2023 -- S 0398
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LC000949
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO DOMESTIC RELATIONS -- DIVORCE AND SEPARATION
Introduced By: Senator Thomas J. Paolino
Date Introduced: February 16, 2023
Referred To: Senate Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Section 15-5-16.2 of the General Laws in Chapter 15-5 entitled "Divorce and 1
Separation" is hereby amended to read as follows: 2
15-5-16.2. Child support. 3
(a) In a proceeding for divorce, divorce from bed and board, a miscellaneous petition 4
without the filing of divorce proceedings, or child support, the court shall order either or both 5
parents owing a duty of support to a child to pay an amount based upon a formula and guidelines 6
adopted by an administrative order of the family court. If, after calculating support based upon 7
court established formula and guidelines, the court, in its discretion, finds the order would be 8
inequitable to the child or either parent, the court shall make findings of fact and shall order either 9
or both parents owing a duty of support to pay an amount reasonable or necessary for the child’s 10
support after considering all relevant factors including, but not limited to: 11
(1) The financial resources of the child; 12
(2) The financial resources of the custodial parent; 13
(3) The standard of living the child would have enjoyed had the marriage not been 14
dissolved; 15
(4) The physical and emotional condition of the child and his or her educational needs; and 16
(5) The financial resources and needs of the noncustodial parent, provided, that in 17
establishing a child support order, incarceration may not be treated as voluntary unemployment. 18
(b) The court may, if in its discretion it deems it necessary or advisable, order child support 19
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and education costs for children attending high school at the time of their eighteenth (18th) birthday 1
and for ninety (90) days after graduation, but in no case beyond their nineteenth (19th) birthday. If, 2
however, any children are attending a two (2) year or four (4) year college and the children still 3
live with the custodial parent, a court, in its discretion, may order the child support extended until 4
age twenty-one (21). 5
Notwithstanding the foregoing, the court, in its discretion, may order child support, in the 6
case of a child with a severe physical or mental impairment still living with or under the care of a 7
parent, beyond the child’s emancipation as defined above. The court shall consider the following 8
factors when making its determination: (1) The nature and extent of the disability; (2) The cost of 9
the extraordinary medical expenses; (3) The ability of the child to earn income; (4) The financial 10
resources of the child; (5) The financial resources of the parents; (6) The inability of the primary 11
caregiver of the child to sustain gainful employment on a full-time basis due to the care necessitated 12
by the child. The onset of the disability must have occurred prior to the emancipation event. If a 13
child support order for a child with a severe physical or mental impairment has been terminated, 14
suspended, or expired, the court shall consider the factors in this paragraph and has the discretion 15
to order child support for this child prospectively based upon established child support guidelines. 16
The court may periodically review the case to determine if circumstances warrant the continuation 17
of child support. 18
(c)(1) The court may, if in its discretion it deems it necessary or advisable, appoint an 19
attorney or a guardian ad litem to represent the interest of a minor or dependent child with respect 20
to his or her support, custody, and visitation. 21
(i) In determining whether an appointment should be made, the court shall consider the 22
extent to which a guardian ad litem may assist in providing information concerning the best interest 23
of the child; the age of the child; the wishes of the parents, as well as their financial resources; the 24
nature of the proceeding including the level of contentiousness, allegations of child abuse, or 25
domestic violence and the risk of harm to the child if a guardian is not appointed; or conflicts of 26
interest between the child and parents or siblings; 27
(ii) The guardian ad litem shall be appointed from a list of persons properly credentialed 28
pursuant to administrative orders of the chief judge of the family court; 29
(iii) The court shall enter an order of appointment stating the specific assignment, the 30
optional and mandatory duties of the guardian ad litem, the guardian’s access to the child and 31
confidential information regarding the child, and a provision for payment of the costs and fees of 32
the guardian ad litem; 33
(iv) Communications made to a guardian, including those made by a child, are not 34
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privileged and may or may not be disclosed to the parties, the court, or to professionals providing 1
services to the child or the family; 2
(v) The guardian ad litem shall meet with the child, conduct an investigation, and upon 3
request of the court, shall prepare an oral or written report that contains the procedural background 4
of the case, identification of all persons interviewed and other sources of information, a statement 5
of the child’s emotional, medical, educational, and social service needs, the child’s wishes, and 6
other factors relevant to the court’s determination regarding the best interests of the child; 7
(vi) Any written report of the guardian ad litem shall be marked as a full exhibit in the 8
proceedings, subject to cross-examination; 9
(vii) If the guardian ad litem requests confidential healthcare information and consent is 10
