§ 15-9-1 Duty of parent to pay support andmaintenance to the agency or person having custody of the child. – (a) Whenever the department of children, youth and families shall pay for thesupport and maintenance of any child pursuant to §§ 42-72-13 and42-72-14, or whenever another department, agency, society, institution, orperson having the charge, care, or custody of a child shall pay for the supportand maintenance of the child, the court shall order either or both parentsowing a duty of support to a child to pay an amount based upon a formula andguidelines adopted by an administrative order of the family court. If, aftercalculating support based upon court established formula and guidelines, thecourt, in its discretion, finds the proposed order would be inequitable to thechild or either parent, the court shall make findings of fact and shall ordereither or both parents owing a duty of support to pay an amount reasonable ornecessary for the child's support after considering all relevant factors,including, but not limited to:
(1) The financial resources of the child;
(2) The financial resources of the custodial parent;
(3) The standard of living the child would have enjoyed hadthe marriage not been dissolved;
(4) The physical and emotional condition of the child and hisor her educational needs; and
(5) The financial resources and needs of the non-custodialparent.
(b) If it deems necessary or advisable, the court may orderchild support and education costs for children attending high school at thetime of their eighteenth (18th) birthday and for ninety (90) days aftergraduation, but in no case beyond their nineteenth (19th) birthday. Inaddition, the court may order the support of a child with a severe physical ormental impairment to continue until the twenty-first (21st) birthday of thechild.
(c) After a decree for support has been entered and upon thepetition of either party, the court may review and alter its decree relative tothe amount and payment of support. If the court finds that a substantial changein circumstances has occurred, the decree may be made retroactive to the datethat notice of a petition to modify was given to the adverse party. In such acase the court shall set forth in its decision the specific findings of factwhich show a substantial change in circumstances and why the decree should bemade retroactive.
(d) Any order for child support issued by the family courtshall contain a provision requiring either or both parents owing a duty ofsupport to a child to obtain health insurance coverage for the child when suchcoverage is available to the parent or parents through their employment withoutcost or at a reasonable cost. "Reasonable cost" shall be defined in accordancewith guidelines adopted by administrative order of the family court inconjunction with the child support guidelines.
(e) Any existing child support orders may be modified inaccordance with this section unless the court makes specific written findingsof fact that take into consideration the best interests of the child andconclude that a child support order or medical order would be unjust orinappropriate in a particular case.
(f) In addition, the national medical support notice shall beissued with respect to all orders issued, enforced, or modified on or afterOctober 1, 2002, in accordance with chapter 29 of this title. The notice shallinform the employer of provisions in the child support order for health carecoverage for the child and of the method to implement this coverage. In lieu ofthe court ordering the non-custodial parent to obtain or maintain health carecoverage for the child, the court may order the non-custodial parent tocontribute a weekly cash amount towards the medical premium for health carecoverage paid by the state of Rhode Island and/or the custodial parent. Themethod to determine a reasonable weekly amount shall be addressed in a familycourt administrative order pertaining to the child support guidelines.
(g) All support orders established or modified in the stateon or after October 1, 1998, shall be recorded with the Rhode Island familycourt/department of administration, division of taxation child support computerenforcement system. The system maintains the official registry of supportorders entered in accordance with applicable administrative orders issued bythe Rhode Island family court.
(h) In any subsequent child support enforcement actionbetween the parties, upon sufficient showing that a diligent effort has beenmade to ascertain the location of such a party, the court may allow for noticeand service of process to be made by first class mail or by service of writtennotice to the most recent residential or employer address of record, asspecified in the Rhode Island rules of procedure for domestic relations for theFamily Court of Rhode Island.
(i) The department of children, youth, and families shall notseek child support for services to the child which are special educationservices as defined under state and federal law and pursuant to the regulationsof the board of regents for elementary and secondary education governing thespecial education of students with disabilities, section two, I., 1.0-4.11 and34 C.F.R. Part 300.
