Child support is essential for the well-being of children whose parents are separated or divorced. Both parents are legally obligated to contribute financially to their child’s upbringing, ensuring that the child’s needs are met. However, when one parent fails to fulfill their child support responsibilities, it can create financial strain and uncertainty for the custodial parent. Attorney Christopher Heberg frequently assists families facing child support enforcement issues in Rhode Island, helping them navigate the legal process to ensure children receive the financial support they are entitled to.
This article will explain how child support is enforced in Rhode Island, the legal measures available to ensure compliance, and what parents can do if support is not paid.
How is Child Support Determined in Rhode Island?
In Rhode Island, child support is calculated based on the Income Shares Model, which takes into account both parents’ incomes and the number of children in need of support. The goal of this model is to provide the child with the same financial support they would have received if the parents had remained together. The Rhode Island Family Court issues child support orders based on these guidelines, considering factors like medical insurance costs, daycare expenses, and the time each parent spends with the child.
Once a child support order is in place, the non-custodial parent is legally required to make payments as directed by the court. Failure to do so can result in a variety of enforcement actions, which may include wage garnishment, property liens, and even legal penalties such as contempt of court.
What Happens When Child Support is Not Paid?
When a non-custodial parent does not meet their child support obligations, Rhode Island law provides several enforcement mechanisms to help custodial parents recover the funds. The Rhode Island Office of Child Support Services (OCSS) is responsible for enforcing child support orders and ensuring that children receive the support they need. Here are some of the primary methods of enforcement available in Rhode Island:
- Wage Garnishment
Wage garnishment is one of the most common and effective ways to enforce child support orders in Rhode Island. The OCSS can withhold child support payments directly from the non-paying parent’s wages. The employer is legally required to deduct the support amount from the parent’s paycheck and send it directly to the custodial parent or through the state’s disbursement unit.
- Intercepting Tax Refunds
If a parent is delinquent on child support payments, the OCSS has the authority to intercept both state and federal tax refunds. This is a particularly useful tool in recovering overdue support, especially during tax season when the delinquent parent may be eligible for a refund.
- License Suspension
Rhode Island law allows for the suspension of various licenses when child support payments fall into arrears. This includes driver’s licenses, professional licenses, and even recreational licenses (such as fishing or hunting licenses). The threat of losing these privileges often incentivizes non-compliant parents to resume payments.
- Liens on Property
The state may also place a lien on any real or personal property owned by the non-paying parent, such as homes, vehicles, or bank accounts. This legal claim ensures that any sale or transfer of the property cannot occur without first satisfying the child support debt.
- Contempt of Court
If the non-custodial parent continuously fails to pay child support, the custodial parent can request that the court hold them in contempt. Being found in contempt of court can result in fines, increased penalties, and in extreme cases, jail time. This is often used as a last resort but can be highly effective in cases of long-term non-compliance.
Modifying Child Support Orders
There are situations where a parent may struggle to keep up with child support payments due to significant life changes. Rhode Island law allows for the modification of child support orders if there has been a substantial change in circumstances. This could include:
- Loss of employment
- Serious illness or disability
- A significant change in income
- Increased needs of the child
Parents seeking a modification must file a motion with the Rhode Island Family Court, demonstrating why the existing child support order is no longer reasonable or feasible. It is important to act quickly if financial difficulties arise, as child support cannot be modified retroactively.
The Role of the Office of Child Support Services (OCSS)
The Rhode Island Office of Child Support Services (OCSS) plays a critical role in child support enforcement. OCSS assists custodial parents in enforcing child support orders by tracking payments, initiating wage garnishments, and utilizing other enforcement tools mentioned above. Additionally, OCSS helps establish paternity, locate non-custodial parents, and modify support orders when necessary.
Although OCSS provides significant resources, the legal complexities of child support cases often require the assistance of an experienced attorney who can represent the custodial parent’s best interests in court.
R.I. Child Support Enforcement Attorney
If you are dealing with a non-compliant parent and struggling to enforce a child support order in Rhode Island, it is crucial to seek the legal advice of an experienced RI family law lawyer. Attorney Christopher Heberg has extensive experience handling child support enforcement cases and can help you navigate the legal process to ensure your child receives the financial support they deserve. Contact Attorney Heberg today to discuss your options and take the necessary steps to secure the support your family needs.
