218 R.I. Code R. 218-RICR-30-00-1.20

Current through December 3, 2024

Section 218-RICR-30-00-1.20 - Enforcement Standards

A. The Office of Child Support Services will electronically monitor all IV-D cases for compliance with child support obligations. Parents must comply with all Child Support orders and Medical Support orders. The Office of Child Support Services will take all appropriate enforcement actions to enforce the requirements of the orders. Noncompliance may result in, but not be limited to:

1. Administrative Income Withholding;

2. Administrative lien and levy on bank accounts;

3. Administrative offset;

4. Contempt proceedings;

5. Federal and State income tax refund intercepts;

6. Credit Bureau Reporting;

7. Referral to the Rhode Island Attorney General's Office (see felony penalties below);

8. New Hire Reporting;

9. Insurance intercept; and/or

10. Passport denial.

B. For those non-custodial parents who are more than ninety (90) days in arrears, enforcement may include:

1. Revocation;

2. Suspension or the prevention of the re-issuance or renewal of the noncustodial parent's license to operate a motor vehicle or register a motor vehicle; and/or

3. Suspension or the prevention of the re-issuance or renewal of the noncustodial parent's certification, registration, permit, approval, or other similar document to engage in a profession, occupation, business, or industry.

C. For non-custodial parents whose arrears are in excess of five hundred dollars ($500.00), enforcement may include:

1. Setoff of certain lottery winnings and proceeds of insurance settlements to pay support arrears; and

2. Prevention of the issuance, re-issuance, or renewal of the non-custodial parent's license to operate a motor vehicle and/or the registration or renewal of registration of the non-custodial parent's motor vehicle.

D. In addition to the enforcement actions described above, the Office of Child Support Services may refer delinquent child support payers to the Rhode Island Attorney General's office for prosecution when it is determined that circumstances are appropriate.

E. 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.

F. The case may also be referred to the United States Attorney's Office, if the noncustodial parent resides in another State and the arrears is over ten thousand dollars ($10,000.00). Other elements of the felony include proof of ability to earn and willful failure to pay.

G. Initiating Enforcement

1. The eligibility 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.

2. Enforcement actions are automated and are taken simultaneously.

1.20.1Administrative Income Withholding

A. 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 ten percent (10%) tack on amount to be applied toward liquidation of overdue support.

B. Implementation 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 a non-custodial parent is not meeting the terms of the written agreement for an alternative arrangement.); or

4. The date on which the Office of Child Support Services becomes aware that third (3^rd) party payments to a 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.

C. Direct Wage Withholding

1. On behalf of any custodial parent for whom the department is already providing services, or on application of a resident of this State who is a custodial parent or non-custodial parent of a support order issued by this State, or of an agency to whom the custodial parent 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.

2. Remedies Additional

The income withholding remedy herein provided is in addition to, and not in substitution for, any other remedy otherwise available to enforcement support orders issued in this State or in another jurisdiction. Relief under R.I. Gen. Laws Chapter 15-16 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.

3. Income Withholding Agency

In accordance with R.I. Gen. Laws Chapter 15-16, the 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, and is further authorized and directed to promulgate Rules and Regulations it deems necessary to implement the provisions and purposes of this law, 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.

4. Withholding as an Enforcement Remedy

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 R.I. Gen. Laws Chapter 15-16 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.

5. Withholding Amounts

a. 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.

b. Upon petition by a 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.

c. In the event there are two (2) or more income withholding orders against the same income of a non-custodial parent, 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 custodial parent shall be allocated an amount in the proportion that each custodial parent's current support order under income withholding bears relative to the total of all amounts for current support under income withholding orders for that non-custodial parent;

(2) Any remaining withheld income shall be allocated to each custodial parent in an amount proportional to which each custodial parent's arrearage order under income withholding bears relative to the total of all amounts ordered to be paid on arrearages under income withholding orders.

d. 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 § 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.

6. Employment Changes

a. The non-custodial parent is responsible for promptly notifying a new employer of his/her Child Support and/or Medical Support order(s). The non-custodial parent 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.

b. Pursuant to R.I. Gen. Laws § 15-20-3, failure of a non-custodial 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 ($1,000.00), or both, to OCSS.

c. Through interface with the Department of Labor and Training and as a result of information from New Hire reporting, the eligibility system is updated electronically and a new wage withholding is generated to the new employer or to the DLT for unemployment benefits, worker's compensation or TDI benefits.

