2022 -- S 2506 | |
======== | |
LC004969 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
____________ | |
A N A C T | |
RELATING TO DOMESTIC RELATIONS – DIVORCE AND SEPARATION | |
| |
Introduced By: Senator Thomas J. Paolino | |
Date Introduced: March 01, 2022 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 15-5-16.2 of the General Laws in Chapter 15-5 entitled "Divorce and |
2 | Separation" is hereby amended to read as follows: |
3 | 15-5-16.2. Child support. |
4 | (a) In a proceeding for divorce, divorce from bed and board, a miscellaneous petition |
5 | without the filing of divorce proceedings, or child support, the court shall order either or both |
6 | parents owing a duty of support to a child to pay an amount based upon a formula and guidelines |
7 | adopted by an administrative order of the family court. If, after calculating support based upon |
8 | court established formula and guidelines, the court, in its discretion, finds the order would be |
9 | inequitable to the child or either parent, the court shall make findings of fact and shall order either |
10 | or both parents owing a duty of support to pay an amount reasonable or necessary for the child's |
11 | support after considering all relevant factors including, but not limited to: |
12 | (1) The financial resources of the child; |
13 | (2) The financial resources of the custodial parent; |
14 | (3) The standard of living the child would have enjoyed had the marriage not been |
15 | dissolved; |
16 | (4) The physical and emotional condition of the child and his or her educational needs; and |
17 | (5) The financial resources and needs of the noncustodial parent, provided, that in |
18 | establishing a child support order, incarceration may not be treated as voluntary unemployment. |
19 | (b) The court may, if in its discretion it deems it necessary or advisable, order child support |
| |
1 | and education costs for children attending high school at the time of their eighteenth (18th) birthday |
2 | and for ninety (90) days after graduation, but in no case beyond their nineteenth (19th) birthday. |
3 | Notwithstanding the foregoing, the court, in its discretion, may order child support, in the |
4 | case of a child with a severe physical or mental impairment still living with or under the care of a |
5 | parent, beyond the child's emancipation as defined above. The court shall consider the following |
6 | factors when making its determination: (1) The nature and extent of the disability; (2) The cost of |
7 | the extraordinary medical expenses; (3) The ability of the child to earn income; (4) The financial |
8 | resources of the child; (5) The financial resources of the parents; (6) The inability of the primary |
9 | caregiver of the child to sustain gainful employment on a full-time basis due to the care necessitated |
10 | by the child. The onset of the disability must have occurred prior to the emancipation event. If a |
11 | child support order for a child with a severe physical or mental impairment has been terminated, |
12 | suspended, or expired, the court shall consider the factors in this paragraph and has the discretion |
13 | to order child support for this child prospectively based upon established child support guidelines. |
14 | The court may periodically review the case to determine if circumstances warrant the continuation |
15 | of child support. |
16 | (c)(1) The court may, if in its discretion it deems it necessary or advisable, appoint an |
17 | attorney or a guardian ad litem to represent the interest of a minor or dependent child with respect |
18 | to his or her support, custody, and visitation. |
19 | (i) In determining whether an appointment should be made, the court shall consider the |
20 | extent to which a guardian ad litem may assist in providing information concerning the best interest |
21 | of the child; the age of the child; the wishes of the parents, as well as their financial resources; the |
22 | nature of the proceeding including the level of contentiousness, allegations of child abuse, or |
23 | domestic violence and the risk of harm to the child if a guardian is not appointed; or conflicts of |
24 | interest between the child and parents or siblings; |
25 | (ii) The guardian ad litem shall be appointed from a list of persons properly credentialed |
26 | pursuant to administrative orders of the chief judge of the family court; |
27 | (iii) The court shall enter an order of appointment stating the specific assignment, the |
28 | optional and mandatory duties of the guardian ad litem, the guardian's access to the child and |
29 | confidential information regarding the child, and a provision for payment of the costs and fees of |
30 | the guardian ad litem; |
31 | (iv) Communications made to a guardian, including those made by a child, are not |
32 | privileged and may or may not be disclosed to the parties, the court, or to professionals providing |
33 | services to the child or the family; |
34 | (v) The guardian ad litem shall meet with the child, conduct an investigation, and upon |
| LC004969 - Page 2 of 7 |
1 | request of the court, shall prepare an oral or written report that contains the procedural background |
2 | of the case, identification of all persons interviewed and other sources of information, a statement |
3 | of the child's emotional, medical, educational, and social service needs, the child's wishes, and other |
4 | factors relevant to the court's determination regarding the best interests of the child; |
5 | (vi) Any written report of the guardian ad litem shall be marked as a full exhibit in the |
6 | proceedings, subject to cross-examination; |
7 | (vii) If the guardian ad litem requests confidential healthcare information and consent is |
8 | withheld, he or she shall apply to the court for leave to obtain such information after compliance |
9 | with § 5-37.3-6.1; |
10 | (viii) The guardian ad litem shall be given notice of and should appear at all proceedings |
11 | in family court that affect the interests of the child; |
12 | (ix) A person serving as a guardian ad litem under this section acts as the court's agent and |
