218 R.I. Code R. 218-RICR-30-00-1.4

Current through December 3, 2024

Section 218-RICR-30-00-1.4 - Non-Assistance Case Processing

1.4.1Mandatory Fees

A. Services are free for custodial parents whose RIW cases were closed after October 1985. For all others, including custodial parents whose RIW cases were closed before October 1985, the application fee is twenty dollars ($20.00).

B. Effective October 1, 2006, pursuant to Pub. Law 109-171, the Deficit Reduction Act of 2005, in all never assistance cases, where the State has collected five hundred dollars ($500.00) in child support annually, the State will remit the Federal share of the twenty-five dollar ($25.00) fee annually to the Federal Office of Child Support Enforcement as program income.

1.4.2Services Provided

A. The Office of Child Support Services provides the same child support services to families not receiving public assistance as it does to families receiving public assistance.

B. Non-assistance (NA) cases are established automatically when a public assistance case is closed or upon receiving an application from a custodial parent who has requested services.

C. Services will also be provided to parents who request assistance in establishing paternity, establishing an order and in filing a Motion to Modify a Child Support order.

D. The Office of Child Support Services must provide applications for IV-D services to individuals within five (5) working days of a written or phone request.

E. Applications are considered filed on the day the necessary forms (along with the application fee) are received by the Office of Child Support Services. Applications will be returned if information is incomplete or the appropriate documentation is not provided. A case file will be opened and established within twenty (20) calendar days of the date the complete application was received. Based on an assessment of the case, the following action(s) may include:

1. Obtaining necessary and relevant information from the custodial parent and other relevant sources;

2. Initiating verification of information, if appropriate;

3. Requesting additional location information, or referring the case for further location attempts if location information is inadequate; and/or

4. Scheduling an applicant interview if needed.

1.4.3Application Procedures

A. Custodial parents may request an application by calling or writing the Office of Child Support Services or by downloading an application from the website at www.cse.ri.gov.

B. The agency will determine whether the case is one in which parentage or a Child Support order must be established, enforcement is required, or intergovernmental action must be initiated, and forward to the appropriate agent.

C. The Office of Child Support Services agent will:

1. Establish a case record following office procedures;

2. Determine what actions must be taken;

3. Schedule a telephonic appointment with the applicant if needed; and/or

4. Return the application indicating the reason the application was incomplete and the documents required.

1.4.4Interview

A. During an interview the agent may:

1. Provide the custodial parent with information regarding child support services, his/her rights and responsibilities, the State's fees, cost recovery and distribution policies;

2. Discuss the types of services available;

3. Provide assistance in completing the application if needed;

4. Obtain and clarify any information needed;

5. Advise the custodial parent that it is his/her responsibility to provide any legal documentation required such as a birth certificate or divorce decree;

6. Obtain a completed income and expense sheet (OCSS-1);

7. Obtain the custodial parent's signature on any forms necessary to initiate action; and

8. Explain the Debit Card and Personal Identification Number (PIN) process associated with the Child Support Account.

1.4.5Custodial Parent Responsibilities

A. The non-assistance (NA) custodial parent must cooperate with the Office of Child Support Services in the child support enforcement effort. Cooperation means helping in:

1. Locating the non-custodial parent;

2. Establishing parentage and orders for support; and

3. Collecting the support.

B. Actions include:

1. Keeping the Office of Child Support Services informed of his/her current address;

2. Appearing at the Office of Child Support Services or participating in an appointment telephonically when required;

3. Appearing as a witness at judicial or other hearings either telephonically or in person, as required or permitted;

4. Providing information and documentation requested;

5. Attesting to the lack of information, under penalty of perjury;

6. Maintaining PIN account information; and

7. Returning funds received in error as agreed to in the application process.

1.4.6Non-Assistance to Public Assistance Case Processing

If an existing IV-D non-assistance (NA) custodial parent begins receiving Rhode Island Works (RIW), the electronic code for case type will automatically change from NA to RIW upon initial approval of IV-A benefits. The administration of the case will continue under the Rules outlined in § 1.3 of this Part, Rhode Island Works (RIW) Case Processing.

1.4.7 Public Assistance to Non-Assistance

When a custodial parent's RIW case is closed, the Office of Child Support Services continues IV-D services by opening an NA case. A letter is sent to the custodial parent informing her/him that child support services will continue unless a request is made in writing that these services are no longer wanted.

218 R.I. Code R. 218-RICR-30-00-1.4

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