the State must ensure
that in the case of each non-custodial 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
a 10% tack on amount to be applied toward liquidation of overdue
support.
The state must take steps to implement the withholding and to 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 non-custodial 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 non-custodial
parent is not meeting the terms of the written
agreement for an alternative arrangement.)
(4) The date on which the Office of Child Support Services
becomes aware that third party payments to an non-
custodial 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.
0722.10.05 Remedies Additional
REV: 07/1994
The income withholding remedy herein provided is in addition to, and
not in substitution for, any other remedy otherwise available to
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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.
0722.10.10 Income Withholding Agency
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 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 Direct Wage Withholding
REV: 04/2010
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
may issue a wage withholding order to an employer in another state.
Pursuant to UIFSA the employer must honor the wage withholding order
issued by Rhode Island.
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.
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0722.10.30 Withholding Amounts
REV: 04/2010
The Office of Child Support Services will ensure that in each court
ordered case an amount must be withheld from the non- custodial
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 non-custodial 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 non-
custodial 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.
0722.10.50 Employment Changes
REV: 04/2010
Through interface with the Department of Labor and Training and as a
result of information from New Hire reporting, the InRhodes system is
updated electronically and a new wage withholding is generated to the
new or to the DLT for unemployment benefits, worker's compensation or
TDI benefits.
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0722.10.55 Contesting the Income Withholding
REV: 04/2010
A non-custodial 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).
A non-custodial parent may contest an income withholding by filing or
mailing a written statement to the Office of Child Support Services
within ten (10) days of receipt. The non- custodial parent's request
must specify the mistake(s) of fact claimed.
0722.10.55.05 Non-Custodial Parent Protest is Received
REV: 04/2010
Upon receipt of the obligor's statement contesting income withholding,
the Office of Child Support Services 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 Magistrate 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 Office of Child Support Services shall file, and the clerk shall
enter, an income withholding order: (a) in accordance with the decision
of the Magistrate 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.
0722.10.60 Termination of an Income Withholding
REV: 04/2010
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. When appropriate, the Office of Child Support
Services will promptly request Family Court to terminate a withholding
91
order and refund to the obligor any amount which may have been
improperly withheld.
0722.15 CONTEMPT PROCESSING
REV: 04/2010
In a contempt action, the non-custodial parent is brought to court to
show why the court order has not been obeyed. A contempt action is
filed only after all other administrative enforcement measures are
undertaken and are unsuccessful, and will only be filed when 4 months
worth of arrears are due and owed. The court may:
o Find the non-custodial 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 non-custodial parent's
personal or real property;
o Require the non-custodial parent to post a security or
bond;
o Order any other action necessary to enforce the order.
Contempt actions are system-generated when the arrears due an owing are
equivalent to 4 months worth of arrears.
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 ten thousand dollars ($10,000), 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
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conviction be punished by imprisonment for a period not to
exceed five (5) years.
In any pursuit of a felony conviction, the Office of Child Support
Services will develop case prosecution in conjunction with the
Department of the Attorney General.
0722.15.10.05 Employer Fails to Submit Payment
REV: 04/2010
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 and without
serving the employer return receipt requested.
0722.15.10.10 Employment Changes
REV: 04/2010
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 Office of Child Support Services of
his/her change in employment so that the Office of Child Support
Services 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 to OCSS.
0722.15.10.15 Termination of an Income Withholding
REV: 04/2010
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, or when
the child support order has been suspended and all arrearages paid in
full. The Office of Child Support Services will promptly terminate a
withholding via a notice/order wage withholding form and promptly
refund any money erroneously collected from the non-custodial parent
subject to the recoupment policy.
0722.15.15 Administrative Liens
REV: 04/2010
Pursuant to RIGL 15-21-2, any child support order which is enforceable
by the Office of Child Support Services in accordance with Title IV-D
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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.
A lien produced by another jurisdiction, in accordance with the
provisions of RIGL 15-21-11, shall be accorded full faith and credit
without the requirement of a hearing.
0722.15.15.05 Notice of Intent to Lien
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.
0722.15.15.10 Notice of Intent to Lien to Obligor
REV: 04/2010
The Office of Child Support Services shall send a written notice of
intent to lien to the obligor if his address is known to the Office of
Child Support Services.
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 Office of Child Support
Services 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
Office of Child Support Services 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
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REV: 04/2010
If a lien is to be placed on property jointly held with a non- obligor,
the non-obligor must be sent notice of the Office of Child Support
Service's intent to lien. This notice will also inform the non-obligor
of the right to an administrative hearing with the Office of Child
Support Services 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.
0722.15.15.20 Perfecting of Administrative Liens
REV: 04/2010
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 Office of Child Support Services 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 Office of Child Support Services.
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 Office of Child Support Services.
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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 Office of Child Support Services 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 Office of Child Support Services 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 section 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 Office of Child Support Services.
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 Office of Child Support Services.
0722.15.17 Levy of Personal Property
REV: 04/2010
When an administrative lien has been perfected (recorded), the Office
of Child Support Services may collect unpaid child support by placing a
levy on the property against which a lien has been placed. This means
that the Office of Child Support Services may seize and sell any
property that is subject to levy in order to satisfy unpaid child
support.
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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 Office of Child Support Services 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 Office of Child
Support Services 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 judgments, 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 Office of Child Support Services, may, within ten (10) days of
the receipt of the notice of demand, request an administrative hearing
with the Office of Child Support Services.
0722.15.18 Lien Foreclosure - Real Property
REV: 04/2010
If the obligor shall default in the payment of any child support
obligation, or if the Office of Child Support Services has perfected a
lien on real property as outlined in Section 0722.15.15.20, then the
Office of Child Support Services 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
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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
Office of Child Support Services as outlined in Section 0722.15.15.20.
0722.15.19 Court-Ordered Liens
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.
0722.15.19.05 Filing of Court-Ordered Lien
REV: 04/2010
The Child Support Administrative Office will be notified when the court
has ordered a lien placed against a non-custodial parent's property.
Agents should:
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.
O Send the certified copy of the order along with a
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cover letter to the city or town hall by certified
mail, return receipt requested.
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: 04/2010
Often there is an existing order to obtain or maintain medical coverage
and no accompanying insurance information available on the InRhodes
system. If after available techniques to match insurance information
are unsuccessful, the Office of Child Support Services may take steps
to enforce an order for medical coverage via a motion to modify medical
coverage. The InRhodes system generally does this in an automated
fashion when the order to obtain/maintain exists and there is an
absence of available medical insurance information. However, if it
comes to the attention of the agent, a Motion to modify medical
coverage may be filed. The motion requests that the court either order
the party to obtain medical coverage if it is available at no cost or
at reasonable cost through his/her employer or if not reasonable, to
order a cash medical order equivalent to 5% of the parties gross
monthly income. This requires a recalculation of the child support
order.
In addition, the Office of Child Support Services on its own
information or on account of a claim by an obligee, determines that an
obligor parent has failed to comply with a judgment or order for health
insurance coverage issued pursuant to RIGL 15- 5-16.2, and such
insurance is available to the obligor through his employer, the Office
of Child Support Services shall send to the obligor's employer the
National Medical Notice ordering the employer to enroll the minor
child(ren) in a health insurance plan. Upon receipt of the National
Medical Notice from the Office of Child Support Services, 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 hospital plan administrator
shall notify the OCSS of the options available. The OCSS shall contact
the custodial parent with the options and choose an option. In the
event an option is not chosen, the least expensive option available is
chosen.
0722.15.25 Posting Security, Bond, or Guarantee
REV: 04/2010
The Office of Child Support Services uses procedures which require non-
custodial parents to post security, bond, or give some other guarantee
to secure payment of overdue support. The Office of Child Support
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Services will provide advance notice to the non-custodial 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 Office of Child Support Services will develop guidelines that are
generally available to the public to determine whether the case is
inappropriate for application of this procedure.
0722.15.25.05 Secure Payment of Overdue Support
REV: 04/2010
In a proceeding to enforce past due support, as defined herein, the
court 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 magistrate 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.
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: 04/2010
Federal and State income tax refunds which are due non-custodial
parents may be intercepted, and the refunded amount applied to court
ordered past-due child support or maintenance (spousal support)
obligations, owed for a child or a parent with whom the child is
100
living. Any Federal tax refund that is intercepted must be used to
satisfy past-due amounts, and may not be used to satisfy current
obligations.
Initially, the federal offset system interfaced directly with the
Internal Revenue Service (IRS). In 1998, the federal Office of Child
Support Enforcement (OCSE) added administrative offset and passport
denial to the certification process. The federal offset program was
modified to interface with the Department of Treasury's Financial
Management Service (FMS) in January, 1999.
The Multi-state Financial Institution Data Match (MSFIDM) remedy was
added to the process in 1999.