7. Employer Fails to Submit Payment

If the employer fails to submit a payment, OCSS will initiate an investigation which may result in serving the employer return receipt requested. Continued failure to submit payment may result in Contempt Action.

8. Termination of an Income Withholding

a. 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 are paid in full.

b. When appropriate, the Office of Child Support Services will promptly request Family Court to terminate a withholding order and refund to the non-custodial parent any amount which may have been improperly withheld subject to the recoupment policy.

9. Contesting the Income Withholding

a. 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:

(1) An error in the amount of current support;

(2) Mistaken identity;

(3) An error in the amount of income to be withheld in payment of current support; and/or

(4) The amount to be withheld exceeds the maximum amount permitted under § 303(b) of the Consumer Credit Protection Act (15 U.S.C. § 1673(b)).

b. 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.

1.20.2Contempt Processing

A. 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 four (4) months' worth of arrears are due and owed. The court may:

1. Find the non-custodial parent in willful contempt and sentence him/her to prison until all or a part of the arrearage is paid;

2. Set an arrearage amount and enter an arrears order;

3. Order an income withholding;

4. Place a lien against the non-custodial parent's personal or real property;

5. Require the non-custodial parent to post a security or bond; or

6. Order any other action necessary to enforce the order.

B. Contempt actions may be filed when the arrears due and owing are equivalent to four (4) months' worth of arrears.

1.20.3Felony Penalties

A. Every person who is obligated to pay child support pursuant to an order or decree established by or registered with Rhode Island Family Court pursuant to R.I. Gen. Laws Chapter 15-11, who has:

1. Incurred arrearage of past due child support in the amount of ten thousand dollars ($10,000.00), and who shall willfully thereafter, having the means to do so, fail to pay one (1) 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

2. 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 (1) 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.

B. 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.

1.20.4Administrative Liens

A. Pursuant to R.I. Gen. Laws § 15-21-2, any Child Support order which is enforceable by the Office of Child Support Services in accordance with Title IV-D of the Social Security Act and which is unpaid in whole or in part shall, as of the date on which it was due, be a lien in favor of the custodial parent or assignee in an amount sufficient to satisfy unpaid child support whether the order is for ongoing support or is an arrears order.

B. A lien produced by another jurisdiction, in accordance with the provisions of R.I. Gen. Laws § 15-21-11, shall be accorded full faith and credit without the requirement of a hearing.

C. Notice of Intent to Lien 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 non-custodial parent.

D. Notice of Intent to Lien to Non-Custodial Parent

1. The Office of Child Support Services shall send a written Notice of Intent to Lien to the non-custodial parent if his address is known to the Office of Child Support Services.

2. This notice, sent by first class mail, will specify:

a. The amount unpaid as of the date of the notice or other specific date;

b. The non-custodial parent'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;

c. Identification of the property, real or personal, which is subject to the lien.

3. 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 non-custodial parent.

E. Notice of Intent to Lien to Custodial Parent

1. If a lien is to be placed on property jointly held with a custodial parent, the custodial parent must be sent notice of the Office of Child Support Service's Intent to Lien. This Notice will also inform the custodial parent 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 Rhode Island Family Court.

2. Service of this notice may be made by first class mail or as specified in the Family Court Rules of Domestic Relations Procedure.

F. The Office of Child Support Services engages in actions consistent with lien provisions regarding real and personal property in accordance with R.I. Gen. Laws §§ 15-21-3 and 15-21-4.

G. Lien Foreclosure - Real Property

1. If the non-custodial parent 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 above, then the Office of Child Support Services may sell the real property of any defaulting non-custodial parent at public auction after proper notification has been made. Proper notification consists of the following:

a. Written notice by certified mail, return receipt requested, to the noncustodial parent's last known address. This must be sent at least twenty (20) days prior to the publication of any public notice.

b. 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 R.I. Gen. Laws § 15-21-7.

c. Written notice by certified mail, return receipt requested, to any person or entity having an interest of record in the real property. This must be sent no later than thirty (30) days prior to the date originally scheduled for the sale of the property.

d. Written notice to other such parties as are designated in R.I. Gen. Laws § 15-21-7 and in accordance with the notification requirements specified therein.

2. 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.

H. Court-Ordered Liens

1. When Rhode Island 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.

2. The certificate of the custodial parent, 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.

3. 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.

4. A lien under this section shall not be dischargeable in bankruptcy.

I. Filing of Court-Ordered Lien

1. The Child Support Administrative Office will be notified when the court has ordered a lien placed against a non-custodial parent's property.

