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| 5 | 5 | | 2025 -- H 5261 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000654 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO DOMESTIC RELATIONS -- DIVORCE AND SEPARATION |
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| 16 | 16 | | Introduced By: Representatives Perez, Potter, Corvese, O'Brien, Shallcross Smith, |
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| 17 | 17 | | DeSimone, J. Brien, Hopkins, Paplauskas, and Batista |
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| 18 | 18 | | Date Introduced: January 31, 2025 |
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| 19 | 19 | | Referred To: House Judiciary |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 15-5-16.2 of the General Laws in Chapter 15-5 entitled "Divorce and 1 |
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| 24 | 24 | | Separation" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 15-5-16.2. Child support. 3 |
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| 26 | 26 | | (a) In a proceeding for divorce, divorce from bed and board, a miscellaneous petition 4 |
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| 27 | 27 | | without the filing of divorce proceedings, or child support, the court shall order either or both 5 |
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| 28 | 28 | | parents owing a duty of support to a child to pay an amount based upon a formula and guidelines 6 |
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| 29 | 29 | | adopted by an administrative order of the family court. If, after calculating support based upon 7 |
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| 30 | 30 | | court established formula and guidelines, the court, in its discretion, finds the order would be 8 |
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| 31 | 31 | | inequitable to the child or either parent, the court shall make findings of fact and shall order either 9 |
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| 32 | 32 | | or both parents owing a duty of support to pay an amount reasonable or necessary for the child’s 10 |
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| 33 | 33 | | support after considering all relevant factors including, but not limited to: 11 |
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| 34 | 34 | | (1) The financial resources of the child; 12 |
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| 35 | 35 | | (2) The financial resources of the custodial parent; 13 |
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| 36 | 36 | | (3) The standard of living the child would have enjoyed had the marriage not been 14 |
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| 37 | 37 | | dissolved; 15 |
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| 38 | 38 | | (4) The physical and emotional condition of the child and his or her educational needs; and 16 |
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| 39 | 39 | | (5) The financial resources and needs of the noncustodial parent, provided, that in 17 |
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| 40 | 40 | | establishing a child support order, incarceration may not be treated as voluntary unemployment. 18 |
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| 41 | 41 | | (b)(1) The court may, if in its discretion it deems it necessary or advisable, order child 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC000654 - Page 2 of 8 |
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| 45 | 45 | | support and education costs for children attending high school at the time of their eighteenth (18th) 1 |
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| 46 | 46 | | birthday and for ninety (90) days after graduation, but in no case beyond their nineteenth (19th) 2 |
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| 47 | 47 | | birthday. 3 |
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| 48 | 48 | | (2) Notwithstanding the foregoing, the court, in its discretion, may order child support, in 4 |
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| 49 | 49 | | the case of a child with a severe physical or mental impairment still living with or under the care 5 |
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| 50 | 50 | | of a parent, beyond the child’s emancipation as defined above. The court shall consider the 6 |
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| 51 | 51 | | following factors when making its determination: (1) The nature and extent of the disability; (2) 7 |
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| 52 | 52 | | The cost of the extraordinary medical expenses; (3) The ability of the child to earn income; (4) The 8 |
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| 53 | 53 | | financial resources of the child; (5) The financial resources of the parents; (6) The inability of the 9 |
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| 54 | 54 | | primary caregiver of the child to sustain gainful employment on a full-time basis due to the care 10 |
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| 55 | 55 | | necessitated by the child. The onset of the disability must have occurred prior to the emancipation 11 |
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| 56 | 56 | | event. If a child support order for a child with a severe physical or mental impairment has been 12 |
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| 57 | 57 | | terminated, suspended, or expired, the court shall consider the factors in this paragraph and has the 13 |
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| 58 | 58 | | discretion to order child support for this child prospectively based upon established child support 14 |
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| 59 | 59 | | guidelines. The court may periodically review the case to determine if circumstances warrant the 15 |
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| 60 | 60 | | continuation of child support. 16 |
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| 61 | 61 | | (3) In addition, effective July 1, 2025, the court may make appropriate orders for child 17 |
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| 62 | 62 | | support and education costs for any child who has attained eighteen (18) years of age, but who has 18 |
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| 63 | 63 | | not attained twenty-one (21) years of age, and who is domiciled in the home of a parent, and is 19 |
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| 64 | 64 | | principally dependent upon said parent for support. The court may make appropriate orders of child 20 |