Administrative Offset
Certain Federal income resources can be offset. These include Federal
salaries, Federal retirement benefits, Federal vendor payments and
Federal stipends such as travel reimbursement.
Although Federal regulations allow administrative offsets for arrears
as small as $25, Rhode Island opted to keep the thresholds for
Administrative Offset the same as for Federal Tax Offset.
Passport Denial
If an obligor's cumulative certified arrears are equal to or greater
than $5,000 he/she is automatically eligible for passport denial.
Effective October 1, 2006, passport denial will be triggered when an
obligor's cumulative arrears are equal to or greater than $2,500. This
means he/she will not be allowed to obtain or renew a passport until
these arrears are paid in full or the Office of Child Support Services
informs OCSE to notify the Department of State to reinstate due to
incorrect arrears reported or some alternative payment plan.
Multi-State Bank Match
Using the same offset file, the Financial Management Services reports
matches of our delinquent obligors to account holders of all banks or
other financial institutions who do business in more than one state and
have opted to report these accounts to the Office of Child Support
Enforcement rather than to the individual states.
The Office of Child Support Services policies and procedures are the
same for both Federal tax refund intercepts, administrative and State
tax refund intercepts with the exception that administrative and 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 Office of Child Support Services submits the
certification file(s) to the RI Division of Taxation.
0722.20.05 Child Support-Income Tax Refund Offset
REV: 04/2010
101
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.
0722.20.10 Purpose of Chapter 30.1
REV: 04/2010
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, Office of Child Support Services , 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.
0722.20.15 Collections of Debts by Setoff
REV: 04/2010
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 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 Office of Child Support
Services shall receive priority.
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0722.20.20 Setoff and Notification of Debtor
REV: 04/2010
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 30.1, Section 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 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 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, after being held in an
escrow account for 120 days, the Division of Taxation shall transfer
such funds to the claimant agency and the claimant agency shall deposit
such funds and credit such amount to the debtor's obligation. The
pendancy 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.
0722.20.25 Confidentiality Exemption-Nondisclosure
REV: 04/2010
103
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 30.1. 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)
0722.20.30 Severability of Provisions
REV: 04/2010
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 judgment 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
judgment.
0722.20.35 Criteria for Submittal
REV: 04/2010
Federal and State income tax refunds that are due to non- custodial
parents may be intercepted, and the refunded amount applied (in RIW
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 tax
refund that is intercepted must be used to satisfy past-due amounts,
and may not be used to satisfy current obligations.
The Office of Child Support Services policies and procedures are the
same for both Federal tax refund intercepts and State tax refund
intercepts with the exception that administrative and 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 Office of Child Support Services submits the certification file(s)
to the RI Division of Taxation.
0722.20.35.05 RIW and Foster Care Cases
REV: 04/2010
RIW 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;
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o The amount of past-due support will not be less than
one hundred fifty dollars ($150.00);
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 Office of Child Support Services 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 Office of Child Support Services has verified the
accuracy of the non-custodial parent's name and social
security number;
o In interstate cases, the request may only be made by
the Office of Child Support Services when it is the
initiating state.
0722.20.35.10 Non-Assistance (NA) and MAO Cases
REV: 04/2010
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 Office of Child Support Services 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 Title II or Title XVI;
O Spousal support may be submitted if it is included
with an order for child support;
O Office of Child Support Services has verified the
accuracy of the arrears, has a copy of the order and
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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 Office of Child Support Services has checked its
records to see if there are assigned arrears;
O Office of Child Support Services has verified the
accuracy of the non-custodial parent's name and social
security number;
O Office of Child Support Services will have the
custodial parent's last known address.
The Office of Child Support Services may certify an interstate case
only if Rhode Island is the initiating state.
0722.20.40 Notification of OCSE
REV: 04/2010
The Office of Child Support Services is required to submit an annual
certification letter to the Federal Office of Child Support Enforcement
to request collection of delinquent child and/or spousal support by
Financial Management Services (FMS) through the federal tax refund
offset process and/or by the federal administrative offset process and
request for denial of passport applications. The letter certifies that
the Office of Child Support Services has complied with State and
Federal laws and regulations regarding pre-offset procedures,
notification to obligors, and that every request for collection meets
all the federal criteria for offset.
0722.20.45 Pre-Offset Notices
REV: 04/2010
On or about the second weekend of every month, the Office of Child
Support Services 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
generate the Pre-Offset Notice automatically unless the system
indicates otherwise.
The Pre-Offset Notice is sent to the non-custodial parent at the
address recorded. 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;;
o The date by which the obligor may submit payment to
avoid being included for offset;
o The obligor's right to contest the proposed action;
106
o Procedures and time frames for contacting the Office
of Child Support Services 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 non-custodial 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 non-
custodial parent's name from being included for offset.
Also, the Office of Child Support Services will:
o Send notices to non-assistance custodial parents with
RIW, 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 that has been
assigned to the State;
o Send notices to any other State involved in enforcing
the order; and
o Notify OCSS, weekly of any case deletions or
significant decreases in the amount of past-due
support submitted.
0722.20.50 Non-Custodial Parent Responds to Pre-Offset
REV: 04/2010
The non-custodial 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;
o Paying off the arrearage;
o Requesting a hearing on the proposed interception.
0722.20.50.05 Non-Custodial Parent Satisfies Arrearage
REV: 04/2010
The Pre-Offset Notice advises the non-custodial parent that (s)he can
avoid being intercepted by submitting a payment that satisfies or
reduces the arrearage balance to below the amount needed for
certification. The Agent must advise the non- custodial parent that
107
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 OFST panel. The balance will be updated on the
weekly submission and update file sent to OCSE.
0722.20.50.10 Non-Custodial Parent Contests Offset
REV: 04/2010
All written hearing requests for the one-time notice from non-
custodial 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-assistance 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 OFST panel to Y (Yes, suspend certification);
Send the non-custodial parent a Notice to Non-
custodial parent Advising of Intercept Removal;
o If a non-custodial 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;
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: 04/2010
The Department of Human services Hearing Officer will schedule and
conduct the hearings.
Once the hearing date and time are scheduled, the 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
Office of Child Support Services.
Any rescheduling will be handled by the designated Hearing Officer.
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0722.20.55.05 The Administrative Hearing
REV: 04/2010
The administrative hearing shall be conducted in accordance with the
Department of Human Services General Provisions, policy section 0110.
0722.20.55.10 Hearing Decision Results in Adjustment
REV: 04/2010
When the decision is to amend or delete the certification amount a copy
of the decision will be sent to the Office of Child Support Services
Accounting Office.
0722.20.60 Monthly Certification File
REV: 04/2010
On or about the second weekend of every month, the Office of Child
Support Services 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. The system will update
the balance for obligors who have already been certified on a weekly
basis and submit the updated balances to OCSE on the weekly case
submission and update file.
0722.20.65 Notification to the Division of Taxation
REV: 04/2010
The Office of Child Support Services will send a letter, as
appropriate, to the Division of Taxation certifying that the Office of
Child Support Services has complied with State and Federal laws and
regulations regarding pre-offset procedures and notification to
obligors.
0722.20.70 Complaints Regarding Joint Returns
REV: 04/2010
When the Office of Child Support Services agent receives a complaint
regarding joint returns prior to offset, (s)he will inform the non-
custodial parent that the IRS and Division of Taxation will notify
his/her spouse at the time of offset 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.
109
0722.20.75 Post Intercept Notices
REV: 04/2010
When the non-custodial 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 non-custodial parent
of the steps to take in order to secure his/her proper share of the
refund.
0722.20.80 Distribution
REV: 04/2010
Collections received by the Office of Child Support Services as a
result of refund offsets are applied only to the amount of past-due
support. The collections are distributed as outlined in Section
0728.35.
If the amount collected through offset exceeds the amount(s) in the
OFST 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 non-obligated 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.
0722.20.85 Fees
REV: 04/2010
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 non-custodial parent's payment 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: 04/2010
Unemployment compensation benefits received by a non-custodial 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).
110
0722.25.05 Legal Basis
REV: 04/2010
The Office of Child Support Services, in cooperative agreement with the
Department Of Labor and Training will through an interface, determine
if the non-custodial parent is receiving benefits, and automatically
generates a notice/order to withhold income to the DLT.
0722.25.10 Verifying Unemployment Benefits
REV: 04/2010
Unemployment benefits are verified electronically through an interface
with the Department of Labor and Training.
0722.30 CREDIT BUREAU REPORTING
REV: 04/2010
The Office of Child Support Services makes information regarding the
amount of overdue support owed by a non-custodial parent available to
consumer reporting agencies. A non-custodial parent will be given
advance notice before his/her name is submitted. The advance notice
advises the non-custodial 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 Office of Child Support Services will comply with all of the
procedural due process requirements of State law before releasing the
information.
