218 R.I. Code R. 218-RICR-30-00-1.18

Current through December 3, 2024

Section 218-RICR-30-00-1.18 - Child Support

The Office of Child Support Services pursues any support award in accordance with the provisions of R.I. Gen. Laws §§ 15-9-1 and 15-5-16.2.

1.18.1Reconsideration of Support Orders

A. 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.

B. Upon the filing of such petition, the court shall hold a hearing for the purpose of determining the amount of support to which the child is entitled from the appropriate parent. In fixing the amount of support the court shall take into account the factors set forth in R.I. Gen. Laws § 15-5-16.

1.18.2Set Support for Public Assistance Children

A. 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:

1. All earnings, income and resources of the parent including real and personal property;

2. The earnings potential of the parent;

3. The reasonable necessities of the parent;

4. The needs of the child for whom support is sought;

5. The existence and needs of other dependents of the parent;

6. Any other factors which bear upon the needs of the child and the ability of the parent to provide financial support of those needs.

B. For purposes of the guideline calculation, the income attributable to the RIW recipient is zero dollars ($0.00).

1.18.3Child Support Guidelines

A. 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.

B. 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 pre-existing 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.

C. 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 s/he would have enjoyed if the family was intact.

1.18.4Medical Support

A. 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 percent (5%) 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 noncustodial parent pay five percent (5%) of his or her income, in addition 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 coverage if the court so ordered.

B. 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.

C. 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. Upon an appropriate referral by the Medicaid agency, 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 s/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 been referred by the Medicaid agency and have assigned their rights to medical support without an application or a fee.

D. 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).

1.18.5 Employer Medical Notices

A. 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 child(ren) 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:

1. That the employer does not maintain or contribute to plans providing dependent or family care coverage;

2. That health care is not available because the employee is no longer employed; or

3. That the State or Federal withholding limitations and/or prioritization prevent the withholding from employee's income of the amount required to obtain coverage.

B. 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:

1. Withhold from the employee's income any contributions required and transfer the contribution to the Plan's Administrator; or

2. 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.

C. 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:

1. The court or administrative Child Support order is no longer in effect; or

2. The children are or will be enrolled in comparable health care coverage, which will take effect no longer than the effective date of disenrollment from the plan; or

3. The employer eliminates family health care coverage for all of its employees.

D. 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.

1.18.6Establishing the Order

A. The Office of Child Support Services will pursue a support order either by first serving the Complaint for Parentage and Support, or filing a Complaint or Motion for Support. The Office of Child Support Services agent will:

1. Generate a Complaint for Parentage and Support or Support alone, 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);

2. Generate a Motion for Support if not automated, when

a. There is an existing domestic support order and the custodial parent receives RIW;

b. When there is an existing domestic case pending and no support order has been entered; and c. When there is an existing reciprocal case pending and the custodial parent reopens his/her RIW case.

1.18.7Complaint for Support

A. When it has been determined that a support motion is needed, the child support agent will generate the appropriate motion and E-File the motion to obtain a hearing date from the family court. Upon receipt of a court date, the agency may employ mail notice which would be generated in the first (1^st) instance, followed by service by constable with a witness subpoena and summons. However, the agency may choose to bypass the mail notice and proceed directly to constable service at any time.

B. If a summons and subpoena are generated, the Constable has three (3) weeks in which to obtain successful service.

C. If the parties do not appear at court after receiving the support packet by mail, the constable will serve the packet.

1.18.8The Non-Custodial Parent is Successfully Served

A. Per Court Rule, OCSS is permitted to serve the parties by regular mail in the first (1^st) instance. If the parties appear voluntarily in response to the mail notice, and enter their appearance as a self-represented litigant, the case may proceed on the scheduled hearing date and time. If the parties do not appear, or one (1) party does not appear, the pleadings will then be served by constable for a new date.

B. When successful service is obtained:

1. The original witness subpoena and summons are E-Filed with the Rhode Island Family Court;

2. The case is then sent to the Rhode Island Family Court for the Child Support Attorney with all appropriate forms.

1.18.9Non-Custodial Parent Cannot be Served

When the non-custodial parent cannot be served, the agency will attempt to locate the non-custodial parent at a verified address and start the process again.

218 R.I. Code R. 218-RICR-30-00-1.18

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