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| 65 | 65 | | support and education costs for any child who has attained the age of twenty-one (21) years, but 21 |
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| 66 | 66 | | who has not attained the age of twenty-three (23) years, if such child is domiciled in the home of a 22 |
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| 67 | 67 | | parent, and is principally dependent upon said parent for support due to the enrollment of such child 23 |
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| 68 | 68 | | in an educational program, excluding educational costs beyond an undergraduate degree. 24 |
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| 69 | 69 | | (c)(1) The court may, if in its discretion it deems it necessary or advisable, appoint an 25 |
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| 70 | 70 | | attorney or a guardian ad litem to represent the interest of a minor or dependent child with respect 26 |
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| 71 | 71 | | to his or her support, custody, and visitation. 27 |
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| 72 | 72 | | (i) In determining whether an appointment should be made, the court shall consider the 28 |
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| 73 | 73 | | extent to which a guardian ad litem may assist in providing information concerning the best interest 29 |
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| 74 | 74 | | of the child; the age of the child; the wishes of the parents, as well as their financial resources; the 30 |
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| 75 | 75 | | nature of the proceeding including the level of contentiousness, allegations of child abuse, or 31 |
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| 76 | 76 | | domestic violence and the risk of harm to the child if a guardian is not appointed; or conflicts of 32 |
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| 77 | 77 | | interest between the child and parents or siblings; 33 |
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| 78 | 78 | | (ii) The guardian ad litem shall be appointed from a list of persons properly credentialed 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC000654 - Page 3 of 8 |
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| 82 | 82 | | pursuant to administrative orders of the chief judge of the family court; 1 |
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| 83 | 83 | | (iii) The court shall enter an order of appointment stating the specific assignment, the 2 |
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| 84 | 84 | | optional and mandatory duties of the guardian ad litem, the guardian’s access to the child and 3 |
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| 85 | 85 | | confidential information regarding the child, and a provision for payment of the costs and fees of 4 |
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| 86 | 86 | | the guardian ad litem; 5 |
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| 87 | 87 | | (iv) Communications made to a guardian, including those made by a child, are not 6 |
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| 88 | 88 | | privileged and may or may not be disclosed to the parties, the court, or to professionals providing 7 |
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| 89 | 89 | | services to the child or the family; 8 |
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| 90 | 90 | | (v) The guardian ad litem shall meet with the child, conduct an investigation, and upon 9 |
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| 91 | 91 | | request of the court, shall prepare an oral or written report that contains the procedural background 10 |
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| 92 | 92 | | of the case, identification of all persons interviewed and other sources of information, a statement 11 |
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| 93 | 93 | | of the child’s emotional, medical, educational, and social service needs, the child’s wishes, and 12 |
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| 94 | 94 | | other factors relevant to the court’s determination regarding the best interests of the child; 13 |
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| 95 | 95 | | (vi) Any written report of the guardian ad litem shall be marked as a full exhibit in the 14 |
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| 96 | 96 | | proceedings, subject to cross-examination; 15 |
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| 97 | 97 | | (vii) If the guardian ad litem requests confidential healthcare information and consent is 16 |
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| 98 | 98 | | withheld, he or she shall apply to the court for leave to obtain such information after compliance 17 |
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| 99 | 99 | | with § 5-37.3-6.1; 18 |
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| 100 | 100 | | (viii) The guardian ad litem shall be given notice of and should appear at all proceedings 19 |
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| 101 | 101 | | in family court that affect the interests of the child; 20 |
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| 102 | 102 | | (ix) A person serving as a guardian ad litem under this section acts as the court’s agent and 21 |
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| 103 | 103 | | is entitled to quasi-judicial immunity for acts performed within the scope of the duties of the 22 |
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| 104 | 104 | | guardian ad litem; 23 |
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| 105 | 105 | | (x) The chief judge of the family court shall issue, through administrative orders, rules 24 |
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| 106 | 106 | | governing the appointment and performance of guardians ad litem in domestic proceedings. 25 |
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| 107 | 107 | | (2) After a decree for support has been entered, the court may, from time to time upon the 26 |
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| 108 | 108 | | petition of either party, or by the state in accordance with subsection (c)(3) of this section, review 27 |
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| 109 | 109 | | and alter its decree relative to the amount of support and the payment of it, and may make any 28 |
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| 110 | 110 | | decree relative to it that it might have made in the original suit. The decree may be made retroactive 29 |