The Office of Child Support Services shall provide written notice to
the non-custodial parent ten (10) days prior to the proposed release of
information to consumer reporting agencies.
The notice shall state the procedures to contest the accuracy of the
information. The Department shall periodically inform the consumer
reporting agencies if the overdue support has been paid in full or of
the amended amount of due support.
0722.30.05 Credit Bureau Defined
REV: 04/2010
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
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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: 04/2010
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 Office of Child Support Services.
0722.30.15 Report a Non-Custodial Parent Name
REV: 04/2010
Each month an advance notice is system-generated to non- custodial
parents:
o With a SSN and verified address recorded ;
o Who are under a court order for support;
o Who have not been notified previously.
Non-custodial 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 non-
custodial parents who received an advance notice and did not contest
the action. The tape provides the credit bureau with:
o The non-custodial parent's name, SSN, and address;
o The amount of periodic support due each month;
o The balance due; and
o The date and amount of the last payment.
0722.35 IRS FULL COLLECTION
REV: 04/2010
The Office of Child Support Services 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
a non-custodial 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 non-custodial parent personally
112
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 non-custodial
parent, except certain exempt property. Only the State may request IRS
Full Collection services on behalf of RIW and non-assistance (NA)
applicants and recipients.
The Office of Child Support Services 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.
0722.35.05 Criteria
REV: 04/2010
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 non-custodial 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;
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 Office of Child Support Services 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: 04/2010
Child Support Services agents will submit requests to their unit
supervisors containing the following information:
o The non-custodial parent's name, social security
number, and address;
o The non-custodial parent's place of employment,
including the source of this information and the date
it was last verified;
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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;
o A statement of the nature and location of the assets,
if known.
0722.35.15 Processing the Request
REV: 04/2010
Unit supervisors will:
o Log in each request;
o Have each request reviewed by a senior supervisor;
o Obtain the signature of the Office
of Child Support Services Administrator;
o Forward the request to the OCSS 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 Office of Child Support
Services. If the request cannot be corrected through consultation,
OCSE will return it to the Office of Child Support Services.
0722.35.20 Updating Information
REV: 04/2010
Once a case has been referred, the Office of Child Support Services
will immediately notify the regional OCSE representative of changes:
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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.
0722.40 PETITION FOR REGISTRATION
REV: 04/2010
When the custodial parent and non-custodial 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
Child Support Services agent will register the foreign court order with
the Family 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 Produce Registration of Foreign Support packet and
order of confirmation for modification and
enforcement;
O Refer for service; and
O Upon service, refer all paperwork to Family Court
If, after twenty (20) days the non-custodial parent fails to petition
to vacate the registration, the order is "confirmed".
The Judge/Magistrate signs the Order of Confirmation, and copies are
sent to the non-custodial parent and the Office of Child Support
Services.
0722.45 SPOUSAL SUPPORT ISSUES
REV: 04/2010
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
non-custodial parent's spouse (or former spouse) with
whom the child is living, but only if a support
115
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-assistance 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 Office of Child Support Services 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.
0722.50 LICENSE SUSPENSION
REV: 04/2010
The Office of Child Support Services 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/Suspend 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/Suspend 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 owes more than ninety (90) days worth of his/her total
child support obligation(s)(ex. current support order, arrears order,
116
cash medical order, etc.) in one or more of his/her child support
cases; 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 Office of Child Support Services 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 order
from the Office of Child Support Services, the licensing agency or
board will revoke/suspend the obligor's license and/or refuse to issue
or reissue a license until the obligor provides a release from the
Office of Child Support Services that states the obligor is in
compliance with the order for support.
If the obligor has been certified as noncompliant to any licensing
agency or board, the Office of Child Support Services will provide
obligor 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. This
release will be mailed to the obligor by first class mail to his/her
address of record as indicated on the child support automated system.
0722.50.05 Notice of Intent to Certify
REV: 04/2010
The Office of Child Support Services 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. This notice will be mailed to the obligor by first class mail
to his/her address of record as indicated on the child support
automated system. The notice must contain:
o The address and telephone number of the Office of
Child Support Services;
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 he/she can avoid this action
by:
O Paying all past-due and current child support and/or any past-
due arrearage payments;
117
O If he/she is unable to pay all past-due support, the obligor
may request an appointment at the Office of Child Support Services to
enter into a Written Payment Agreement (if no previous Written Payment
Agreement has been entered);
O The obligor may request a Family Court compliance
hearing to contest the issue of compliance (see
Section 0722.50.05.05);
o A request for an appointment or compliance hearing
must be made in writing and must be received by the
Office of Child Support Services within thirty (30)
calendar days of the date of the notice;
o If the obligor requests an appointment or compliance
hearing within thirty (30) calendar days of the date
of the notice, the Office of Child Support Services
shall stay action to certify the obligor to any board
for noncompliance with a court order of support
pending the outcome of the appointment or compliance
hearing decision;
o If the obligor does not request an appointment or
compliance hearing within thirty (30) calendar days of the date of
the notice and is not in compliance with a
court order of support, the Office of Child Support
Services shall certify the obligor to the appropriate
board, state agency, or department for noncompliance
with an order for support;
o If the Office of Child Support Services certifies the
obligor to a board for noncompliance with a court
order of support, the board, state agency, or
department shall revoke/suspend the obligor's license
and refuse to issue or reissue a license until the
obligor provides the board with a release from the
Office of Child Support Services that states that the
obligor is in compliance with her/his support order.
A revocation/suspension 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 Office of Child
Support Services with notice of the motion to modify
within thirty (30) calendar days of the date of the
notice, the Office of Child Support Services
shall stay action to certify the obligor to any board
for noncompliance with a court order of support;
and/or
o The obligor must meet his/her health insurance
obligation.
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0722.50.05.05 Family Court Compliance Hearing
REV: 04/2010
An obligor may request a hearing before a Magistrate of the RI Family
Court upon receipt 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 Office of Child Support Services
within thirty (30) calendar days of the date of the notice.
The Office of Child Support Services 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.
If an obligor requests a timely hearing to contest the issue of
compliance, the Office of Child Support Services may not certify the
name of the obligor to a board for noncompliance until the Office of
Child Support Services receives a decision or order of the Family Court
that finds the obligor is not in compliance with a court order of
support.
0722.50.05.10 Certification of Noncompliance
REV: 04/2010
The Office of Child Support Services 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 make a timely request for an
appointment or compliance hearing upon receipt of the
notice of intent to certify and is not in compliance
with a court order of support thirty-one (31) 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 Magistrate of the Family Court; or
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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 Office of Child Support Service's certification shall include a
copy of the decision or order of the court, where applicable. The
Office of Child Support Services shall send by first class mail a copy
of any certification of noncompliance filed with a board to the obligor
at the obligor's address of record as indicated in the child support
automated system.
Upon receipt of the certification of noncompliance from the Office of
Child Support Services, a board shall revoke/ suspend the obligor's
license and refuse to issue or reissue a license until the obligor
provides the board with a release from the Office of Child Support
Services 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 Office of Child Support Services 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/suspension 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 Office of Child
Support Services 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/suspended because the obligor's name
has been certified by the Office of Child Support Services as a
support obligor who is not in compliance with a court order of support.
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.
0722.50.10 Reporting Requirements of Licensing Boards
REV: 04/2010
On or before November 1, 1995 and during each renewal period
thereafter, all boards subject to RIGL 15-11.1-2 must provide the
Office of Child Support Services 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 the board maintains such
information:
o Name;
o Address of record;
o Federal employer identification number or social
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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 Office of Child Support Services 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.
0722.60 INTERCEPTION OF INSURANCE PAYMENTS
REV: 04/2010
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 three thousand dollars ($3,000) 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 Office of Child Support Services pursuant to RIGL 27-57-1
indicating whether or not the claimant owes past-due child support.
The Office of Child Support Services shall electronically 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 Office
of Child Support Services 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 Office of Child
Support Services 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. The notice shall reflect the date, name,
social security number, case number, and amount of the payment.
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,
121
issue a temporary order prohibiting the disbursement of funds pending
final adjudication.
The Office of Child Support Services shall send notice to the obligor
that the agency has intercepted an insurance settlement at the time it
credits the obligor's account.
In addition, the Office of Child Support Services shall follow the
procedures outlined for placing an administrative lien at the point at
which an insurance claim has been filed.
0722.70 OFFSET OF STATE LOTTERY PRIZES
REV: 04/2010
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 Office of Child Support Services 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 Office of Child Support Services will periodically each year
provide the Rhode Island State Lottery Commission an electronic 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 Office of Child Support Services 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.
