218 R.I. Code R. 218-RICR-30-00-1.21

Current through December 3, 2024

Section 218-RICR-30-00-1.21 - Intergovernmental Child Support Cases (45 C.F.R. Part 307)

A. Defined

An intergovernmental child support case is, in general, one in which the noncustodial parent and custodial parent do not live in the same State or foreign country.

B. Categories

1. There are two (2) broad categories of intergovernmental cases for OCSS:

a. Initiating State

(1) When Rhode Island acts as the initiating State, it is generally because the custodial parent resides in Rhode Island and the non-custodial parent resides outside Rhode Island. However, the OCSS may also initiate a petition on behalf of a non-custodial parent when a modification is requested, and the custodial parent resides in another State.

(2) The petition is prepared in Rhode Island and is forwarded to another State or foreign country for processing.

b. Responding State When Rhode Island acts as the responding State because the custodial parent resides in another State or foreign country and the non-custodial parent resides in Rhode Island. Another State or foreign country prepares the petition and forwards it to Rhode Island to process. The non-custodial parent may reside in, or have assets in, Rhode Island.

C. Uniform Intergovernmental Family Support Act (UIFSA)

Both Initiating State and Responding State cases are commonly referred to as UIFSA ( 45 C.F.R. Part 307, Uniform Intergovernmental Family Support Act) cases. Federal law requires all States and foreign countries who have signed on to The Hague Treaty, to provide child support services to all families that have applied for such services, including location, parentage establishment, and 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 (1) 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 across State lines by requiring employers to honor wage assignments issued by another State's court, tribunal or foreign country.

1.21.1 Authority

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 parentage, 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 a married couple or parent and child is not available to the non-custodial parent.

1.21.2The OCSS Intergovernmental Unit/Central Registry

A. The Central Registry is located at the Office of Child Support Services. The Central Registry manages Rhode Island's intergovernmental case load; both initiating activities and responding to requests from other States.

B. Within ten (10) working days of the receipt of a case from an initiating State or foreign country, the OCSS Central Registry will:

1. Review the request to ensure that all necessary documentation is included and complete. When documentation is inadequate and cannot be remedied by the Intergovernmental Unit without the assistance of the initiating State or foreign country, the Intergovernmental Unit will forward the case for any action which can be taken, pending action by the initiating State;

2. Forward the case to the State Parent Locater Service for location services, or to the appropriate agency for processing;

3. Send acknowledgment of the request to the initiating State or foreign country, and request any missing documentation;

4. Inform the IV-D agency in the initiating State or foreign country where the case was sent for action.

C. 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.

D. The Central Registry must respond to inquiries from other States or foreign countries within five (5) working days of receipt of the request for a case status.

1.21.3 RIW Intergovernmental Cases

A. Newly opened RIW cases will be assigned to the appropriate intergovernmental child support agent through the IV-A/IV-D interface when an out-of-State address for the non-custodial parent is entered.

B. If the intergovernmental agent should receive a RIW case transferred from an inState unit, (before an in-State agent transfers a RIW case to the Intergovernmental 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) the agent should examine the case to determine whether a new case should be created for intergovernmental 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 intergovernmental activity. The existing suffix should be used for the intergovernmental case.

1.21.4Non-Assistance, MAO and FC Intergovernmental Cases

Non-assistance, Medical Assistance Only, and Foster Care cases will be referred to the Intergovernmental Unit via the referral or application process, or transfers from another OCSS unit. The intergovernmental agent will enter new cases and transfer cases.

1.21.5Petition for Registration

A. 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 Rhode Island) 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:

1. Produce Registration of Foreign Support packet and order of confirmation for modification and enforcement;

2. Refer for service; and

3. Upon service, refer all paperwork to Family Court.

B. 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.

1.21.6 Petition for Support

A. 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:

1. A photograph of the non-custodial parent;

2. A description of any distinguishing marks on his/her person;

3. Other names and aliases by which s/he has been or is known;

4. The name of his/her employer;

5. His/her fingerprints;

6. His/her Social Security Number.

1.21.7Duty of Initiating Court

A. 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.

1.21.8Costs and Fees

A. 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 noncustodial parent. Those costs may include reasonable attorney's fees, and necessary travel.