13 | is entitled to quasi-judicial immunity for acts performed within the scope of the duties of the |
14 | guardian ad litem; |
15 | (x) The chief judge of the family court shall issue, through administrative orders, rules |
16 | governing the appointment and performance of guardians ad litem in domestic proceedings. |
17 | (2) After a decree for support has been entered, the court may, from time to time upon the |
18 | petition of either party, or by the state in accordance with subsection (c)(3) of this section, review |
19 | and alter its decree relative to the amount of support and the payment of it, and may make any |
20 | decree relative to it that it might have made in the original suit. The decree may be made retroactive |
21 | in the court's discretion only to the date that notice of a petition to modify was given to the adverse |
22 | party if the court finds that a substantial change in circumstances has occurred; provided, that the |
23 | court shall set forth in its decision the specific findings of fact that show a substantial change in |
24 | circumstances and upon which findings of facts the court has decided to make the decree |
25 | retroactive. In modifying the order, incarceration may not be treated as voluntary unemployment |
26 | that would prevent the motion from being heard or result in a denial of the motion. The child support |
27 | order shall continue in full force and effect, by wage withholding, after the youngest child is |
28 | emancipated, and shall be applied towards any arrearage due and owing, as indicated on the child- |
29 | support computer system. Upon satisfaction of the arrears due and owing the child-support order |
30 | shall be automatically suspended and wage withholding terminated without the necessity of |
31 | returning to family court. |
32 | (3) When the department of human services, office of child support services, becomes |
33 | aware of the fact, through an electronic data exchange of information with the department of |
34 | corrections, or by any other means, that the noncustodial parent is or will be incarcerated for one |
| LC004969 - Page 3 of 7 |
1 | hundred eighty (180) days or more, the department may automatically file a motion to modify or a |
2 | motion for relief, to be heard before the court via a video conference hearing or other type of |
3 | hearing. A specific request for the filing of this motion need not be made in writing or otherwise |
4 | by the incarcerated, noncustodial parent, but the parent shall be notified of the hearing and provided |
5 | a meaningful opportunity to respond. The court shall schedule a hearing to determine the |
6 | noncustodial parent's ability to pay, taking into consideration the assets and financial resources and |
7 | any benefits the noncustodial parent may be receiving, the length of the sentence, and shall modify |
8 | or suspend all child support orders, after setting forth in its decision specific findings of fact that |
9 | show circumstances upon which the court has decided to modify or suspend all child support orders |
10 | during the period of incarceration. Upon the obligor's release, the department of human services, |
11 | office of child support services, shall file a motion for support, and a hearing shall be scheduled to |
12 | determine the obligor's ability to begin paying child support pursuant to the child support guidelines |
13 | in effect. This section does not apply to those individuals who are serving a sentence for criminal |
14 | nonsupport in state or federal prison, or who are found to be in civil contempt for failure to pay |
15 | child support and incarcerated for that reason. |
16 | (d)(1) In a proceeding to enforce a child support order, or a spousal support order for a |
17 | custodial parent having custody of a minor child, the court or its magistrate may assign to the |
18 | obligee such tangible personal property of the obligor that will be sufficient to satisfy the child or |
19 | spousal support arrearage owed. The court or its magistrate, after a hearing, shall establish the |
20 | amount of the child or spousal support arrearage, and the nature and value of the tangible personal |
21 | property. To effect the assignment, the court or its magistrate may order the obligor to execute and |
22 | deliver the documents of title that may be necessary to complete the transfer of title to the property, |
23 | and may order the obligor to deliver possession of the property to the obligee. Whenever the obligor |
24 | fails to comply with the order assigning the property, the order of assignment shall be regarded as |
25 | a judgment vesting title to the property in the obligor as fully and completely as if the obligor had |
26 | executed and delivered the documents of title. |
27 | (2) Any order for child support issued by the family court shall contain a provision |
28 | requiring either or both parents owing a duty of support to a child to obtain health insurance |
29 | coverage for the child when coverage is available to the parent or parents through their employment |
30 | without cost or at a reasonable cost. "Reasonable cost" shall be defined in accordance with |
31 | guidelines adopted by administrative order of the family court in conjunction with the child support |
32 | guidelines. |
33 | (3) Any existing child support orders may be modified in accordance with this subsection |
34 | unless the court makes specific written findings of fact that take into consideration the best interests |
| LC004969 - Page 4 of 7 |
1 | of the child and conclude that a child support order or medical order would be unjust or |
2 | inappropriate in a particular case. |
3 | (4) In addition, the national medical support notice shall be issued with respect to all orders |
4 | issued, enforced, or modified on or after October 1, 2002, in accordance with chapter 29 of title 15. |
5 | The notice shall inform the employer of provisions in the child support order, for healthcare |
6 | coverage for the child, and contain instructions on how to implement this coverage. In lieu of the |