0722.80 MOTOR VEHICLE LICENSE/REGISTRATION ACTION
REV: 04/2010
The Office of Child Support Services will periodically each year
provide the Rhode Island Division of Motor Vehicles an electronic
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 Office of Child Support Services
computer system.
122
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 Office of Child Support Services.
0724 INTERSTATE CHILD SUPPORT CASES
0724.05 INTERSTATE DEFINED
REV: 04/2010
An interstate child support case is, in general, one in which the non-
custodial parent and custodial parent do not live in the same state.
There are two broad categories of interstate cases for OCSS:
o When RI acts as the initiating state because the
custodial parent resides in Rhode Island and the non-
custodial parent resides outside Rhode Island, and;
o When RI acts as the responding state because the
custodial parent resides in another state and the non-
custodial parent resides in Rhode Island;
In the first category, Rhode Island is the initiating state so the
petition is prepared in RI and is forwarded to another state for
processing.
In the second category, Rhode Island is the responding state so another
state prepares the petition and forwards it to RI to process. The non-
custodial parent may reside in RI or have assets in Rhode Island.
Both types of cases are commonly referred to as UIFSA (Uniform
Interstate Family Support Act) cases. Federal law requires all states
to provide Child Support Agency services to all families that have
applied for such services, including location, paternity establishment,
establishment of support obligations, regardless of where the non-
custodial parent resides. Federal law also requires states to meet
specific timeframes in the provision of these services, even when one
parent is in a different state from where children are living. This
federal legislation sets out procedures for enforcing child support
orders across state lines and establishes the concept of "Continuing
Exclusive Jurisdiction." UIFSA also simplifies income withholding
123
across state lines by requiring employers to honor wage assignments
issued by another state's court.
0724.10 AUTHORITY
REV: 04/2010
In proceeding to establish, enforce, or modify a support order or to
determine parentage, under Rhode Island General Law, Title 15, Chapter
15, Section 15-23.1 -201, known as "basis for jurisdiction over a non
resident a tribunal of this state may exercise personal jurisdiction
over a nonresident individual or the individual's guardian if:
O The individual is properly served within this state;
O The individual submits to the jurisdiction of this state
by consent, by entering a general appearance, or by
filing a responsive document, waiving any contest to
personal jurisdiction;
o The individual resided with the child in this state;
o The individual resided in this state and provided
prenatal expenses or support for the child;
o The child resides in this state as a result of the acts
or directives of an individual;
o The individual engaged in sexual intercourse in this
state and the child may have been conceived by that act
of intercourse;
o The individual acknowledged paternity by completing an
affidavit of paternity signed by both parents; or
o There is any other basis consistent with the
state, and the United States for the exercise of
personal jurisdiction.
In public assistance cases, Rhode Island has the same right to initiate
a proceeding as an individual RIW caretaker relative for the purpose of
establishing paternity, establishing a child support and medical order,
and enforcing those orders administratively or judicially. The defense
that the parties are immune to a suit because of their relationship as
husband and wife or parent and child is not available to the non-
custodial parent.
0724.15 THE RICSS INTERSTATE UNIT
REV: 04/2010
The Central Registry is located at the Office of Child Support
Services. The Central Registry manages Rhode Island's interstate case
load; both initiating activities and responding to requests from other
states.
Within 10 working days of the receipt of a case from an initiating
state, the OCSS Central Registry will:
124
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.
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 within
five (5) working days of receipt of the request for a case status.
0724.20 RHODE ISLAND AS THE INITIATING STATE
REV: 04/2010
When Rhode Island acts as the initiating state, the Office of Child
Support Services prepares the UIFSA petition for proceeding in another
state. Generally the custodial parent resides in RI and the non-
custodial parent resides in another state. However OCSS may initiate a
petition on behalf of a non- custodial parent when a modification is
requested and the custodial parent resides in another state.
0724.20.05 RIW Interstate Cases
REV: 04/2010
Newly opened RIW cases will be assigned to the appropriate Interstate
child support agent through the IV-A/IV-D interface when the
eligibility technician enters an out of state address for the non-
custodial parent.
If the Interstate agent should receive a RIW case transferred from an
instate unit, (before an instate agent transfers a RIW case to the
Interstate Unit, there should be verification that the non-custodial
parent no longer resides in Rhode Island and that there is no basis for
exercising jurisdiction over the nonresident parent, or that the
exercise of personal jurisdiction over a non resident is impractical)
125
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 or 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.
0724.20.10 Non-Assistance, MAO and FC Interstate Cases
REV: 04/2010
Non-assistance, Medical Assistance Only, and Foster Care cases will be
referred to the Interstate Unit via the referral or application
process, or transfers from another OCSS unit. The Interstate agent
will enter new cases and transfer cases through APPD E (Entry) mode.
The agent will do the data entry to establish the case. Non-
assistance. The system will enter the appropriate case suffix.
0724.20.15 Petition or Complaint for Support
REV: 04/2010
The petition or complaint shall be verified and shall state the name
and, so far as known to the custodial parent, the address of the non-
custodial parent and the persons from who support is sought, and all
other pertinent information. The custodial parent may include in, or
attach to, the UIFSA petition information that may help in locating or
identifying the non- custodial parent including:
o A photograph of the non-custodial parent;
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.
0724.20.25 Petition or Complaint for a Minor
REV: 04/2010
A minor parent, or a guardian or other legal representative of a minor
parent may maintain a proceeding on behalf of or for the benefit of the
minor child.
0724.20.30 Duty of Initiating Court
REV: 04/2010
126
Upon the filing of a petition authorized by UIFSA, the Office of Child
Support Services shall forward three (3) copies of the petition and its
accompanying documents:
1. To the responding tribunal or appropriate support enforcement
state, or
2. If the identity of the responding tribunal is unknown, to the
state information agency of the responding state with a request that
they be forwarded to the appropriate tribunal and that receipt be
acknowledged.
0724.20.35 Costs and Fees
REV: 04/2010
The petitioner shall not be required to pay a filing fee or other
costs, but OCSS may request the responding court to collect fees and
costs from the non-custodial parent. Those costs may include reasonable
attorney's fees, and necessary travel. A responding court shall not
require payment of a filing fee or other costs from the custodial
parent, 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 non-custodial parent, be paid in whole or in
part by the non-custodial parent, or by the OCSS.
These costs or fees do not have priority over amounts due to the
custodial parent.
0724.20.45 OCSS Responsibilities
REV: 04/2010
As the initiating state agency, the OCSS 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 a
non-custodial parent in another state, to the
responding State's Interstate central registry for
action, including:
UIFSA petitions to establish paternity,
establish child support and medical orders,
modification of orders if appropriate,
enforcement of orders, registrations and
administrative lien requests;
Requests for location if location efforts have
been exhausted;
Document verification;
127
Administrative reviews in administrative offsets;
Income withholding;
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 including court
orders;
o Contact the responding state IV-D agency for a status
update when there has been no contact for 90 calendar
days.
0724.20.55 Initiating Paternity Establishment
REV: 04/2010
In cases where a putative father lives out of state, the OCSS agency
will first determine if there is jurisdictional basis to establish
paternity the same as if the non-custodial parent lives in Rhode
Island. This is called the "long arm process". If there is no basis to
exercise long arm jurisdiction the OCSS will initiate a petition to
establish paternity.
0724.20.55.05 Long Arm Cases
REV: 04/2010
Federal regulations require that potential Interstate paternity cases
be screened for the use of the long-arm statutes before considering any
other action. Under Rhode Island law, a person who has had sexual
intercourse in this state submits to the jurisdiction of the court of
this state as to any action with respect to a child who may have been
conceived by that act of intercourse. In addition, the Uniform
Interstate Family Support Act provides broad provisions for asserting
jurisdiction over a non-custodial parent for the establishment of
paternity and support.
128
The long arm statute is one that allows a state to gain jurisdiction
over an individual residing in another state for purposes of
determining parentage. In paternity establishment, it allows Rhode
Island to exercise jurisdiction over a non- resident alleged father
when the custodial parent claims that conception occurred in Rhode
Island. The OCSS agent will refer the case to the OCSS Legal Unit if
any problems arise.
The Child Support attorney is available to provide assistance to the
caseworker when attempting to determine whether long arm jurisdiction
can be asserted over an individual.
When it has been determined that sufficient grounds exist to exercise
long-arm jurisdiction, the procedures for filing a long-arm action are:
o The child support agent obtains the necessary information to file a
long arm paternity complaint from the mother.
o The putative father is served with the complaint generally by
certified mail;
o The Office of Child Support Services must advise the putative father
of the hearing date;
o If the putative father was properly served but fails to appear for
the hearing, the court proceeds to rule on the issues properly before
the court;
o If the non custodial parent defaults on the order at a later date,
the judgment (usually by default) can be enforced by the RI Family
Court or it can be registered for enforcement in the non-custodial
parent's state of residence.