withheld, he or she shall apply to the court for leave to obtain such information after compliance 11
with § 5-37.3-6.1; 12
(viii) The guardian ad litem shall be given notice of and should appear at all proceedings 13
in family court that affect the interests of the child; 14
(ix) A person serving as a guardian ad litem under this section acts as the court’s agent and 15
is entitled to quasi-judicial immunity for acts performed within the scope of the duties of the 16
guardian ad litem; 17
(x) The chief judge of the family court shall issue, through administrative orders, rules 18
governing the appointment and performance of guardians ad litem in domestic proceedings. 19
(2) After a decree for support has been entered, the court may, from time to time upon the 20
petition of either party, or by the state in accordance with subsection (c)(3) of this section, review 21
and alter its decree relative to the amount of support and the payment of it, and may make any 22
decree relative to it that it might have made in the original suit. The decree may be made retroactive 23
in the court’s discretion only to the date that notice of a petition to modify was given to the adverse 24
party if the court finds that a substantial change in circumstances has occurred; provided, that the 25
court shall set forth in its decision the specific findings of fact that show a substantial change in 26
circumstances and upon which findings of facts the court has decided to make the decree 27
retroactive. In modifying the order, incarceration may not be treated as voluntary unemployment 28
that would prevent the motion from being heard or result in a denial of the motion. The child support 29
order shall continue in full force and effect, by wage withholding, after the youngest child is 30
emancipated, and shall be applied towards any arrearage due and owing, as indicated on the child-31
support computer system. Upon satisfaction of the arrears due and owing the child-support order 32
shall be automatically suspended and wage withholding terminated without the necessity of 33
returning to family court. 34
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(3) When the department of human services, office of child support services, becomes 1
aware of the fact, through an electronic data exchange of information with the department of 2
corrections, or by any other means, that the noncustodial parent is or will be incarcerated for one 3
hundred eighty (180) days or more, the department may automatically file a motion to modify or a 4
motion for relief, to be heard before the court via a video conference hearing or other type of 5
hearing. A specific request for the filing of this motion need not be made in writing or otherwise 6
by the incarcerated, noncustodial parent, but the parent shall be notified of the hearing and provided 7
a meaningful opportunity to respond. The court shall schedule a hearing to determine the 8
noncustodial parent’s ability to pay, taking into consideration the assets and financial resources and 9
any benefits the noncustodial parent may be receiving, the length of the sentence, and shall modify 10
or suspend all child support orders, after setting forth in its decision specific findings of fact that 11
show circumstances upon which the court has decided to modify or suspend all child support orders 12
during the period of incarceration. Upon the obligor’s release, the department of human services, 13
office of child support services, shall file a motion for support, and a hearing shall be scheduled to 14
determine the obligor’s ability to begin paying child support pursuant to the child support 15
guidelines in effect. This section does not apply to those individuals who are serving a sentence for 16
criminal nonsupport in state or federal prison, or who are found to be in civil contempt for failure 17
to pay child support and incarcerated for that reason. 18
(d)(1) In a proceeding to enforce a child support order, or a spousal support order for a 19
custodial parent having custody of a minor child, the court or its magistrate may assign to the 20
obligee such tangible personal property of the obligor that will be sufficient to satisfy the child or 21
spousal support arrearage owed. The court or its magistrate, after a hearing, shall establish the 22
amount of the child or spousal support arrearage, and the nature and value of the tangible personal 23
property. To effect the assignment, the court or its magistrate may order the obligor to execute and 24
deliver the documents of title that may be necessary to complete the transfer of title to the property, 25
and may order the obligor to deliver possession of the property to the obligee. Whenever the obligor 26
fails to comply with the order assigning the property, the order of assignment shall be regarded as 27
a judgment vesting title to the property in the obligor as fully and completely as if the obligor had 28
executed and delivered the documents of title. 29
(2) Any order for child support issued by the family court shall contain a provision 30
requiring either or both parents owing a duty of support to a child to obtain health insurance 31
coverage for the child when coverage is available to the parent or parents through their employment 32
without cost or at a reasonable cost. “Reasonable cost” shall be defined in accordance with 33
guidelines adopted by administrative order of the family court in conjunction with the child support 34
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guidelines. 1
(3) Any existing child support orders may be modified in accordance with this subsection 2
unless the court makes specific written findings of fact that take into consideration the best interests 3
of the child and conclude that a child support order or medical order would be unjust or 4
inappropriate in a particular case. 5