2. Agents should:

a. Contact the city or town hall where the property is located to obtain the lot and plat number.

b. Record this information in the appropriate fields in the Lien on Real Estate panel of the ORDR function.

c. Obtain a certified copy of the order placing the lien.

d. Send the certified copy of the order along with a cover letter to the city or town hall by certified mail, return receipt requested.

e. 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 electronic case record.

1.20.5Passport Denial

A. Effective October 1, 2006, passport denial will be triggered when a non-custodial parent 's cumulative arrears of principal child support and cash medical support across all cases are equal to or greater than two thousand five hundred dollars ($2,500.00). This means s/he will not be allowed to obtain or renew a passport until these arrears are paid in full, or an alternative payment plan has been agreed to, and the non-custodial parent demonstrates that there is a hardship exemption.

B. Hardship Exemption The non-custodial parent must provide documentation of military service which requires travel to or from the United States, documentation that there was a death in the family that requires the non-custodial parent's presence in this or another country, a family illness as demonstrated through medical documentation that requires the non-custodial parent's presence in another country, or documentation confirming employment of the non-custodial parent that requires non-custodial parent's presence in another country. The employment must be sufficient to enable the non-custodial parent to satisfy the payment plan in § 1.20.5(C) of this Part (below).

C. Payment Plan The non-custodial parent must present to the OCSS the agreed upon lump sum payment and provide the office with a payment plan acceptable to OCSS to reduce the arrears to zero dollars ($0.00).

D. The Office of Child Support Services must inform OCSE to notify the Department of State to reinstate due to incorrect arrears reported, a hardship exemption, a lump sum payment, and an alternative payment plan.

1.20.6Multi-State Bank Match

Using the same offset file, the Financial Management Services reports matches of our delinquent non-custodial parents to account holders of all banks or other financial institutions who do business in more than one (1) State and have opted to report these accounts to the Office of Child Support Enforcement rather than to the individual States.

1.20.7Medical Enforcement

A. Often there is an existing order to obtain or maintain medical coverage and no accompanying insurance information available on the eligibility 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 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 five percent (5%) of the parties' gross monthly income. This requires a recalculation of the Child Support order.

B. The Office of Child Support Services, on its own information or on account of a claim by an custodial parent, determines that a non-custodial parent has failed to comply with a judgment or order for health insurance coverage issued pursuant to R.I. Gen. Laws § 15-5-16.2, and such insurance is available to the noncustodial parent through his employer, the Office of Child Support Services shall send to the non-custodial parent'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.

1.20.8 Posting Security, Bond, or Guarantee

A. The Office of Child Support Services uses procedures which require noncustodial parents to post security, bond, or give some other guarantee to secure payment of overdue support. The Office of Child Support Services will provide advance notice to the non-custodial parent regarding:

1. The delinquency of the support payment;

2. The requirement of posting security, bond or guarantee;

3. His/her rights and methods available for contesting the impending action.

B. 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.

1.20.9Secure Payment of Overdue Support

A. In a proceeding to enforce past due support, as defined herein, the court after hearing and a finding of overdue support, may require a non-custodial 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 non-custodial parent shall be served with the notice of any proceeding under this section and the notice shall state the procedures to contest the action.

B. 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:

1. Support and maintenance of a minor child, which is owed to or on behalf of the child;

2. Support and maintenance of the non-custodial parent's spouse or former spouse with whom the child is living; or

3. Medical Child Support.

1.20.10Federal and State Tax Refund Offsets

A. 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 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.

B. Administrative Offset

1. Certain Federal income resources can be offset. These include Federal salaries, Federal retirement benefits, Federal vendor payments and Federal stipends such as travel reimbursement.

2. Although Federal Regulations allow administrative offsets for arrears as small as twenty-five dollars ($25.00), Rhode Island opted to keep the thresholds for Administrative Offset the same as for Federal Tax Offset.

1.20.11Child Support Income Tax Refund Offset

A. R.I. Gen. Laws Chapter 44-30.1

Per R.I. Gen. Laws Chapter 44-30.1, for the purpose of these Regulations, "claimant agencies" shall mean Department of Human Services, Office of Child Support Services, or the Rhode Island Office of the Postsecondary Commissioner (RIOPC) or RIOPC acting as agent for student loan guarantee agencies in other States and the Division of Taxation. The claimant agencies 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.