When OCSS has filed a long-arm suit but has been unable to obtain
service on the putative father, the Office of Child Support Services
can request assistance with service of process from the child support
agency where the putative father resides.
If service cannot be accomplished, a petition to establish paternity
and support can be forwarded to the putative father's state of
residence. The petition should note the attempted long- arm action and
the inability to proceed due to problems with service of process.
In RIW cases, when paternity is an issue, the child support services
agent must complete a paternity affidavit. If conception took place
outside Rhode Island, a UIFSA petition asking for paternity to be
established and a support order entered should be sent to the
responding State.
0724.20.55.10 Initiating Paternity
REV: 04/2010
When long arm process cannot be used, the OCSS agent will pursue
paternity establishment via the regular UIFSA process. The UIFSA
Petition will include the Paternity Affidavit to be signed by the
custodial parent.
Federal regulations provide that the initiating state is responsible
for paying the costs for DNA testing. All other costs (such as expert
witness fees, depositions, or costs of a paternity trial) must be borne
129
by the responding state. When the personal testimony of the custodial
parent or client is required in a paternity trial, a telephonic hearing
may be scheduled upon request in order to secure the testimony of the
custodial parent.
The responding state should coordinate the testing schedule with the
initiating state. Genetic testing laboratories send the genetic test
report to the agency that is making payment. The original test report
must be sent to the agency that is taking the case to court, since the
report is submitted as paternity evidence.
When paternity is established by the responding state, the Office of
Child Support Services must attempt to obtain a judgment for the
genetic testing costs to reimburse the initiating state. The court
order should address the repayment of those costs to the initiating
state.
0724.20.60 Initiating Support Order Establishment
REV: 04/2010
The OCSS agency will initiate a UIFSA action to obtain an order for
support when:
o The non-custodial parent is located out of state;
o Paternity is not an issue in the case;
o There is no order for support.
The tribunal may issue a child support order if:
O The non-custodial parent has signed a verified
statement acknowledging parentage;
O The non-custodial parent has been determined by or
pursuant to law to be the parent; or
O There is other clear and convincing evidence that the
non-custodial parent is the parent.
0724.20.65 Initiating Interstate Enforcement
REV: 04/2010
The OCSS agency will determine what type of action to take and/or
request in an interstate case depending upon certain circumstances.
Under UIFSA and other applicable enforcement laws, the case may be
enforced by the Office of Child Support Services or forwarded to
another state for enforcement. If it is determined that such measures
or remedies under state law are inadequate, or that additional measures
are available and practicable, or that there is no basis to exercise
jurisdiction over a non resident or the exercise of jurisdiction is
impracticable, OCSS may request enforcement in another jurisdiction.
130
The agent may request Interstate Wage withholding if direct wage
withholding is impractical;
o A UIFSA action to establish an arrears order when:
The non-custodial parent is located out of state; and
There is no arrears order
o Registration for Enforcement.
0724.20.65.05 Initiating Interstate Income Withholding
REV: 04/2010
When OCSS identifies cases where direct wage withholding is not
practical, and 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 non-custodial
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 OCSS
representative and on non-welfare cases the custodial
parent must sign.
In a UIFSA proceeding, the OCSS will prepare the appropriate interstate
forms and forward the petition and other documents to the Central
registry of the responding state.
0724.20.65.15 Registration of a Foreign Order
REV: 04/2010
There are two types of registration: Registration for Enforcement and
Registration for Modification.
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:
131
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);
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;
0724.20.65.15.10 Registration for Enforcement
REV: 04/2010
A support order or income-withholding order of another state may be
registered for enforcement in Rhode Island by sending the following
documents and information:
O A letter of transmittal to the tribunal requesting
registration and enforcement;
o Two (2) copies, including one certified copy, of all
orders to be registered, including any modification of
an order;
o A sworn statement by the party seeking registration or a
certified statement by the custodian of the records
showing the amount of any arrearage;
o The name of the non-custodial parent and, if known;
o The non-custodial parent's address, social security
number, name and address of the non-custodial parent's
employer, and any other source of income of the non-
custodial parent; and
132
o A description and the location of property of the non-
custodial parent in this state not exempt from
execution; and
o The name and address of the custodial parent Upon receipt the
order shall be registered. The non-custodial parent has twenty days to
contest the registration. There are very few defenses that can be
raised such as: the order has been obtained through fraud, the order
has been vacated or suspended, there has been full payment of the
arrears, statute of limitations has expired or other limited defenses
as the law provides. If the party does not have a valid defense or
fails to contest the order is confirmed.
A registered order is enforceable in RI in the same manner and is
subject to the same enforcement as a RI order.
0724.20.65.15.12 Registration for Modification
REV:04/2010
An order may be registered for Modification in Rhode Island if the
following requirements are met:
O The child, the individual custodial parent, and the non
custodial parent does not reside in the state that
issued the order;
o The petitioner who is a nonresident of this state seeks
modification; and
o The respondent is subject to the personal jurisdiction
of the state; or
o All of the parties have filed a written consent in the
issuing tribunal for a tribunal of this state to modify
the support order and assume continuing, exclusive
jurisdiction over the order.
Modification of a registered child support order is subject to the same
requirements, procedures, and defenses that apply to the modification
of an order issued by this state and the order may be enforced and
satisfied in the same manner.
0724.20.65.15.15 Transmitting the Packet to Court
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;
133
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.
0724.20.65.15.16 Choice of Law in Registration
REV: 04/2010
The law of the issuing state governs the nature, extent, amount, and
duration of payments. In a proceeding for arrearages, the statute of
limitation under the laws of this state or of the issuing state,
whichever is longer, applies.
0724.20.65.15.22 Reconciliation of Multiple Orders
REV: 04/2010
Under the Uniform Reciprocal Enforcement Act multiple orders were
entered on a case involving the same parties. As the parties moved from
state to state new orders were entered, while the orders continued to
run and accrue arrears. Under UIFSA, only one child support order is
the controlling order. Although the non-custodial parents would receive
credit for all payments made under any order, only one order is in
effect. Rules had to be developed to determine which order was
controlling. The following is a simplified version of the rules used to
establish which of many orders is the controlling order:
O If only one court has issued a child support order,
that order controls.
O If two or more child support orders have been issued
the following applies: (1) If a party lives in one of the
states that issued the order that order controls, (2) If each party
lives in a state that issued orders, the current home state of the
child controls.
(3) If there are multiple orders but no one resides in any of the
states that issued orders, this state can issue an order as long as
there is jurisdiction Within thirty (30) days after issuance of an
order, the party obtaining the order shall file a certified copy of it
with each tribunal that issued or registered an earlier order of child
support so that those orders can be suspended.
0724.25 RHODE ISLAND AS THE RESPONDING STATE
REV: 04/2010
134
The OCSS agency will respond to requests from other states to locate
non-custodial parents, establish paternity, and establish a child
support and medical order and to enforce those orders judicially and
administratively.
0724.25.05 Legal Basis
REV: 04/2010
Rhode Island will serve as a responding state to accept the UIFSA
Petition forwarded by the initiating state to locate the non-custodial
parent, establish paternity, establish a child support and medical
order and to enforce those orders. The statutes governing Rhode Island
as the responding state in an interstate action are found in the Rhode
Island General Laws, Title 15, Chapter 15-23.1-303.
0724.25.05.10 Duties of Court and DHS
REV: 04/2010
Rhode Island acting as a responding state may do one or more of the
following:
O Issue or enforce an order, modify an order, or
determine parentage;
O Order an non-custodial parent to comply with a support
order specifying the amount and manner of compliance;
o Order income withholding;
o Determine the amount of arrearages and specify a method
of payment;
o Enforce orders by civil or criminal contempt or both;
o Set aside property;
o Place liens
o Order the non custodial parent to inform of his
whereabouts;
o Issue a body attachment
o Order to seek employment;
o Award reasonable attorney's fees;
o Any other relief available.
The OCSS will send a certified copy of all support orders entered by
the RI Family Court to the initiating agency and shall transmit all
support collected to that agency.
0724.25.05.15 Hearing and Continuance
REV: 04/2010
If the custodial parent is not present at the hearing and the non-
custodial parent 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
telephonic hearing.
135
0724.25.05.20 Inappropriate Tribunal
REV: 04/2010
If a petition is received by the Office of Child Support Services and
it is inappropriate for the case to be processed and heard in Rhode
Island, OCSS shall forward the pleadings to the appropriate agency for
processing and notify the petitioner of the forwarding agency.
0724.25.05.22 Limited Immunity of Petitioner
REV: 04/2010
Under UIFSA, participation of a petitioner in a proceeding before a
responding tribunal, does not confer jurisdiction for other
proceedings. A petitioner may not be served while present in the state.