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| 111 | 111 | | in the court’s discretion only to the date that notice of a petition to modify was given to the adverse 30 |
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| 112 | 112 | | party if the court finds that a substantial change in circumstances has occurred; provided, that the 31 |
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| 113 | 113 | | court shall set forth in its decision the specific findings of fact that show a substantial change in 32 |
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| 114 | 114 | | circumstances and upon which findings of facts the court has decided to make the decree 33 |
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| 115 | 115 | | retroactive. In modifying the order, incarceration may not be treated as voluntary unemployment 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LC000654 - Page 4 of 8 |
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| 119 | 119 | | that would prevent the motion from being heard or result in a denial of the motion. The child support 1 |
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| 120 | 120 | | order shall continue in full force and effect, by wage withholding, after the youngest child is 2 |
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| 121 | 121 | | emancipated, and shall be applied towards any arrearage due and owing, as indicated on the child-3 |
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| 122 | 122 | | support computer system. Upon satisfaction of the arrears due and owing the child-support order 4 |
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| 123 | 123 | | shall be automatically suspended and wage withholding terminated without the necessity of 5 |
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| 124 | 124 | | returning to family court. 6 |
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| 125 | 125 | | (3) When the department of human services, office of child support services, becomes 7 |
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| 126 | 126 | | aware of the fact, through an electronic data exchange of information with the department of 8 |
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| 127 | 127 | | corrections, or by any other means, that the noncustodial parent is or will be incarcerated for one 9 |
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| 128 | 128 | | hundred eighty (180) days or more, the department may automatically file a motion to modify or a 10 |
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| 129 | 129 | | motion for relief, to be heard before the court via a video conference hearing or other type of 11 |
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| 130 | 130 | | hearing. A specific request for the filing of this motion need not be made in writing or otherwise 12 |
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| 131 | 131 | | by the incarcerated, noncustodial parent, but the parent shall be notified of the hearing and provided 13 |
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| 132 | 132 | | a meaningful opportunity to respond. The court shall schedule a hearing to determine the 14 |
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| 133 | 133 | | noncustodial parent’s ability to pay, taking into consideration the assets and financial resources and 15 |
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| 134 | 134 | | any benefits the noncustodial parent may be receiving, the length of the sentence, and shall modify 16 |
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| 135 | 135 | | or suspend all child support orders, after setting forth in its decision specific findings of fact that 17 |
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| 136 | 136 | | show circumstances upon which the court has decided to modify or suspend all child support orders 18 |
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| 137 | 137 | | during the period of incarceration. Upon the obligor’s release, the department of human services, 19 |
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| 138 | 138 | | office of child support services, shall file a motion for support, and a hearing shall be scheduled to 20 |
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| 139 | 139 | | determine the obligor’s ability to begin paying child support pursuant to the child support 21 |
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| 140 | 140 | | guidelines in effect. Nothing herein prevents or otherwise prohibits the court from denying any 22 |
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| 141 | 141 | | such motion if an obligor is serving a sentence for criminal nonsupport in state or federal prison or 23 |
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| 142 | 142 | | is otherwise incarcerated after having been found to be in willful civil contempt for failure to pay 24 |
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| 143 | 143 | | child support. 25 |
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| 144 | 144 | | (d)(1) In a proceeding to enforce a child support order, or a spousal support order for a 26 |
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| 145 | 145 | | custodial parent having custody of a minor child, the court or its magistrate may assign to the 27 |
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| 146 | 146 | | obligee such tangible personal property of the obligor that will be sufficient to satisfy the child or 28 |
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| 147 | 147 | | spousal support arrearage owed. The court or its magistrate, after a hearing, shall establish the 29 |
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| 148 | 148 | | amount of the child or spousal support arrearage, and the nature and value of the tangible personal 30 |
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| 149 | 149 | | property. To effect the assignment, the court or its magistrate may order the obligor to execute and 31 |
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| 150 | 150 | | deliver the documents of title that may be necessary to complete the transfer of title to the property, 32 |
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| 151 | 151 | | and may order the obligor to deliver possession of the property to the obligee. Whenever the obligor 33 |
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| 152 | 152 | | fails to comply with the order assigning the property, the order of assignment shall be regarded as 34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC000654 - Page 5 of 8 |