7 | court ordering the noncustodial parent to obtain or maintain healthcare coverage for the child, the |
8 | court may order the noncustodial parent to contribute a weekly cash amount towards the medical |
9 | premium for healthcare coverage paid by the state of Rhode Island and/or the custodial parent. The |
10 | method to determine a reasonable weekly amount shall be addressed in the family court |
11 | administrative order pertaining to the child support guidelines. |
12 | (e) In a proceeding to establish support, the court in its discretion may, after opportunity |
13 | for a hearing, issue a temporary order for child support payable into the registry of the court and to |
14 | be held pending entry of judgment. In the event of a final adjudication requiring no payment or |
15 | payments in an amount less than those payments that have been made pursuant to a temporary order |
16 | under this section, the defendant shall be entitled to a refund of all or a portion of the amounts paid. |
17 | (f) In any proceeding to establish support, or in any case in which an obligor owes past- |
18 | due support, for a child or children receiving public assistance pursuant to chapter 5.1 of title 40, |
19 | the court or its magistrate, upon a finding that an able-bodied absent parent obligor is unemployed, |
20 | underemployed, or lacks sufficient income or resources from which to make payment of support |
21 | equal to the public assistance payment for the child or children, or is unable to pay the arrearages |
22 | in accordance with a payment plan, may order that parent to perform unpaid community service for |
23 | at least twenty (20) hours per week through community service placements arranged and supervised |
24 | by the department of human services or to participate in any work activities that the court deems |
25 | appropriate. The performance of community service shall not be a basis for retroactive suspension |
26 | of arrears due and owing. |
27 | (g)(1) In any proceeding to establish support for a minor child whose adjudicated parent is |
28 | a minor (minor-parent), the court or its magistrate may order a grandparent of the minor child to |
29 | reimburse the department of human services in an amount not to exceed the total amount of cash |
30 | assistance benefits paid to or for the minor child pursuant to chapter 5.1 of title 40 until the minor- |
31 | parent reaches the age of eighteen (18), less any payment made to the department by the minor |
32 | parent. |
33 | (2) The obligation of reimbursement for the minor child shall be the joint and several |
34 | responsibility of the minor parent and the grandparent(s) until the minor parent reaches the age of |
| LC004969 - Page 5 of 7 |
1 | eighteen (18); provided, that each joint obligor shall have a right of contribution against each joint |
2 | obligor, which right shall be enforceable by an action in the family court. |
3 | (h)(1) All support orders established or modified in the state on or after October 1, 1998, |
4 | shall be recorded with the Rhode Island family court department of human services child-support- |
5 | enforcement computer system, which maintains the official registry of support orders entered in |
6 | accordance with applicable administrative orders issued by the Rhode Island family court. The |
7 | support order shall be recorded whether or not services are being provided under the IV-D state |
8 | plan. |
9 | (2) The obligee to a paternity or child support proceeding shall be required to file with the |
10 | family court, upon the entry of the order, the appropriate form as provided by family court that |
11 | includes the full name of the parties, residential and mailing address, telephone number, drivers |
12 | license number, social security number, and the name, address, and telephone number of the |
13 | employer. The form shall also include the full order amount and date and amount of arrearages if |
14 | any, the name of the child(ren), their date of birth, address, social security number, and any other |
15 | information as required by administrative order. |
16 | (3) After this, each party is required to file an amended form, whenever any of the |
17 | information contained on the original form has been changed in any way, within ten (10) days of |
18 | the change. The information shall be entered in the child-support-enforcement computer system |
19 | within five (5) business days of receipt of the amended form. |
20 | (i) In any subsequent child-support-enforcement action between the parties, upon sufficient |
21 | showing that diligent effort has been made to ascertain the location of such a party, the court may |
22 | deem state due process requirements for notice and service of process to be met with respect to the |
23 | party, upon service by first class mail or, where appropriate, by service as specified in the Rhode |
24 | Island rules of procedure for domestic relations for the family court of Rhode Island, of written |
25 | notice to the most recent residential or employer address of record. |
26 | (j) The department of human services, office of child support services, shall provide |
27 | monthly updates to any obligee who receives services provided under the IV-D state plan, of all |
28 | child support enforcement efforts towards the collection of ongoing and past due child support |
29 | arrearages. |
30 | [See § 12-1-15 of the General Laws.] |
31 | SECTION 2. This act shall take effect upon passage. |
======== | |
LC004969 | |
======== | |
| LC004969 - Page 6 of 7 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO DOMESTIC RELATIONS – DIVORCE AND SEPARATION | |
*** | |
1 | This act would require the department of human services, office of child support services, |
2 | to provide monthly updates to all obligees of all child support enforcement efforts in the collection |
3 | of ongoing and past due child support arrearages in any case in which the department of human |
4 | services, office of child support services, is involved in. |
5 | This act would take effect upon passage. |
======== | |
LC004969 | |
======== | |
| LC004969 - Page 7 of 7 |