This does not apply if the petitioner commits acts while in the state
that would subject him/her to civil litigation.
0724.25.05.25 Evidence of Husband and Wife
REV: 04/2010
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 15. Husband and wife are
competent witnesses to testify to any relevant matter, including
marriage and parentage.
0724.25.05.30 Rules of Evidence
REV: 04/2010
The physical presence of the petitioner in this state is not required
for the establishment, enforcement, or modification of a support order
or the rendition of a judgment determining parentage. The following are
admissible in a hearing:
O A verified petition, affidavit, and substantiating documents
are admissible in evidence if given under oath by a party or
witness residing in another state.
O A copy of the record of child support payments certified is
evidence and is admissible to show whether payments were made.
O Copies of bills for paternity testing, and for prenatal and
postnatal health care of the mother are admissible.
O Documentary evidence transmitted by telephone, telecopy, or
other means. If requested, Telephonic hearings shall be
arranged by OCSS to take testimony. A party called to
testify may refuse to answer but the Court may draw an
adverse inference.
There is no privilege against disclosure between spouses.
136
0724.25.05.50 Paternity
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.
0724.25.05.50 Non Parentage as a Defense
REV: 04/2010
A party whose parentage has been previously determined may not plead
non parentage as defense. Any contest regarding parentage must be
brought in the state where the parentage was adjudicated.
0724.25.05.75 Intrastate Application
REV: 07/1994
This act applies if both the obligee and obligor are domiciliaries
and/or residents of this state.
0724.25.05.80 Appeals
REV: 04/2010
If the Office of Child Support Services is of the opinion that a 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 other 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.
0724.25.05.82 Foreign Support Orders-Additional Remedies
REV: 04/2010
If the duty of support is based on a foreign support order, the
custodial parent has the additional remedies as provided in the Rhode
Island General Laws, Title 15, Chapter 15-14.1-5.
0724.25.05.88 Representation of Obligee by DHS
137
REV: 04/2010
Whether acting on its own behalf or on behalf of the custodial parent,
non-custodial parent, or initiating state, the Department of Human
Services OCSS attorneys do not represent the interests of any
individual person, and its attorneys represent only the department. An
attorney client relationship is not created between department
attorneys and any person or entity.
Nothing precludes any party from retaining the services of a private
attorney to legally represent their interests.
0724.25.06 Communication Between States
REV: 04/2010
The Office of Child Support Services may communicate with another state
agency in writing, by telephone or other means, to obtain information
concerning the laws of that state, the legal effect of a judgment,
decree, or order of that tribunal, and the status of a proceeding in
the other state. OCSS must also reciprocate and provide information
upon request.
0724.25.07 Assistance with Discovery
REV: 04/2010
The Office of Child Support Services may request another state agency
for help in obtaining discovery; and the Rhode Island Family Court may
compel a person over whom it has jurisdiction to respond to a discovery
order issued by another state.
0724.25.08 Nondisclosure of Information
REV: 04/2010
Upon a finding, which may be made by ex-parte, that the health, safety,
or liberty of a party or child would be unreasonably put at risk by the
disclosure of identifying information, or if an existing order
provides, the RI Family Court may order that the address of the child
or party or other identifying information not be disclosed in a
pleading or other document filed in a court file.
0724.25.09 Employer's Receipt of Income Withholding
REV: 04/210
An income-withholding order issued in another state may be sent
directly to employer in this state without first filing a petition.
0724.25.10 OCSS Agency Responsibilities
REV: 04/2010
138
The Office of Child Support Services is designated as the state
information agency 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 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, and a statement
of their effective date, to all other state
information agencies;
o Maintain a register of lists of court orders received
from other states, and transmit copies thereof
promptly to every court in this state having
jurisdiction
o Forward to the court in this state, which has
jurisdiction over the non-custodial parent 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 non-custodial parent 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.
0724.25.20.05 Case Processing Time Frames
139
REV: 04/2010
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
action by the initiating state.
Within 10 working days of discovering that a non-custodial parent
resides in a different state, the OCSS 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 non-custodial parent has
been located.
0726 MODIFICATION OF CHILD SUPPORT ORDERS
0726.05 INTRODUCTION
REV: 04/2010
Under federal regulations and State statutes, the Office of Child
Support Services 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 an appropriate request
from any party subject to a child support order in the State.
Although requests for reviews will be evaluated by the Office of Child
Support Services staff, only the R. I. Family Court is authorized make
a decision to actually modify or adjust an order. The Office of Child
Support Service'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.
0726.05.05 Criteria for Modification-Requested Reviews
REV: 04/2010
140
Under federal regulations and State statutes, the Office of Child
Support Services 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 the Office of Child Support Services because the
request fails to meet any of the criteria listed below. (See Section
0726.05.20 for Office of Child Support Services 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 Office of Child Support
Services to determine if it meets any of the criteria listed below. It
should be mailed to:
Office of Child Support Services 77 Dorrance St., Providence, RI 02903
The Office of Child Support Services 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 Office of Child Support Service'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%)(10%- state law) or more as a result of
applying new income information to the State's Child
Support Guidelines or it has been thirty-six months
since the order was entered or it was last reviewed.
o That health insurance is available at reasonable cost
to the non-custodial parent and the existing support
order makes no provision for the health care needs of
the children covered by the order or does not
otherwise provide for health care coverage.
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.
O Since the entry of the order, the party is now
incurring the expenses of an additional minor
dependent not subject to the existing child support
order.
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0726.05.10 Requested Reviews
REV: 04/2010
REQUESTS FROM CUSTODIAL PARENTS
If the Office of Child Support Service'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 Office of Child Support Services 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. Attorneys for the Office of Child Support Services will only
represent the State of RI and will not legally represent either party
at the court hearing.
If the Office of Child Support Services determines that circumstances
do not warrant a hearing in R.I., the Family Court and the requesting
custodial parent are notified. This notification will also inform the
custodial parent that s/he may submit additional information not
previously provided if s/he would like Office of Child Support
Services 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 the Office of Child Support Services
provided that the custodial parent has not presently assigned his or
her right to support to the state in accordance with any and all
provisions as it relates to eligibility to collect RIW benefits.
REQUESTS FROM NON-CUSTODIAL PARENTS
The Office of Child Support Services will evaluate a request from a
non-custodial parent to see if it meets any of the
modification/adjustment criteria listed in section 0726.05.05 and
notify the non-custodial parent of the results of the evaluation. This
notification will be informational in nature only. It will indicate to
the non-custodial parent whether the circumstances presented indicate
that a modification/adjustment hearing in R.I. Family Court seems
warranted or not. It will also inform the non-custodial parent of the
"pro se" (on your own) process for filing a motion with the court.
The requesting non-custodial 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 non-custodial parent an indication of whether a
modification may occur by a simple application of the child support
guidelines. All decisions on whether or not to modify an order rest
with the court.
0726.05.15 Mandatory Reviews
REV: 04/2010
142
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 RIW, 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.
RIW 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 either no court order providing for the health care
needs of a child or a cash medical support order 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 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 A Case closure criterion 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.)
All other cases will be reviewed every three (3) years upon the
request of either party or upon the request of the state, and if
appropriate, the order will be adjusted in accordance with the child
support guidelines if the amount of the child support award under the
order differs from the amount that would be awarded in accordance with
the guidelines. The adjustment of the order shall be made without the
requirement for proof or showing a change in circumstances.
In the case of a request for a review before the three (3) year period,
the amount of support may, in the court's discretion, shall be modified
if the court finds that a substantial change in circumstances has
occurred. The court, in its discretion, may modify a child support
order retroactively only to the date that notice of a petition to
modify was given to the adverse party if the court finds that a
substantial change in circumstances has occurred.
0726.05.20 Review and Modification - Interstate Cases
REV: 04/2010
R.I. AS THE RESPONDING STATE
143
If all of the parties who are individuals reside in this state and the
child does not reside in the issuing state, a tribunal of this state
has jurisdiction to enforce and to modify the issuing state's child
support order in a proceeding to register that order. After a child
support order in another state has been registered and confirmed in
this state, the responding tribunal of this state may modify that order
if the above does not apply and, after notice and hearing it finds that
the following requirements are met:
O The child, the individual obligee, and the obligor do not
reside in the issuing state;
O A petitioner who is a nonresident of this state seeks
modification; and
O The respondent is subject to the personal jurisdiction of
the tribunal of this state; or
O The child, or a party who is an individual is subject to
the personal jurisdiction of the tribunal of this state
and all of the parties who are individuals have filed a
written consent in the issuing tribunal for a tribunal of
this state to modify the support order and assume
continuing, exclusive jurisdiction over the order.