§ 15-9-1 Duty of parent to pay support andmaintenance to the agency or person having custody of the child. – (a) Whenever the department of children, youth and families shall pay for thesupport and maintenance of any child pursuant to §§ 42-72-13 and42-72-14, or whenever another department, agency, society, institution, orperson having the charge, care, or custody of a child shall pay for the supportand maintenance of the child, the court shall order either or both parentsowing a duty of support to a child to pay an amount based upon a formula andguidelines adopted by an administrative order of the family court. If, aftercalculating support based upon court established formula and guidelines, thecourt, in its discretion, finds the proposed order would be inequitable to thechild or either parent, the court shall make findings of fact and shall ordereither or both parents owing a duty of support to pay an amount reasonable ornecessary for the child's support after considering all relevant factors,including, but not limited to:
(1) The financial resources of the child;
(2) The financial resources of the custodial parent;
(3) The standard of living the child would have enjoyed hadthe marriage not been dissolved;
(4) The physical and emotional condition of the child and hisor her educational needs; and
(5) The financial resources and needs of the non-custodialparent.
(b) If it deems necessary or advisable, the court may orderchild support and education costs for children attending high school at thetime of their eighteenth (18th) birthday and for ninety (90) days aftergraduation, but in no case beyond their nineteenth (19th) birthday. Inaddition, the court may order the support of a child with a severe physical ormental impairment to continue until the twenty-first (21st) birthday of thechild.
(c) After a decree for support has been entered and upon thepetition of either party, the court may review and alter its decree relative tothe amount and payment of support. If the court finds that a substantial changein circumstances has occurred, the decree may be made retroactive to the datethat notice of a petition to modify was given to the adverse party. In such acase the court shall set forth in its decision the specific findings of factwhich show a substantial change in circumstances and why the decree should bemade retroactive.
(d) Any order for child support issued by the family courtshall contain a provision requiring either or both parents owing a duty ofsupport to a child to obtain health insurance coverage for the child when suchcoverage is available to the parent or parents through their employment withoutcost or at a reasonable cost. "Reasonable cost" shall be defined in accordancewith guidelines adopted by administrative order of the family court inconjunction with the child support guidelines.
(e) Any existing child support orders may be modified inaccordance with this section unless the court makes specific written findingsof fact that take into consideration the best interests of the child andconclude that a child support order or medical order would be unjust orinappropriate in a particular case.
(f) In addition, the national medical support notice shall beissued with respect to all orders issued, enforced, or modified on or afterOctober 1, 2002, in accordance with chapter 29 of this title. The notice shallinform the employer of provisions in the child support order for health carecoverage for the child and of the method to implement this coverage. In lieu ofthe court ordering the non-custodial parent to obtain or maintain health carecoverage for the child, the court may order the non-custodial parent tocontribute a weekly cash amount towards the medical premium for health carecoverage paid by the state of Rhode Island and/or the custodial parent. Themethod to determine a reasonable weekly amount shall be addressed in a familycourt administrative order pertaining to the child support guidelines.
(g) All support orders established or modified in the stateon or after October 1, 1998, shall be recorded with the Rhode Island familycourt/department of administration, division of taxation child support computerenforcement system. The system maintains the official registry of supportorders entered in accordance with applicable administrative orders issued bythe Rhode Island family court.
(h) In any subsequent child support enforcement actionbetween the parties, upon sufficient showing that a diligent effort has beenmade to ascertain the location of such a party, the court may allow for noticeand service of process to be made by first class mail or by service of writtennotice to the most recent residential or employer address of record, asspecified in the Rhode Island rules of procedure for domestic relations for theFamily Court of Rhode Island.
(i) The department of children, youth, and families shall notseek child support for services to the child which are special educationservices as defined under state and federal law and pursuant to the regulationsof the board of regents for elementary and secondary education governing thespecial education of students with disabilities, section two, I., 1.0-4.11 and34 C.F.R. Part 300.
