218 R.I. Code R. 218-RICR-30-00-1.1

Current through December 3, 2024

Section 218-RICR-30-00-1.1 - Child Support Program Overview

1.1.1Program Administration

A. Authority

1. The Child Support Enforcement program is administered by the Federal government and the State of Rhode Island. Federal stewardship of the Title IV-D Program is vested in the Office of Child Support Enforcement (OCSE), an agency within the U.S. Department of Health and Human Services (HHS) Administration for Children and Families.

2. In Rhode Island, the Child Support program is managed by the Department of Human Services, Office of Child Support Services (OCSS). The revenue collection functions of the 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.

3. The following Child Support Enforcement services are provided:

a. Intake for both public assistance and non-public assistance cases;

b. Location of the non-custodial parent;

c. Establishment of parentage;

d. Establishment of an order for child and medical support;

e. Enforcement of the order;

f. Review and modification of the order; and

g. Collection and disbursement.

B. Purpose

1. Authority for States to administer a Child Support Enforcement Program is vested in the Social Security Act, 42 U.S.C. § 654.

2. Because of its enactment under this Part, the program is commonly referred to as the IV-D program. The Social Security Act, 42 U.S.C. § 651, identifies the purpose of the IV-D program as follows:

a. For the purpose of enforcing the support obligations owed by noncustodial parents to their children and the spouse (or former spouse) with whom such children are living, locating non-custodial parents, establishing parentage, 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.

3. Thus, the goal of the IV-D program is to ensure that parents assume their obligation to financially and emotionally support their children.

C. Spousal Support Issues

1. For IV-D purposes:

a. "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;

b. "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 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;

c. "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.

2. Orders for spousal support may be enforced when the non-custodial parent 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. The Office of Child Support Services may not establish or modify orders for spousal support, only enforce such orders.

D. Petition or Complaint for a Minor 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.

1.1.2 Definitions

A. "Arrearages" means unpaid child support payments for past periods owed by a parent who is court ordered to pay.

1. "Conditionally-assigned arrearages" means:

a. 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.

b. Arrearages that were temporarily assigned to the State and became conditionally assigned to the State when the temporary assignment expired.

(1) 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.

(2) Collections of conditionally-assigned arrearages by any other enforcement mechanism are paid to the family.

2. "Permanently-assigned arrearages" means 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:

a. Which are or were assigned under an assignment of support rights in effect on September 30, 1998, and

b. Which accrued under an assignment entered into on or after October 1, 1998, while a family is receiving assistance.

3. "Temporarily-assigned arrearages" means 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. The temporary assignment will expire when the family leaves the assistance program.

4. "Never-assigned arrearages" means arrearages that accrue after the family's most recent period of assistance ends.

5. "Unassigned arrearages" includes:

a. "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.

b. "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.

6. "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.

B. "Assistance from the state" means assistance received from a State program funded under Title IV-A of the Social Security Act, 42 U.S.C. Chapter 7, or under the State plan approved under Title IV-A (as in effect on August 21, 1996).

1. "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.

2. "Current assistance case" means any IV-D case that is currently receiving TANF (RIW) assistance.

3. "Former assistance case" means any IV-D case that formerly received RIW or TANF (RIW) assistance.

4. "Never-assistance case" means any IV-D case that has never received RIW or TANF (RIW) assistance.

C. "Federal Medical Assistance Percentage" or "FMAP" means the Federal medical assistance percentage (as defined in § 1905(b) of the Social Security Act, as such section was in effect on September 30, 1995) in the case of any other State.

D. "Federal share" means that portion of the amount collected resulting from the application of the Federal medical assistance percentage in effect for the Federal fiscal year in which the amount is distributed.

E. "State share" means one hundred percent (100%) of the amount collected which does not exceed the cumulative unreimbursed assistance, minus the Federal share.

F. "Title IV-A Agency" means the State agency that administers Title IV of the Social Security Act. In Rhode Island, this agency is the Department of Human Services.

1.1.3Confidentiality

A. The OCSS staff will have access to information regarding both the custodial parent and non-custodial parent. This information must be held and used according to the Regulations outlined in this section.

B. 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 noncustodial parents. This information must only be accessed for those noncustodial 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 the OCSS be disclosed for purposes other than the administration of the IV-D program, e.g., for location, establishing parentage and support, or enforcement of an existing order.

C. The Social Security Act is explicit in restricting the disclosure of information to only authorized individuals defined as:

1. 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;

2. 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

3. The resident parent, legal guardian, attorney, or agent of a non-assistance child without regard to the existence of a court order against a noncustodial parent who has a duty to support and maintain any such child.

D. In proceedings to establish parentage, the OCSS must exercise discretion. All matters relating to parentage establishment should proceed in the strictest of confidence after a prudent assessment of all case information available.

E. The OCSS staff may discuss a parentage case only with the custodial parent or the other parent. If a call is received from a third (3^rd) party (someone other than the parents) the staff is limited to discussing only the general policy and procedures regarding parentage establishment.

218 R.I. Code R. 218-RICR-30-00-1.1

Amended effective 3/29/2019
Amended effective 1/1/2021