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| 156 | 156 | | a judgment vesting title to the property in the obligor as fully and completely as if the obligor had 1 |
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| 157 | 157 | | executed and delivered the documents of title. 2 |
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| 158 | 158 | | (2) Any order for child support issued by the family court shall contain a provision 3 |
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| 159 | 159 | | requiring either or both parents owing a duty of support to a child to obtain health insurance 4 |
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| 160 | 160 | | coverage for the child when coverage is available to the parent or parents through their employment 5 |
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| 161 | 161 | | without cost or at a reasonable cost. “Reasonable cost” shall be defined in accordance with 6 |
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| 162 | 162 | | guidelines adopted by administrative order of the family court in conjunction with the child support 7 |
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| 163 | 163 | | guidelines. 8 |
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| 164 | 164 | | (3) Any existing child support orders may be modified in accordance with this subsection 9 |
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| 165 | 165 | | unless the court makes specific written findings of fact that take into consideration the best interests 10 |
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| 166 | 166 | | of the child and conclude that a child support order or medical order would be unjust or 11 |
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| 167 | 167 | | inappropriate in a particular case. 12 |
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| 168 | 168 | | (4) In addition, the national medical support notice shall be issued with respect to all orders 13 |
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| 169 | 169 | | issued, enforced, or modified on or after October 1, 2002, in accordance with chapter 29 of this 14 |
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| 170 | 170 | | title. The notice shall inform the employer of provisions in the child support order, for healthcare 15 |
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| 171 | 171 | | coverage for the child, and contain instructions on how to implement this coverage. In lieu of the 16 |
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| 172 | 172 | | court ordering the noncustodial parent to obtain or maintain healthcare coverage for the child, the 17 |
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| 173 | 173 | | court may order the noncustodial parent to contribute a weekly cash amount towards the medical 18 |
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| 174 | 174 | | premium for healthcare coverage paid by the state of Rhode Island and/or the custodial parent. The 19 |
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| 175 | 175 | | method to determine a reasonable weekly amount shall be addressed in the family court 20 |
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| 176 | 176 | | administrative order pertaining to the child support guidelines. 21 |
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| 177 | 177 | | (e) In a proceeding to establish support, the court in its discretion may, after opportunity 22 |
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| 178 | 178 | | for a hearing, issue a temporary order for child support payable into the registry of the court and to 23 |
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| 179 | 179 | | be held pending entry of judgment. In the event of a final adjudication requiring no payment or 24 |
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| 180 | 180 | | payments in an amount less than those payments that have been made pursuant to a temporary order 25 |
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| 181 | 181 | | under this section, the defendant shall be entitled to a refund of all or a portion of the amounts paid. 26 |
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| 182 | 182 | | (f) In any proceeding to establish support, or in any case in which an obligor owes past-27 |
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| 183 | 183 | | due support, for a child or children receiving public assistance pursuant to chapter 5.1 of title 40 28 |
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| 184 | 184 | | [repealed], the court or its magistrate, upon a finding that an able-bodied absent parent obligor is 29 |
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| 185 | 185 | | unemployed, underemployed, or lacks sufficient income or resources from which to make payment 30 |
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| 186 | 186 | | of support equal to the public assistance payment for the child or children, or is unable to pay the 31 |
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| 187 | 187 | | arrearages in accordance with a payment plan, may order that parent to perform unpaid community 32 |
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| 188 | 188 | | service for at least twenty (20) hours per week through community service placements arranged 33 |
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| 189 | 189 | | and supervised by the department of human services or to participate in any work activities that the 34 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | LC000654 - Page 6 of 8 |
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| 193 | 193 | | court deems appropriate. The performance of community service shall not be a basis for retroactive 1 |
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| 194 | 194 | | suspension of arrears due and owing. 2 |
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| 195 | 195 | | (g)(1) In any proceeding to establish support for a minor child whose adjudicated parent is 3 |
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| 196 | 196 | | a minor (minor-parent), the court or its magistrate may order a grandparent of the minor child to 4 |
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| 197 | 197 | | reimburse the department of human services in an amount not to exceed the total amount of cash 5 |
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| 198 | 198 | | assistance benefits paid to or for the minor child pursuant to chapter 5.1 of title 40 [repealed] until 6 |
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| 199 | 199 | | the minor-parent reaches the age of eighteen (18), less any payment made to the department by the 7 |