B. Authorization

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 Internal Revenue Code, 26 U.S.C. §§ 6305(b) and 6402(c) of the Internal Revenue Code and implementing regulations, and as authorized by the R.I. Gen. Laws Chapter 44-30.1. Such rules and regulations shall provide the child support non-custodial parent with an opportunity for an administrative hearing to contest the offset.

C. Policy and Procedure

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 Rhode Island Division of Taxation.

D. Complaints Regarding Joint Returns

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.

E. Collections of Debts by Setoff

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 RIOPC 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.

F. Setoff and Notification of Debtor

1. 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.

2. The Division of Taxation shall, from time to time, determine the minimum amount of claim to which the setoff procedure may be applied.

3. 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.

4. At the time of the transfer of funds to the claimant agency as provided in R.I. Gen. Laws § 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 R.I. Gen. Laws § 44-30-11, showing each spouse's share of the tax and the contribution to the overpayment of tax resulting in the refund.

5. 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 R.I. Gen. Laws § 44-30.1-5, after being held in an escrow account for one hundred and eighty (180) 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.

G. Criteria for Submittal

1. 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.

2. 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 Rhode Island Division of Taxation electronically.

H. RIW and Foster Care Cases

1. RIW and Foster Care cases must meet the following requirements to be eligible for offset:

a. The support obligation will have been established under a court or administrative order and will have been assigned;

b. The amount of past-due support will not be less than one hundred fifty dollars ($150.00);

c. The amount owed will have been delinquent for three (3) months or longer;

d. The delinquency is for support and maintenance of a child, or of a child and the parent with whom the child is living;

e. 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;

f. Office of Child Support Services has verified the accuracy of the non-custodial parent's name and Social Security Number;

g. In intergovernmental cases, the request may only be made by the Office of Child Support Services when it is the initiating State.

I. Non-Assistance (NA) and MAO Cases

1. Non-assistance (NA) and Medical Assistance only cases will meet the following requirements to be eligible for offset:

a. The support obligation will have been established under a court or administrative order, and will not have been assigned;

b. The amount of past-due support will not be less than five hundred dollars ($500.00);

c. 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;

d. 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 the Social Security Act, 42 U.S.C. Chapter 7, Subchapters II and XVI;

e. Spousal support may be submitted if it is included with an order for child support;

f. 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;

g. Office of Child Support Services has checked its records to see if there are assigned arrears;

h. Office of Child Support Services has verified the accuracy of the non-custodial parent's name and Social Security Number;

i. Office of Child Support Services will have the custodial parent's last known address.

2. The Office of Child Support Services may certify an intergovernmental case only if Rhode Island is the initiating State.

J. Pre-Offset Notices

1. On or about the second (2^nd) weekend of every month, the Office of Child Support Services will send a one (1) time offset notice to any noncustodial parent 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.

2. 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:

a. The amount certified, which represents the arrearage amount taken from the case;

b. The date by which the non-custodial parent may submit payment to avoid being included for offset;

c. The non-custodial parent's right to contest the proposed action;

d. Procedures and time frames for contacting the Office of Child Support Services to contest the action;

e. The non-custodial parent's right to an administrative hearing by the submitting State or the State where the order was entered (if different);

f. The local address and phone number to contact if (s)he desires to contest the action or ask questions; and

g. The fact that the non-custodial parent's arrearage amount may be submitted to the credit bureau.

3. 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.

4. The Office of Child Support Services will:

a. 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;

b. Send notices to any other State involved in enforcing the order; and

c. Notify OCSS, weekly of any case deletions or significant decreases in the amount of past-due support submitted.

K. Non-Custodial Parent Responds to Pre-Offset

1. The non-custodial parent may respond to the Pre-Offset Notice by:

a. Asserting that the money is not owed;

b. Asserting that the wrong amount was certified;

c. Paying off the arrearage;

d. Requesting a hearing on the proposed interception.

L. Non-Custodial Parent Satisfies Arrearage

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 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 OCSS.

M. Non-Custodial Parent Contests Offset

1. All written hearing requests for the one (1) time notice from non-custodial parents will be forwarded to the Executive Office of Health and Human Services Appeals Office to schedule a hearing.

2. Prior to sending the notice, the appropriate 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.

a. When it is decided that a case should be deleted, the agent will:

(1) Take the appropriate action in the child support computer system, and

(2) Send the non-custodial parent a notice advising of Intercept Removal;

b. If a non-custodial parent requests a hearing after the expiration of the period for contesting the proposed action, s/he must complete the Late Request for Administrative Hearing form;

c. When it is decided that a hearing should proceed, an Administrative Hearing will be scheduled by the Executive Office of Health and Human Services. The system will be flagged to stay offset until the hearing decision is rendered and recorded.