(4) In addition, the national medical support notice shall be issued with respect to all orders 6
issued, enforced, or modified on or after October 1, 2002, in accordance with chapter 29 of title 15. 7
The notice shall inform the employer of provisions in the child support order, for healthcare 8
coverage for the child, and contain instructions on how to implement this coverage. In lieu of the 9
court ordering the noncustodial parent to obtain or maintain healthcare coverage for the child, the 10
court may order the noncustodial parent to contribute a weekly cash amount towards the medical 11
premium for healthcare coverage paid by the state of Rhode Island and/or the custodial parent. The 12
method to determine a reasonable weekly amount shall be addressed in the family court 13
administrative order pertaining to the child support guidelines. 14
(e) In a proceeding to establish support, the court in its discretion may, after opportunity 15
for a hearing, issue a temporary order for child support payable into the registry of the court and to 16
be held pending entry of judgment. In the event of a final adjudication requiring no payment or 17
payments in an amount less than those payments that have been made pursuant to a temporary order 18
under this section, the defendant shall be entitled to a refund of all or a portion of the amounts paid. 19
(f) In any proceeding to establish support, or in any case in which an obligor owes past-20
due support, for a child or children receiving public assistance pursuant to chapter 5.1 of title 40, 21
the court or its magistrate, upon a finding that an able-bodied absent parent obligor is unemployed, 22
underemployed, or lacks sufficient income or resources from which to make payment of support 23
equal to the public assistance payment for the child or children, or is unable to pay the arrearages 24
in accordance with a payment plan, may order that parent to perform unpaid community service for 25
at least twenty (20) hours per week through community service placements arranged and supervised 26
by the department of human services or to participate in any work activities that the court deems 27
appropriate. The performance of community service shall not be a basis for retroactive suspension 28
of arrears due and owing. 29
(g)(1) In any proceeding to establish support for a minor child whose adjudicated parent is 30
a minor (minor-parent), the court or its magistrate may order a grandparent of the minor child to 31
reimburse the department of human services in an amount not to exceed the total amount of cash 32
assistance benefits paid to or for the minor child pursuant to chapter 5.1 of title 40 until the minor-33
parent reaches the age of eighteen (18), less any payment made to the department by the minor 34
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parent. 1
(2) The obligation of reimbursement for the minor child shall be the joint and several 2
responsibility of the minor parent and the grandparent(s) until the minor parent reaches the age of 3
eighteen (18); provided, that each joint obligor shall have a right of contribution against each joint 4
obligor, which right shall be enforceable by an action in the family court. 5
(h)(1) All support orders established or modified in the state on or after October 1, 1998, 6
shall be recorded with the Rhode Island family court department of human services child-support-7
enforcement computer system, which maintains the official registry of support orders entered in 8
accordance with applicable administrative orders issued by the Rhode Island family court. The 9
support order shall be recorded whether or not services are being provided under the IV-D state 10
plan. 11
(2) The obligee to a paternity or child support proceeding shall be required to file with the 12
family court, upon the entry of the order, the appropriate form as provided by family court that 13
includes the full name of the parties, residential and mailing address, telephone number, drivers 14
license number, social security number, and the name, address, and telephone number of the 15
employer. The form shall also include the full order amount and date and amount of arrearages if 16
any, the name of the child(ren), their date of birth, address, social security number, and any other 17
information as required by administrative order. 18
(3) After this, each party is required to file an amended form, whenever any of the 19
information contained on the original form has been changed in any way, within ten (10) days of 20
the change. The information shall be entered in the child-support-enforcement computer system 21
within five (5) business days of receipt of the amended form. 22
(i) In any subsequent child-support-enforcement action between the parties, upon sufficient 23
showing that diligent effort has been made to ascertain the location of such a party, the court may 24
deem state due process requirements for notice and service of process to be met with respect to the 25
party, upon service by first class mail or, where appropriate, by service as specified in the Rhode 26
Island rules of procedure for domestic relations for the family court of Rhode Island, of written 27
notice to the most recent residential or employer address of record. 28
[See § 12-1-15 of the General Laws.] 29
SECTION 2. Section 15-9-1 of the General Laws in Chapter 15-9 entitled "Support of 30
Children [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby 31
amended to read as follows: 32
15-9-1. Duty of parent to pay support and maintenance to the agency or person having 33
custody of the child. 34
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(a) Whenever the department of children, youth and families shall pay for the support and 1
maintenance of any child pursuant to §§ 42-72-13 and 42-72-14, or whenever another department, 2
agency, society, institution, or person having the charge, care, or custody of a child shall pay for 3