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| 200 | 200 | | minor parent. 8 |
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| 201 | 201 | | (2) The obligation of reimbursement for the minor child shall be the joint and several 9 |
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| 202 | 202 | | responsibility of the minor parent and the grandparent(s) until the minor parent reaches the age of 10 |
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| 203 | 203 | | eighteen (18); provided, that each joint obligor shall have a right of contribution against each joint 11 |
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| 204 | 204 | | obligor, which right shall be enforceable by an action in the family court. 12 |
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| 205 | 205 | | (h)(1) All support orders established or modified in the state on or after October 1, 1998, 13 |
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| 206 | 206 | | shall be recorded with the Rhode Island family court department of human services child-support-14 |
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| 207 | 207 | | enforcement computer system, which maintains the official registry of support orders entered in 15 |
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| 208 | 208 | | accordance with applicable administrative orders issued by the Rhode Island family court. The 16 |
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| 209 | 209 | | support order shall be recorded whether or not services are being provided under the IV-D state 17 |
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| 210 | 210 | | plan. 18 |
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| 211 | 211 | | (2) The obligee to a paternity or child support proceeding shall be required to file with the 19 |
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| 212 | 212 | | family court, upon the entry of the order, the appropriate form as provided by family court that 20 |
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| 213 | 213 | | includes the full name of the parties, residential and mailing address, telephone number, drivers 21 |
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| 214 | 214 | | license number, social security number, and the name, address, and telephone number of the 22 |
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| 215 | 215 | | employer. The form shall also include the full order amount and date and amount of arrearages if 23 |
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| 216 | 216 | | any, the name of the child(ren), their date of birth, address, social security number, and any other 24 |
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| 217 | 217 | | information as required by administrative order. 25 |
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| 218 | 218 | | (3) After this, each party is required to file an amended form, whenever any of the 26 |
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| 219 | 219 | | information contained on the original form has been changed in any way, within ten (10) days of 27 |
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| 220 | 220 | | the change. The information shall be entered in the child-support-enforcement computer system 28 |
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| 221 | 221 | | within five (5) business days of receipt of the amended form. 29 |
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| 222 | 222 | | (i) In any subsequent child-support-enforcement action between the parties, upon sufficient 30 |
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| 223 | 223 | | showing that diligent effort has been made to ascertain the location of such a party, the court may 31 |
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| 224 | 224 | | deem state due process requirements for notice and service of process to be met with respect to the 32 |
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| 225 | 225 | | party, upon service by first class mail or, where appropriate, by service as specified in the Rhode 33 |
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| 226 | 226 | | Island rules of procedure for domestic relations for the family court of Rhode Island, of written 34 |
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| 227 | 227 | | |
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| 228 | 228 | | |
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| 229 | 229 | | LC000654 - Page 7 of 8 |
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| 230 | 230 | | notice to the most recent residential or employer address of record. 1 |
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| 231 | 231 | | [See § 12-1-15 of the General Laws.] 2 |
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| 232 | 232 | | SECTION 2. This act shall take effect upon passage. 3 |
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| 237 | 237 | | |
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| 238 | 238 | | LC000654 - Page 8 of 8 |
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| 239 | 239 | | EXPLANATION |
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| 240 | 240 | | BY THE LEGISLATIVE COUNCIL |
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| 241 | 241 | | OF |
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| 242 | 242 | | A N A C T |
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| 243 | 243 | | RELATING TO DOMESTIC RELATIONS -- DIVORCE AND SEPARATION |
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| 244 | 244 | | *** |
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| 245 | 245 | | This act would permit, effective July 1, 2025, the family court to make appropriate orders 1 |
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| 246 | 246 | | of support and education of any child who has attained eighteen (18) years of age, but who has not 2 |
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| 247 | 247 | | attained age twenty-one (21) years of age, who is domiciled in the home of a parent, and is 3 |
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| 248 | 248 | | principally dependent upon said parent for support. This act would also permit orders for the 4 |
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| 249 | 249 | | support and education of any child up to twenty-three (23) years of age when the support is needed 5 |
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| 250 | 250 | | due to the child being enrolled in an education program. 6 |
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| 251 | 251 | | This act would take effect upon passage. 7 |
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