N. Administrative Hearing

1. Scheduled

a. The Executive Office of Health and Human Services Hearing Officer will schedule and conduct the hearings.

b. Once the hearing date and time are scheduled, the agent will:

(1) 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;

(2) Attend the hearing as the representative of the Office of Child Support Services.

c. Any rescheduling will be handled by the designated Hearing Officer.

2. The Administrative Hearing The administrative hearing shall be conducted in accordance with the Executive Office of Health and Human Services (EOHHS), Rules and Regulations, Title 210.

3. Hearing Decision Results in Adjustment 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.

O. Post Intercept Notices

1. 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.

2. The joint non-custodial parent may complete a waiver form alleging that s/he has not filed an injured spouse form and disclaims any rights to the refund. The refund can then be distributed appropriately. The State reserves the right to refer the matter to the Attorney General's Office if the waiver form was later found to be fraudulently completed.

P. Distribution

1. 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 § 1.23.4 of this Part.

2. If the amount collected through offset exceeds the amount(s) in the certified past-due support balance, the excess amount will be treated as outlined in § 1.23.4 of this Part.

3. When an offset is being made to satisfy non-assistance (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.

Q. Fees

1. 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 ($25.00) per submittal.

2. Each State involved in a referral of past-due support for offset will comply with instruction issued by OCSE. Per Federal Regulations the IRS may only reverse offsets for fraudulent returns within six (6) months from the offset, unless in a TANF case the funds are still within the State registry.

1.20.12Unemployment Insurance (UI) Intercepts

A. Verifying Unemployment Benefits

Unemployment Insurance (UI) benefits are verified electronically through an interface with the Department of Labor and Training. UI 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 (§ 1.20.1 of this Part).

B. Cooperative Agreement with Department of Labor and Training

The OCSS has a cooperative agreement with the Department of Labor and Training. Upon discovery, through the New Hire Reporting process, that a noncustodial parent is receiving unemployment benefits, an income withholding order is automatically generated and sent electronically to the Department of Labor and Training notifying them to withhold the child support from the unemployment benefits and remit payment electronically to the State Disbursement Unit.

1.20.13Credit Bureau Reporting

A. Advance Notice

1. 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:

a. The proposed release of the information to the consumer report agency;

b. The procedures for contesting the accuracy of the information.

2. The Office of Child Support Services will comply with all of the procedural due process requirements of State law before releasing the information.

3. 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.

4. 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.

B. Credit Bureau Defined

1. A credit bureau is an entity which, for monetary fees, dues, or on a cooperative non-profit 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 (3^rd) parties. A primary source of information in a consumer report is the consumer's financial application, which contains allegedly verifiable residential, employment, financial and asset data.

2. Other sources of information include business establishments, financial institutions, and public records.

C. Credit Rating 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.

D. Report a Non-Custodial Parent Name

1. Each month an advance notice is system-generated to non-custodial parents:

a. With an SSN and verified address recorded;

b. Who are under a court order for support; and c. Who have not been notified previously.

2. Non-custodial parents who have more than one (1) court ordered case will receive an advance notice for each case.

3. A monthly tape is submitted to the credit bureau with the names of noncustodial parents who received an advance notice and did not contest the action. The tape provides the credit bureau with:

a. The non-custodial parent's name, SSN, and address;

b. The amount of periodic support due each month;

c. The balance due; and d. The date and amount of the last payment.

1.20.14License Suspension

A. The Office of Child Support Services is authorized to take steps leading to the certification of a non-custodial parent 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 a non-custodial parent:

1. Revoke/suspend a license to operate a motor vehicle;

2. Refuse to renew or reissue a motor vehicle registration or license to operate a motor vehicle;

3. Revoke/suspend the license, certification, registration, permit, approval, or other similar document authorizing the non-custodial parent to engage in a profession, occupation, business, or industry;

4. Refuse to renew or reissue the license, certification, registration, permit, approval, or other similar document authorizing the non-custodial parent to engage in a profession, occupation, business, or industry.

B. An action to certify a non-custodial parent under R.I. Gen. Laws Chapter 15-11.1 may be requested only when the following conditions are met:

1. A non-custodial parent owes more than ninety (90) days' worth of his/her total child support obligation(s) (ex. current support order, arrears order, cash medical order, etc.) in one (1) or more of his/her child support cases; or

2. A non-custodial parent has failed to obtain or maintain health insurance for his/her child(ren) pursuant to a court order; and

3. The Office of Child Support Services has fully complied with the procedural and notification provisions.

C. Professional License Suspension

1. 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 non-custodial parent's license and/or refuse to issue or reissue a license until the non-custodial parent provides a release from the Office of Child Support Services that states the non-custodial parent is in compliance with the order for support.