B. 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.

C. These costs or fees do not have priority over amounts due to the custodial parent.

1.21.9OCSS Responsibilities

A. As the initiating State agency, the OCSS will:

1. Attempt to establish parentage using the State's long arm statute, whenever appropriate;

2. Refer a case, within twenty (20) calendar days of finding a non-custodial parent in another State, to the responding State's Intergovernmental Central Registry for action, including:

a. UIFSA petitions to establish parentage, establish child support and medical orders, modification of orders if appropriate, enforcement of orders, registrations and administrative lien requests;

b. Requests for location if location efforts have been exhausted;

c. Document verification;

d. Administrative reviews in administrative offsets;

e. Income withholding;

f. State income tax refund offset in IV-D cases;

3. 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;

4. Provide the responding State with any additional information requested. When information cannot be provided immediately, the intergovernmental agent will notify the responding State that it will be provided within thirty (30) 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;

5. Notify the responding State within ten (10) working days of receiving new information, by submitting an updated form and any related documentation including court orders;

6. Contact the responding State IV-D agency for a status update when there has been no contact for ninety (90) calendar days.

1.21.10Initiating Parentage Establishment

In cases where an alleged parent lives out-of-State, the OCSS agency will first determine if there is jurisdictional basis to establish parentage the same as if the non-custodial parent lives in Rhode Island and if it is practical to do so. This is called the "long arm process." If there is no basis to exercise long arm jurisdiction, or it would be impractical or cumbersome to do so, the OCSS will initiate a petition to establish parentage.

1.21.11 Long Arm Cases

A. OCSS may consider filing a long arm action in lieu of a UIFSA petition but it is not required to do so first. 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 Intergovernmental Family Support Act provides broad provisions for asserting jurisdiction over a non-custodial parent for the establishment of parentage and support.

B. 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 parentage establishment, it allows Rhode Island to exercise jurisdiction over a non-resident alleged parent 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.

C. 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.

D. When it has been determined that it is practical and reasonable to do so, and that sufficient grounds exist to exercise long arm jurisdiction, the procedures for filing a long arm action are:

1. The child support agent obtains the necessary information to file a long arm parentage complaint from the mother;

2. The alleged parent is served with the complaint generally by certified mail;

3. The Office of Child Support Services must advise the alleged parent of the hearing date;

4. If the alleged parent was properly served but fails to appear for the hearing, the court proceeds to rule on the issues properly before the court;

5. If the non-custodial parent defaults on the order at a later date, the judgment (usually by default) can be enforced by the Rhode Island Family Court or it can be registered for enforcement in the non-custodial parent's State of residence.

E. When OCSS has filed a long arm suit but has been unable to obtain service on the alleged parent, the Office of Child Support Services can request assistance with service of process from the child support agency where the alleged parent resides.

F. If service cannot be accomplished, a petition to establish parentage and support can be forwarded to the alleged parent's State of residence.

G. In RIW cases, when parentage is an issue, the child support services agent must complete a parentage affidavit. If conception took place outside Rhode Island, a UIFSA petition asking for parentage to be established and a support order entered should be sent to the responding State.

1.21.12Initiating Parentage

A. When the long arm process is not practical, the OCSS agent will pursue parentage establishment via the regular UIFSA process. The UIFSA Petition will include the Parentage Affidavit to be signed by the custodial parent.

B. 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 parentage trial) must be borne by the responding State. When the personal testimony of the custodial parent or custodial parent is required in a parentage trial, a telephonic hearing may be scheduled upon request in order to secure the testimony of the custodial parent.

C. 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 parentage evidence.

D. When parentage 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.

1.21.13 Initiating Support Order Establishment

A. The OCSS agency will initiate a UIFSA action to obtain an order for support when:

1. The non-custodial parent is located out-of-State;

2. Parentage is not an issue in the case;

3. There is no order for support.

B. The tribunal may issue a Child Support order if:

1. The non-custodial parent has signed a verified statement acknowledging parentage;

2. The non-custodial parent has been determined by or pursuant to law to be the parent; or

3. There is other clear and convincing evidence that the non-custodial parent is the parent.

1.21.14Initiating Intergovernmental Enforcement

A. The OCSS agency will determine what type of action to take and/or request in an intergovernmental 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. The agent may request intergovernmental wage withholding if direct wage withholding is impractical.

B. A UIFSA action to establish an arrears order is needed when the non-custodial parent is located out-of-state, there is no arrears order, or for Registration for Enforcement.

1.21.15Initiating Intergovernmental Income Withholding

A. When OCSS identifies cases where direct wage withholding is not practical, and intergovernmental 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.

B. The packet sent to the responding State or foreign country includes:

1. A verified place of employment for the non-custodial parent;

2. An original and four (4) copies of the support order. The original must be certified with the court seal;

3. An affidavit of arrears showing the accumulation of arrears on month-by-month basis. An original and four (4) copies are required. The original and the two (2) 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.

C. In a UIFSA proceeding, the OCSS will prepare the appropriate intergovernmental forms and forward the petition and other documents to the Central Registry of the responding State.