the support and maintenance of the child, the court shall order either or both parents owing a duty 4
of support to a child to pay an amount based upon a formula and guidelines adopted by an 5
administrative order of the family court. If, after calculating support based upon court established 6
formula and guidelines, the court, in its discretion, finds the proposed order would be inequitable 7
to the child or either parent, the court shall make findings of fact and shall order either or both 8
parents owing a duty of support to pay an amount reasonable or necessary for the child’s support 9
after considering all relevant factors, including, but not limited to: 10
(1) The financial resources of the child; 11
(2) The financial resources of the custodial parent; 12
(3) The standard of living the child would have enjoyed had the marriage not been 13
dissolved; 14
(4) The physical and emotional condition of the child and his or her educational needs; and 15
(5) The financial resources and needs of the non-custodial parent. 16
(b) If it deems necessary or advisable, the court may order child support and education 17
costs for children attending high school at the time of their eighteenth (18th) birthday and for ninety 18
(90) days after graduation, but in no case beyond their nineteenth (19th) birthday. If, however, any 19
children are attending a two (2) year or four (4) year college, and the children still live with the 20
custodial parent, a court, in its discretion, may order the child support extended until age twenty-21
one (21). In addition, the court may order the support of a child with a severe physical or mental 22
impairment to continue until the twenty-first (21st) birthday of the child. 23
(c) After a decree for support has been entered and upon the petition of either party, the 24
court may review and alter its decree relative to the amount and payment of support. If the court 25
finds that a substantial change in circumstances has occurred, the decree may be made retroactive 26
to the date that notice of a petition to modify was given to the adverse party. In such a case the 27
court shall set forth in its decision the specific findings of fact which show a substantial change in 28
circumstances and why the decree should be made retroactive. 29
(d) Any order for child support issued by the family court shall contain a provision 30
requiring either or both parents owing a duty of support to a child to obtain health insurance 31
coverage for the child when such coverage is available to the parent or parents through their 32
employment without cost or at a reasonable cost. “Reasonable cost” shall be defined in accordance 33
with guidelines adopted by administrative order of the family court in conjunction with the child 34
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support guidelines. 1
(e) Any existing child support orders may be modified in accordance with this section 2
unless the court makes specific written findings of fact that take into consideration the best interests 3
of the child and conclude that a child support order or medical order would be unjust or 4
inappropriate in a particular case. 5
(f) In addition, the national medical support notice shall be issued with respect to all orders 6
issued, enforced, or modified on or after October 1, 2002, in accordance with chapter 29 of this 7
title. The notice shall inform the employer of provisions in the child support order for health care 8
coverage for the child and of the method to implement this coverage. In lieu of the court ordering 9
the non-custodial parent to obtain or maintain health care coverage for the child, the court may 10
order the non-custodial parent to contribute a weekly cash amount towards the medical premium 11
for health care coverage paid by the state of Rhode Island and/or the custodial parent. The method 12
to determine a reasonable weekly amount shall be addressed in a family court administrative order 13
pertaining to the child support guidelines. 14
(g) All support orders established or modified in the state on or after October 1, 1998, shall 15
be recorded with the Rhode Island family court/department of administration, division of taxation 16
child support computer enforcement system. The system maintains the official registry of support 17
orders entered in accordance with applicable administrative orders issued by the Rhode Island 18
family court. 19
(h) In any subsequent child support enforcement action between the parties, upon sufficient 20
showing that a diligent effort has been made to ascertain the location of such a party, the court may 21
allow for notice and service of process to be made by first class mail or by service of written notice 22
to the most recent residential or employer address of record, as specified in the Rhode Island rules 23
of procedure for domestic relations for the Family Court of Rhode Island. 24
(i) The department of children, youth, and families shall not seek child support for services 25
to the child which are special education services as defined under state and federal law and pursuant 26
to the regulations of the board of regents for elementary and secondary education governing the 27
special education of students with disabilities, section two, I., 1.0-4.11 and 34 C.F.R. Part 300. 28
SECTION 3. This act shall take effect upon passage. 29
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO DOMESTIC RELATIONS -- DIVORCE AND SEPARATI ON
***
This act would allow for the extension of child support obligations for non-custodial 1
parents beyond emancipation if the children are attending a two (2) or four (4) year college and still 2
live with the custodial parent until such children reach the age of twenty-one (21). 3
This act would take effect upon passage. 4
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