§ 15-9-1 Duty of parent to pay support andmaintenance to the agency or person having custody of the child. – (a) Whenever the department of children, youth and families shall pay for thesupport and maintenance of any child pursuant to §§ 42-72-13 and42-72-14, or whenever another department, agency, society, institution, orperson having the charge, care, or custody of a child shall pay for the supportand maintenance of the child, the court shall order either or both parentsowing a duty of support to a child to pay an amount based upon a formula andguidelines adopted by an administrative order of the family court. If, aftercalculating support based upon court established formula and guidelines, thecourt, in its discretion, finds the proposed order would be inequitable to thechild or either parent, the court shall make findings of fact and shall ordereither or both parents owing a duty of support to pay an amount reasonable ornecessary for the child's support after considering all relevant factors,including, but not limited to:
(1) The financial resources of the child;
(2) The financial resources of the custodial parent;
(3) The standard of living the child would have enjoyed hadthe marriage not been dissolved;
(4) The physical and emotional condition of the child and hisor her educational needs; and
(5) The financial resources and needs of the non-custodialparent.
(b) If it deems necessary or advisable, the court may orderchild support and education costs for children attending high school at thetime of their eighteenth (18th) birthday and for ninety (90) days aftergraduation, but in no case beyond their nineteenth (19th) birthday. Inaddition, the court may order the support of a child with a severe physical ormental impairment to continue until the twenty-first (21st) birthday of thechild.
(c) After a decree for support has been entered and upon thepetition of either party, the court may review and alter its decree relative tothe amount and payment of support. If the court finds that a substantial changein circumstances has occurred, the decree may be made retroactive to the datethat notice of a petition to modify was given to the adverse party. In such acase the court shall set forth in its decision the specific findings of factwhich show a substantial change in circumstances and why the decree should bemade retroactive.
(d) Any order for child support issued by the family courtshall contain a provision requiring either or both parents owing a duty ofsupport to a child to obtain health insurance coverage for the child when suchcoverage is available to the parent or parents through their employment withoutcost or at a reasonable cost. "Reasonable cost" shall be defined in accordancewith guidelines adopted by administrative order of the family court inconjunction with the child support guidelines.
(e) Any existing child support orders may be modified inaccordance with this section unless the court makes specific written findingsof fact that take into consideration the best interests of the child andconclude that a child support order or medical order would be unjust orinappropriate in a particular case.
(f) In addition, the national medical support notice shall beissued with respect to all orders issued, enforced, or modified on or afterOctober 1, 2002, in accordance with chapter 29 of this title. The notice shallinform the employer of provisions in the child support order for health carecoverage for the child and of the method to implement this coverage. In lieu ofthe court ordering the non-custodial parent to obtain or maintain health carecoverage for the child, the court may order the non-custodial parent tocontribute a weekly cash amount towards the medical premium for health carecoverage paid by the state of Rhode Island and/or the custodial parent. Themethod to determine a reasonable weekly amount shall be addressed in a familycourt administrative order pertaining to the child support guidelines.
(g) All support orders established or modified in the stateon or after October 1, 1998, shall be recorded with the Rhode Island familycourt/department of administration, division of taxation child support computerenforcement system. The system maintains the official registry of supportorders entered in accordance with applicable administrative orders issued bythe Rhode Island family court.
(h) In any subsequent child support enforcement actionbetween the parties, upon sufficient showing that a diligent effort has beenmade to ascertain the location of such a party, the court may allow for noticeand service of process to be made by first class mail or by service of writtennotice to the most recent residential or employer address of record, asspecified in the Rhode Island rules of procedure for domestic relations for theFamily Court of Rhode Island.
(i) The department of children, youth, and families shall notseek child support for services to the child which are special educationservices as defined under state and federal law and pursuant to the regulationsof the board of regents for elementary and secondary education governing thespecial education of students with disabilities, section two, I., 1.0-4.11 and34 C.F.R. Part 300.
