Even if the non-custodial parent lives outside the state of Rhode Island, the law requires cooperation between states. The non-custodial parent is legally required to make regular child support payments, regardless of where they live.
If a non-custodial parent does not pay child support, he or she is subject to enforcement measures in accordance with Federal and Rhode Island child support law to collect regular and past-due payments.
The Rhode Island Child Support Agency Program is the state-run child support enforcement office for Rhode Island. The State of Rhode Island is required by federal law to provide services through the Child Support Agency Program (CSAP) and is funded by the federal government and the state of Rhode Island.
| RHODE ISLAND CHILD SUPPORT AGENCY PROGRAM DIVISION CASELOAD STATISTICS1 | |
|---|---|
| Full Time Equiv. Staff | 120 |
| Total Caseload | 58,468 |
1 U.S. Office of Child Support Enforcement, Boxscores for FY 2005
Rhode Island provides for interest to be charged on late child support payments, retroactive support and adjudicated arrears at a rate of 12% yearly.
Enforcement of past due child support in Rhode Island is not subject to a Statute of Limitations.
In Rhode Island, paternity must be established within 4 years after the child reaches the age of majority.
The age of emancipation in Rhode Island is 18 or if the child is attending high school, then upon graduation or age 19, which comes first. (§15-5-16.2(b) of RI General Laws)
Rhode Island has adopted the income shares model to determine the weekly child support order. It is based upon the philosophy that children are entitled to the standard of living based upon both parents monthly income. In order to calculate a monthly child support order, the court takes the following into account: the weekly gross income of both parents before taxes and before any other deductions, mandatory deductions (health insurance premiums, pre-existing child support payments, support of additional children). The court may consider the following discretionary deductions: retirement benefits, life insurance payments, extraordinary medical expenses, income tax adjustments, and payment of original marital debts.
Child support and visitation rights are separate issues. The court determines both and will usually order the non-custodial parent to pay support and the custodial parent to make the child available for visits.
The custodial parent must obey the court order for visitation, even if the non-custodial parent cannot or will not pay child support. The court can enforce any of its orders against either parent.
It took me 10 years to catch up with my husband to establish a court order for child support. Years had gone by and his debt was in the thousands. I got Human Services involved and they told me that because I was now in a different state I had to close my case and had to open my case there. Weeks after I sent the paperwork to the Child Support Enforcement office, I received a letter saying I needed to attach notarized proof of previous payements made etc, etc, etc. I was tired of going through the process of trying to get child support owed.
After many years of searching through various agencies for my ex-husband, a dear friend told me about the Support Collectors web site. I logged on and requested an application, thinking to myself it won't make a difference. We hadn't found him in 19 years, they won't be able to find him either. To my surprise they did and very quickly. Support Collectors handled everything very professionally and I received my settlement of $60,000 within a few months!
Thank you so much for your help in getting the child support payments my daughter deserves! I only wish I would not have waited so long to contact you for assistance. You succeeded when everyone else had failed.