1.21.16Registration of a Foreign Order (45 C.F.R. § 303.7)

A. There are two (2) types of registration: Registration for Enforcement and Registration for Modification.

1. Registration for Enforcement

a. A support order or income-withholding order of another State or foreign country may be registered for enforcement in Rhode Island in accordance with R.I. Gen. Laws § 15-23.1-602.

b. Upon receipt, the order shall be registered. The non-custodial parent shall be served with a Petition to Register for enforcement and an order of confirmation. The party then has twenty (20) 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.

c. A registered order is enforceable in Rhode Island in the same manner and is subject to the same enforcement as a Rhode Island order.

2. Registration for Modification An order may be registered for modification in Rhode Island in accordance with R.I. Gen. Laws § 15-23.1-611.

B. Choice of Law in Registration

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.

C. Reconciliation of Multiple Orders

Under 45 C.F.R. § 303.7, 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 (1) child support order is the controlling order. Although the non-custodial parents would receive credit for all payments made under any order, only one (1) 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:

1. If only one (1) court has issued a child support order, that order controls.

2. If two (2) or more Child Support orders have been issued the following applies:

a. If a party lives in one (1) of the States that issued the order that order controls,

b. If each party lives in a State that issued orders, the current home State of the child controls.

c. 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.

1.21.17Rhode Island as the Responding State

A. The OCSS agency will respond to requests from other States to locate noncustodial parents, establish parentage, and establish a Child Support and Medical order and to enforce those orders judicially and administratively.

B. Legal Basis

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 parentage, establish a Child Support and Medical order and to enforce those orders. The statutes governing Rhode Island as the responding State in an intergovernmental action are found in R.I. Gen. Laws § 15-23.1-303.

C. Duties of the Court and DHS

1. Rhode Island acting as a responding State may carry out the duties in R.I. Gen. Laws § 15-23.1-305.

2. The OCSS will send a certified copy of all support orders entered by the Rhode Island Family Court to the initiating agency and shall transmit all support collected to that agency.

D. Hearing and Continuance

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.

E. Inappropriate Tribunal

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.

F. Limited Immunity of Petitioner 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.

G. Evidence of Marriage

Laws attaching a privilege against the disclosure of communications between a married couple are inapplicable to proceedings under the R.I. Gen. Laws Chapter 15-15. A married couple are competent witnesses to testify to any relevant matter, including marriage and parentage.

H. Rules of Evidence

1. 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:

a. A verified petition, affidavit, and substantiating documents are admissible in evidence if given under oath by a party or witness residing in another State.

b. A copy of the record of child support payments certified is evidence and is admissible to show whether payments were made.

c. Copies of bills for parentage testing, and for prenatal and postnatal health care of the mother are admissible.

d. 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.

2. There is no privilege against disclosure between spouses.

I. Parentage

If the non-custodial parent asserts as a defense that he is not the parent 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 parentage issue. Otherwise the court may adjourn the hearing until the parentage issue has been adjudicated.

J. Non Parentage as a Defense.

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.

K. Intrastate Application

This act applies if both the custodial parent and the non-custodial parent are domiciliaries and/or residents of this State.

L. Appeals

1. If the Office of Child Support Services is of the opinion that an order is erroneous, and presents a question of law warranting an appeal in the public interest, it may:

a. Perfect an appeal to the State Supreme Court if the support order was issued by a court of this State; or

b. Cause the appeal to be taken in the other State if the support order was issued in the other State.

2. In either case, expenses of the appeal may be paid on its order from funds appropriated for its office.

M. Foreign Support Orders - Additional Remedies

If the duty of support is based on a foreign support order, the custodial parent has the additional remedies as provided in the R.I. Gen. Laws § 15-14.1-5.

N. Representation of Custodial parent by DHS

1. Whether acting on its own behalf or on behalf of the custodial parent, noncustodial 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 custodial parent relationship is not created between department attorneys and any person or entity.

2. Nothing precludes any party from retaining the services of a private attorney to legally represent their interests.

O. Communication Between States

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.

P. Assistance with Discovery

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.

Q. Nondisclosure of Information

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 Rhode Island 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.

R. Employer's Receipt of Income Withholding

An income-withholding order issued in another State may be sent directly to employer in this State without first filing a petition.

S. Case Processing Time Frames

1. Within seventy-five (75) calendar days of receiving an Intergovernmental Child Support Enforcement Transmittal form and documentation, the intergovernmental agent will:

a. Provide location services when requested or needed;

b. Notify the initiating agency of the necessary additions or corrections if unable to proceed with the case because of inadequate documentation;

c. Process the case to the extent possible if the documentation received with a case is inadequate and cannot be remedied by the Intergovernmental Unit without the assistance of the initiating State, pending necessary action by the initiating State.

2. Within ten (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.

218 R.I. Code R. 218-RICR-30-00-1.21

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