2017 -- S 0411

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LC001562

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO DOMESTIC RELATIONS-SUPPORT OF CHILDREN

     Introduced By: Senator Ryan W. Pearson

     Date Introduced: March 02, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 15-9-1 of the General Laws in Chapter 15-9 entitled "Support of

Children [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby

amended to read as follows:

     15-9-1. Duty of parent to pay support and maintenance to the agency or person

having custody of the child.

     (a) Whenever the department of children, youth and families shall pay for the support and

maintenance of any child pursuant to §§ 42-72-13 and 42-72-14, or whenever another

department, agency, society, institution, or person having the charge, care, or custody of a child

shall pay for the support and maintenance of the child, the court shall order either or both parents

owing a duty of support to a child to pay an amount based upon a formula and guidelines adopted

by an administrative order of the family court. If, after calculating support based upon court

established formula and guidelines, the court, in its discretion, finds the proposed order would be

inequitable to the child or either parent, the court shall make findings of fact and shall order either

or both parents owing a duty of support to pay an amount reasonable or necessary for the child's

support after considering all relevant factors, including, but not limited to:

     (1) The financial resources of the child;

     (2) The financial resources of the custodial parent;

     (3) The standard of living the child would have enjoyed had the marriage not been

dissolved;

     (4) The physical and emotional condition of the child and his or her educational needs;

and

     (5) The financial resources and needs of the non-custodial parent.

     (b) If it deems necessary or advisable, the court may order child support and education

costs for children attending high school at the time of their eighteenth (18th) birthday and for

ninety (90) days after graduation, but in no case beyond their nineteenth (19th) birthday until such

time as the child has attained the age of twenty-one (21). The court may make appropriate orders

of maintenance, support and education for any child who has attained age twenty-one (21), but

who has not attained age twenty-three (23), if the child is domiciled in the home of a parent, and

is principally dependent upon that parent for maintenance due to the enrollment of the child in an

educational program. In addition, the court may order the support of a child with a severe

physical or mental impairment to continue until the twenty-first (21st) twenty-third birthday of

the child.

     (c) After a decree for support has been entered and upon the petition of either party, the

court may review and alter its decree relative to the amount and payment of support. If the court

finds that a substantial change in circumstances has occurred, the decree may be made retroactive

to the date that notice of a petition to modify was given to the adverse party. In such a case the

court shall set forth in its decision the specific findings of fact which show a substantial change in

circumstances and why the decree should be made retroactive.

     (d) Any order for child support issued by the family court shall contain a provision

requiring either or both parents owing a duty of support to a child to obtain health insurance

coverage for the child when such coverage is available to the parent or parents through their

employment without cost or at a reasonable cost. "Reasonable cost" shall be defined in

accordance with guidelines adopted by administrative order of the family court in conjunction

with the child support guidelines.

     (e) Any existing child support orders may be modified in accordance with this section

unless the court makes specific written findings of fact that take into consideration the best

interests of the child and conclude that a child support order or medical order would be unjust or

inappropriate in a particular case.

     (f) In addition, the national medical support notice shall be issued with respect to all

orders issued, enforced, or modified on or after October 1, 2002, in accordance with chapter 29 of

this title. The notice shall inform the employer of provisions in the child support order for health

care coverage for the child and of the method to implement this coverage. In lieu of the court

ordering the non-custodial parent to obtain or maintain health care coverage for the child, the

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court may order the non-custodial parent to contribute a weekly cash amount towards the medical

premium for health care coverage paid by the state of Rhode Island and/or the custodial parent.

The method to determine a reasonable weekly amount shall be addressed in a family court

administrative order pertaining to the child support guidelines.

     (g) All support orders established or modified in the state on or after October 1, 1998,

shall be recorded with the Rhode Island family court/department of administration, division of

taxation child support computer enforcement system. The system maintains the official registry of

support orders entered in accordance with applicable administrative orders issued by the Rhode

Island family court.

     (h) In any subsequent child support enforcement action between the parties, upon

sufficient showing that a diligent effort has been made to ascertain the location of such a party,

the court may allow for notice and service of process to be made by first class mail or by service

of written notice to the most recent residential or employer address of record, as specified in the

Rhode Island rules of procedure for domestic relations for the Family Court of Rhode Island.

     (i) The department of children, youth, and families shall not seek child support for

services to the child which are special education services as defined under state and federal law

and pursuant to the regulations of the board of regents for elementary and secondary education

governing the special education of students with disabilities, section two, I., 1.0-4.11 and 34

C.F.R. Part 300.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO DOMESTIC RELATIONS-SUPPORT OF CHILDREN

***

     This act would provide for child support for children until they reach the age of twenty-

one (21), or twenty-three (23) if the child lives with a parent, and is dependent upon that parent

for maintenance due to the enrollment of the child in an educational program.

     This act would take effect upon passage.

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