Modification of a registered child support order is subject to the same
requirements, procedures and defenses that apply to modification of an
order issued by a tribunal of this state and the order may be enforced
and satisfied in the same manner.
Within thirty (30) days after issuance of a modified child support
order, the party obtaining the modification shall file a certified copy
of the order with the issuing tribunal that had continuing, exclusive
jurisdiction over the earlier order and in each tribunal in which the
party knows the earlier order has been registered.
On issuance of an order modifying a child support order issued in
another state, a tribunal of this state becomes the tribunal of
continuing, exclusive jurisdiction.
Any requested review of an order on a RIW 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 Office of Child
Support Services 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), Office of Child
Support Services must respond to a request for review of the order by
evaluating the request to determine whether it should be forwarded to
144
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 RIW, 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 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 or has a cash medical support
order that has been entered or has not been reviewed in the past three
years.
In each of these three (3) types of cases, RIW, MAO, and IV-E Foster
Care, the Office of Child Support Services 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: 04/2010
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. The court may order child
support to continue in the case of a child with a severe physical or
mental impairment until the child reaches the age of twenty-one (21).
Furthermore, a non-custodial parent is obligated to continue paying
145
current child support until s/he has obtained a modification
terminating that obligation. Therefore, the Child Support Services
agent will continue to enforce an order until such time as notification
is received, from the Family Court, that the order has been terminated.
0726.25 MODIFICATION
REV: 04/2010
An order may be modified prior to the three (3) year review period if
the court finds that a substantial change in circumstances has occurred
in accordance with RIGL 15-5-16.2.
An order may be modified in one of two ways:
o Filing a Motion to Modify when only a modification is
being sought. The non-custodial 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 Child Support Services agent will get
prior approval of the Office of Child Support Services attorney before
filing for a modification.
0726.25.05 Motion to Modify
REV: 04/2010
An income and expense sheet will be served upon the custodial and non
custodial parent along with the Motion to Modify. Both parties are
required to complete the form and file it with the Court.
The constable has three (3) weeks in which to obtain successful
service.
0726.25.05.05 Non-Custodial Parent is Successfully Served
REV: 04/2010
When successful service is obtained, the OCSS will:
o Send the original packet to the Family Court;
o File a copy of the packet in the
Office of Child Support Services case record;
0726.25.05.10 Non-Custodial Parent Cannot be Served
REV: 04/2010
When the non-custodial parent cannot be served, the agent will:
146
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
Motion to Modify packet;
o When a new address cannot be verified, enter a bad
address.
0726.25.10 Motion to Adjudge in Contempt and to Modify
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.
0726.25.15 Mod. of Order Upon Termination of Rights
REV: 04/2010
A termination of parental rights does not necessarily terminate a
parent's obligation to pay child support. However, if a child is
adopted, a parent's obligation to pay child support is terminated as of
the date of adoption.
In order to modify a pre-existing child support order upon termination
of parental rights, the following must occur:
O The non-custodial parent must file a motion with the
Rhode Island Family Court seeking to modify or terminate
his or her child support obligation
o The child has individual interest that must be
represented in a child support hearing before the order
can be modified. The Office of Child Support Services
may request a Guardian Ad Litem to represent the child
in a case that the parent is not the recipient of either
RIW benefits or Medical Assistance
o In accordance with Rhode Island general law, the Office
147
of Child Support Services will take the position that a
child support petition for a child should be terminated
upon the date of the child's adoption
o The Office of Child Support Services will seek a hearing
in these circumstances and will not agree to a
suspension of the child support order solely because the
non-custodial parent's rights have been terminated. The
focus of the hearing will be the income and assets of
the non-custodial parent and his or her ability to pay
child support.
In the above circumstances, it is the position of the Office of Child
Support Services that it would be contrary to policy to waive any child
support arrears that were due prior to the adoption of the child.
0728 CHILD SUPPORT FINANCIAL MANAGEMENT
0728.05 LEGAL BASIS-COLLECTIONS BY THE STATE
REV: 04/2010
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.
The State Disbursement Unit is operated by the Office of Child Support
Services and utilizes the automated procedures, electronic processes,
including electronic funds transfer (EFT) provisions and computer
driven technology for the collection and disbursement of support
payments, including procedures for receipt from parents, employers and
other states, and for disbursement to custodial parents and other
obligees for:
o accurate identification of payments;
o to ensure prompt disbursement of the custodial parent's
share of any payment; and
o to furnish any parent, upon request, timely information
on the current status of support payments.
The Office of Child Support Services shall distribute all amounts
payable within two (2) business days after receipt from the employer or
other source of periodic income. In cases in which support is assigned
to the state and where there is an existing child support order made
148
payable to the obligee, after notice to the obligor and obligee, the
state disbursement unit shall direct the obligor through a wage
withholding order to change the payee to the appropriate instate or
interstate government entity without the necessity for a court order or
hearing.
0728.10 ARREARAGE
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.
0728.15 UNREIMBURSED ASSISTANCE
REV: 04/2010
The Department of Human Services shall not seek reimbursement for RIW
remitted either from the custodial or non-custodial parent, except in
cases of fraud.
0728.20 INTEREST ON ARREARAGES
REV: 04/2010
All alimony and support obligations established under Rhode Island
General Law, Title 15, Chapter 5 that are in arrears shall be subject
to the imposition of interest at the rate of 1% per month on the unpaid
balance.
0728.25 FEES
REV: 04/2010
A fee represents an amount due as payment for services rendered.
IV-D fees include but are not limited to DNA testing fees, non-
assistance (NA) fees, and services for location only.
0728.30 VERIFICATION OF CHILD SUPPORT PAYMENTS
REV: 4/2010
When calculating a child support debt, the Child Support Services 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;
149
o The amount of court ordered support due. This will be
calculated by using the original court order and any
subsequent modifications;
o The non-custodial parent's payment receipts, the
custodial parent's Affidavit of Arrearage, and/or the
circuit clerk payment records.
0728.35 DISTRIBUTION
REV: 04/2010
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" (RIW) arrearage, and then "N" (Non-
RIW) 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 RIW or former RIW status, assignment
requirements, and priority ordering of arrearages as outlined in the
following subsections.
The Office of Child Support Services 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.
0728.35.02 Definitions
REV: 04/2010
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
150
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 that is currently receiving TANF (RIW) assistance.
FORMER ASSISTANCE CASE -- The term "former assistance case" means any
IV-D case that formerly received RIW or TANF (RIW) assistance.
NEVER-ASSISTANCE CASE -- The term "never-assistance case" means any IV-
D case that has never received RIW or TANF (RIW) 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 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 that 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 that 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.
151
UNASSIGNED DURING-ASSISTANCE ARREARAGES -- The term "unassigned during-
assistance arrearages" means all previously-assigned arrearages that
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 that
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 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: 04/2010
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 non-custodial 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 Office of Child Support Services must
promptly obtain this data.
o When the custodial parent turns in support payments which
were received directly from the non-custodial parent, the
Office of Child Support Services 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
152
forwarded to the custodial parent from another
jurisdiction, the Office of Child Support Services 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 non-custodial 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 non-custodial 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 is 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 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: 04/2010
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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 RIW, non-
RIW, or former RIW 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 RIW Recipients
REV: 04/2010
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 RIW Program.
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;
* RIW arrears, temporary arrears, and spousal arrears;
* MA reimbursement;
* Non-assistance arrears if there are active SSI
children;
* Non MA reimbursement.
Amounts collected by the Office of Child Support Services 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-
assistance) and issues a Continuation of Services letter explaining
154
that the Child Support Services agency will continue to provide IV-D
services.
In any case in which direct support payments are received by a RIW
recipient with respect to whom an assignment is in effect, such
payments shall be endorsed over to the Office of Child Support Services
or Family Court, as appropriate, and not retained by the family.
0728.35.05.05 Payment of Pass Through to RIW Families
REV: 04/2010
As outlined in Section 0728.35.05, all child support collections made
on behalf of current RIW clients shall be retained by the state up to
the cumulative amount of un-reimbursed assistance.
For any month in which a non-custodial parent makes a child support
payment in the month when due and the support is collected by the -
Office of Child Support Services for a child or children receiving RIW
cash assistance, the first fifty dollars ($50) of the child support
payment, or the actual amount of the child support payment if the
payment is less than fifty dollars ($50), shall be paid to the family
in which the child resides. If more than one non-custodial parent
makes a child support payment to children living in the same family,
there shall be only one (1) payment not to exceed fifty dollars ($50)
paid to the family from the child support collected. This payment is
known as the "pass through" payment and shall be sent to the family
within two (2) business days of the determination of the amount that is
due and owing and no later than within two (2) business days of the end
of the month in which the support was collected.