2. If the non-custodial parent has been certified as noncompliant to any licensing agency or board, the Office of Child Support Services will provide the non-custodial parent 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 noncustodial parent has been found to be in compliance with the support order. This release will be mailed to the non-custodial parent by first class mail to his/her address of record as indicated on the child support automated system.

D. Motor Vehicle License/Registration Suspension

1. 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 five hundred dollars ($500.00) as of the date of the report as shown on the Office of Child Support Services computer system.

2. This listing to the Division of Motor Vehicles will be periodically updated so that individuals whose arrearage falls below the prescribed level for reporting may be removed from the list by the Division of Motor Vehicles.

3. No individual whose name appears on this list shall be permitted to:

a. Register or renew a registration of any motor vehicle, and/or

b. 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 Rhode Island 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.

E. Notice of Intent to Certify

1. The Office of Child Support Services may serve Notice of Intent to Certify upon a support non-custodial parent who is not in compliance as defined in this section. The Notice informs the non-custodial parent of the agency's intent to submit the non-custodial parent'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 non-custodial parent by first class mail to his/her address of record as indicated on the child support automated system. The Notice must contain:

a. The address and telephone number of the Office of Child Support Services;

b. A statement of the need for the non-custodial parent to obtain a release from that office that states that the non-custodial parent is in compliance with his or her support order; and c. A copy or facsimile of the non-custodial parent's court order for support.

2. The notice must inform the non-custodial parent that he/she can avoid this action by:

a. Paying all past-due and current child support and/or any past-due arrearage payments;

b. If s/he is unable to pay all past-due support, the non-custodial parent 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);

c. The non-custodial parent may request a Family Court compliance hearing to contest the issue of compliance;

d. 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;

e. If the non-custodial parent 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 noncustodial parent to any board for noncompliance with a court order of support pending the outcome of the appointment or compliance hearing decision;

f. If the non-custodial parent 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 non-custodial parent to the appropriate board, State agency, or department for noncompliance with an order for support;

g. If the Office of Child Support Services certifies the non-custodial parent to a board for noncompliance with a court order of support, the board, State agency, or department shall revoke/suspend the non-custodial parent's license and refuse to issue or reissue a license until the non-custodial parent provides the board with a release from the Office of Child Support Services that states that the non-custodial parent 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;

h. If the non-custodial parent 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 non-custodial parent to any board for noncompliance with a court order of support; and/or i. The non-custodial parent must meet his/her health insurance obligation.

F. Family Court Compliance Hearing

An aggrieved non-custodial parent desiring a compliance hearing must notify the agency in accordance with R.I. Gen. Laws §§ 15-11.1-4 through 15-11.1-7.

G. Reporting Requirements of Licensing Boards

1. On or before November 1, 1995 and during each renewal period thereafter, all boards subject to R.I. Gen. Laws § 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:

a. Name;

b. Address of record;

c. Federal employer identification number or Social Security Number;

d. Type of license;

e. Effective date of license or renewal;

f. Expiration date of license; and g. Active or inactive status.

2. The Office of Child Support Services requires this information in order to implement the requirements of R.I. Gen. Laws Chapter 15-11.1 known as the Rhode Island Full Enforcement of Support Obligations Act.

1.20.15Interception of Insurance Payments

A. In accordance with R.I. Gen. Laws § 27-57-1, the Office of Child Support Services shall electronically furnish every domestic insurer or insurance company authorized to issue policies of liability insurance and any worker's compensation insurer 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 ($500.00).

B. The Office of Child Support Services shall send notice to the non-custodial parent that the agency has intercepted an insurance settlement at the time it credits the non-custodial parent's account.

C. 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.

1.20.16Offset of State Lottery Prizes

A. Any person entitled to receive a cash prize or winning ticket in excess of six hundred dollars ($600.00) 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 Rhode Island 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.

B. 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 five hundred dollars ($500.00) as of the date of the report as shown on the Office of Child Support Services computer system.

C. 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 Rhode Island Family Court which may, at its discretion, issue a temporary order prohibiting the disbursement of funds pending final adjudication.

218 R.I. Code R. 218-RICR-30-00-1.20

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