Pass through payments are excluded from income in calculating the
family's RIW cash assistance amount. However, the fifty dollars ($50)
pass through is counted as income in the Food Stamp Program.
0728.35.05.10 Payment in Excess of Grant
REV: 04/2010
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) pass through, 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.
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 RIW payment. If the court-
ordered amount is less than the RIW 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.
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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.
0728.35.05.15 Future Payments
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.
0728.35.05.20 Federal or State Tax Offset-Active RIW Cases
REV: 04/2010
Prior to October 1, 1998, amounts collected through Federal or State
tax offset are applied first to RIW 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 RIW 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 RIW cases will be
distributed as outlined below. Any collection received from tax
offset, which is due to a RIW 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 RIW Program. Any collections from
Federal income tax offset on or after October 1, 1998 shall be
distributed in the following order:
To satisfy:
* RIW arrears;
* Temporary arrears;
* Spousal arrears;
* Reimbursement; and
* Non-assistance 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.
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0728.35.05.25 Payment in Excess of Required Support
REV: 04/2010
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-RIW arrears first.
After October 1, 1998, any amount collected in excess of the required
current monthly support obligation for active RIW cases will be applied
as outlined in Section 0728.35.05 and for former RIW cases, as outlined
in 0728.35.10.
0728.35.10 Former AFDC/RIW Cases
REV: 04/2010
Prior to October 1, 1998, when a family ceases to receive RIW, amounts
collected that 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 Office of Child Support Services 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
* 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;
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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 un-reimbursed assistance by
the total amount distributed under 4., distribute
collections exceeding the cumulative amount of un-
reimbursed assistance to satisfy unassigned during-
assistance arrearages and pay those amounts to the family.
0728.35.10.15 Federal or State Tax Offset-Former RIW Cases
REV: 04/2010
Prior to October 1, 1998, amounts collected through Federal or State
tax offset are applied first to RIW 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 that is due to a 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 former RIW cases are
distributed as outlined below. Any collection received from tax offset
that is due to a client must be sent within two (2) business days of
receipt.
To satisfy:
* RIW arrears and conditional arrears;
* Reimbursement, not including past liability;
* Non-assistance 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.
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0728.35.15 Never-Assistance Cases
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.
0728.35.20 Foster Care Distribution
REV: 04/2010
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 Office of Child Support Services
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
159
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.
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.
0728.35.20.15 Future Payments
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.
0728.35.20.20 Foster Care Maintenance Payments Cease
REV: 04/2010
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 Office of Child
Support Services will attempt to collect such unpaid support.
0728.35.25 Interstate Cases
REV: 04/2010
When a non-custodial 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.
0728.40 SSI CHILD HAVING SPECIAL NEEDS
REV: 04/2010
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 RIW
benefits.
160
Because SSI is a special category of assistance, the SSI child is not
included in the RIW grant and his/her resources are not included in
determining RIW 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 Office of Child Support Services 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 RIW
eligibility or payment level for members of the RIW 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 Office of Child Support Services will provide to the custodial
parent of an SSI child a monthly statement that 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.
0728.45 RECOVERING ERRONEOUSLY DISBURSED SUPPORT
REV: 04/2010
Erroneously disbursed support payments are those payments collected by
Office of Child Support Services and distributed to the wrong custodial
parent. It includes, but is not limited to, fixed amount medical
support, spousal support, arrears payments, and ongoing current support
payments. Whenever the Office of Child Support Services discovers that
an erroneous amount of support has been disbursed to a client that
results in an overpayment, the Office of Child Support Services 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;
161
o If full repayment is not made within thirty (30) days,
the Office of Child Support Services 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 Office of Child
Support Services 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
Office of Child Support Services as described in
the preceding paragraph.
0728.45.05 RECOVERING TAX OFFSETS
REV: 04/2010
Whenever either the Federal Internal Revenue Service (IRS) or the State
Division of Taxation requires the Office of Child Support Services 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 Office of Child
Support Services by either of these tax collection agencies, and
subsequently disbursed by Office of Child Support Services to a client
in accordance with Federal or State tax refund offset requirements, the
Office of Child Support Services 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 Office of Child Support
Services 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
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0728.45.
0730 RETAINED SUPPORT
0730.05 DIRECT SUPPORT DEFINED
REV: 04/2010
Direct support payment means an assigned support payment from an non
custodial parent received directly by a RIW recipient.
These payments may go to the RIW recipient directly from the non
custodial parent or, in some cases, may have been sent by either an
out-of-State court or agency or a R.I. court.
RIW recipients are required to turn over direct support payments to
the:
Department of Human Services
Office of Child Support Services
Business Office
Recovery Unit
110 Eddy St.
Providence, R. I. 02903
0732 SUPPORT PROCESSING
0732.05.15 Post Hearing Activities
REV:04/2010
After the hearing, the Office of Child Support Services staff will
enter the order on the InRhodes system, generate a copy for mailing for
each party, respective attorneys, interstate agency if appropriate, and
for filing with the Court.
o If 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.
0732.10 BODY ATTACHMENTS
REV: 04/2010
The Family Court Judge/Magistrate may issue a warrant for a body
attachment when an non-custodial 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.
163
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: 04/2010
When the court issues a body attachment, the OCSS record will be
forwarded to the OCSS Legal Unit where the Secretary will hold the case
until the warrant is received from the court.
When the warrant is received, the OCSS Legal Secretary will:
o Match the OCSS case record with the warrant.
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.
0732.10.05.05 Body Attachment Executed
REV: 04/2010
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 execute the body attachment and address the
underlying motion pending before the court.
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0732.10.05.10 Body Attachment Withdrawn
REV: 04/2010
When the individual appears on his/her own, the Judge/Magistrate 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.
0732.15 CONSTABLE SERVICE
REV: 04/2010
The Office of Child Support Services 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 OCSS Constables
REV: 04/2010
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
Office of Child Support Services;
O When performing services for the Office of Child
Support Services, 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 Office of Child Support
Services;
o Being available at all times by beeper or answering
machine;
165
o Being on call for emergency assignments from 7:00 a.m.
to 6:00 p.m., every Monday through Saturday;
o Reporting to the Office of Child Support Services
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 Office of Child Support Services, returned in a
manner that renders them completely and legally
acceptable and ready for referral to Rhode Island
Family Court by the Office of Child Support Services.
o Being paid a fixed fee for successful personal
service;
o Preparing and submitting a monthly invoice, as
specified by the Office of Child Support Services,
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 Office of
Child Support Services, detailing the Rhode Island
Family Court and Office of Child Support Services
legal papers that could not be served and
an explanation for why service was unsuccessful;
o Meeting with the Office of Child Support Services
Constable Unit Supervisor on a weekly basis;
o Maintaining complete and accurate records on all
referrals of legal papers made to them by the Office
of Child Support Services, 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;
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 Office of
Child Support Services Constable duties at no further
charge to the Office of Child Support Services
plaintiff or defendant.
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0734 NOTICE AND HEARING PROCEDURES
0734.05 MONTHLY NOTICE AND HEARING PROCEDURES
REV:04/2010
The Office of Child Support Services shall provide a monthly notice
(computer generated) to RIW 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 the Office
of Child Support Services or the R.I. Family Court, the date and amount
of pass through and/or child support paid to the RIW 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 Office of Child Support Services hearing
procedures:
o The recipient of the monthly notice will mail the
request form to the Office of
Child Support Services 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 RIW, 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 Office of Child Support Services
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
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 Office of Child
Support Services 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;
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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, master file,
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, Office of Child Support Services.
0734.10 KENYON NOTICE AND HEARING PROCEDURES
REV:04/2010
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 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 OCSS
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 OCSS Legal
Counsel on a transmittal form;
o Immediately upon receipt, clerical staff at the OCSS
Legal Unit shall sign the transmittal, date stamp it,
and return it to DHS Legal Counsel at 600 New London
Avenue;
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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 RIW
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 RIW.
The internal business accounting form shall be
completed, indicating the dates of RIW payments,
amount of RIW, 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 client of all activity on his/her case;
o The completed attorney worksheet packet will be
forwarded to the Legal Unit at OCSS. The clerical
staff will select a hearing date, and notice of the
hearing shall be 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 OCSS 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 OCSS 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
s/he will receive a written decision by mail within 30
client will be advised days next following the close
of the hearing;
o A decision letter will be prepared by the hearing
169
officer. The original will be sent to the client,
with copies to his/her representative, master file,
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, OCSS.
0735 LEGAL REPRESENTATION0735.05
REV: 04/2010
In any legal proceeding, legal counsel for the child support
enforcement agency shall represent the Office of Child Support Services
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 non-custodial parents. Either party may retain
representation by a private counsel.
Each party applying for services shall be given a notice regarding
legal representation.
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.