State Codes and Statutes

Statutes > Rhode-island > Title-28 > Chapter-28-44 > 28-44-58-1

SECTION 28-44-58.1

   § 28-44-58.1  Child support intercept ofbenefits. – (a) An individual filing a new claim for benefits shall, at the time of filingthe claim, disclose whether or not he or she owes child support obligations asdefined under subsection (g) of this section. If any individual discloses thathe or she owes child support obligations, and is determined to be eligible forbenefits, the director shall notify the department of human services, bureau offamily support that the individual has been determined to be eligible forbenefits.

   (b) Notwithstanding any provision of this title to thecontrary, the director shall deduct and withhold from any compensation payableto an individual that owes child support obligations as defined undersubsection (g) of this section:

   (1) The amount specified by the individual to the director tobe deducted and withheld under this subsection, if neither subdivision (2) nor(3) of this subsection is applicable; or

   (2) The amount determined pursuant to an agreement submittedto the director under 42 U.S.C. § 454(20)(B)(i) by the department of humanservices, bureau of family support, unless subdivision (3) of this subsectionis applicable; or

   (3) Any amount otherwise required to be deducted and withheldfrom the benefits pursuant to legal process, as that term is defined in 42U.S.C. § 462(e), properly served upon the director.

   (c) Any amount deducted and withheld under subsection (b) ofthis section shall be paid by the director to the department of human services,bureau of family support.

   (d) Any amount deducted and withheld under subsection (b) ofthis section shall for all purposes be treated as if it were paid to theindividual as benefits under chapters 42 – 44 of this title and paid bythat individual to the department of human services, bureau of family supportin satisfaction of the individual's child support obligations.

   (e) For purposes of subsections (a) through (d) of thissection, "benefits" means any compensation payable under this chapter,including amounts payable by the director pursuant to an agreement under anyfederal law providing for compensation, assistance, or allowances with respectto unemployment.

   (f) This section applies only if appropriate arrangementshave been made for reimbursement by the department of human services, bureau offamily support for the administrative costs incurred by the director under thissection which are attributable to child support obligations being enforced bythe department of human services, bureau of family support.

   (g) "Child support obligations" is defined for purposes ofthis section as including only obligations which are being enforced pursuant toa plan described in 42 U.S.C. § 454 which has been approved by theSecretary of Health and Human Services under Part D of Title IV of the SocialSecurity Act, 42 U.S.C. § 651 et seq.

   (h) Upon receipt of funds paid by the director undersubsection (c) of this section, the department of human services, bureau offamily support shall deposit and hold those funds in an escrow account untilcredit to the individual's child support obligation is made.

State Codes and Statutes

Statutes > Rhode-island > Title-28 > Chapter-28-44 > 28-44-58-1

SECTION 28-44-58.1

   § 28-44-58.1  Child support intercept ofbenefits. – (a) An individual filing a new claim for benefits shall, at the time of filingthe claim, disclose whether or not he or she owes child support obligations asdefined under subsection (g) of this section. If any individual discloses thathe or she owes child support obligations, and is determined to be eligible forbenefits, the director shall notify the department of human services, bureau offamily support that the individual has been determined to be eligible forbenefits.

   (b) Notwithstanding any provision of this title to thecontrary, the director shall deduct and withhold from any compensation payableto an individual that owes child support obligations as defined undersubsection (g) of this section:

   (1) The amount specified by the individual to the director tobe deducted and withheld under this subsection, if neither subdivision (2) nor(3) of this subsection is applicable; or

   (2) The amount determined pursuant to an agreement submittedto the director under 42 U.S.C. § 454(20)(B)(i) by the department of humanservices, bureau of family support, unless subdivision (3) of this subsectionis applicable; or

   (3) Any amount otherwise required to be deducted and withheldfrom the benefits pursuant to legal process, as that term is defined in 42U.S.C. § 462(e), properly served upon the director.

   (c) Any amount deducted and withheld under subsection (b) ofthis section shall be paid by the director to the department of human services,bureau of family support.

   (d) Any amount deducted and withheld under subsection (b) ofthis section shall for all purposes be treated as if it were paid to theindividual as benefits under chapters 42 – 44 of this title and paid bythat individual to the department of human services, bureau of family supportin satisfaction of the individual's child support obligations.

   (e) For purposes of subsections (a) through (d) of thissection, "benefits" means any compensation payable under this chapter,including amounts payable by the director pursuant to an agreement under anyfederal law providing for compensation, assistance, or allowances with respectto unemployment.

   (f) This section applies only if appropriate arrangementshave been made for reimbursement by the department of human services, bureau offamily support for the administrative costs incurred by the director under thissection which are attributable to child support obligations being enforced bythe department of human services, bureau of family support.

   (g) "Child support obligations" is defined for purposes ofthis section as including only obligations which are being enforced pursuant toa plan described in 42 U.S.C. § 454 which has been approved by theSecretary of Health and Human Services under Part D of Title IV of the SocialSecurity Act, 42 U.S.C. § 651 et seq.

   (h) Upon receipt of funds paid by the director undersubsection (c) of this section, the department of human services, bureau offamily support shall deposit and hold those funds in an escrow account untilcredit to the individual's child support obligation is made.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-28 > Chapter-28-44 > 28-44-58-1

SECTION 28-44-58.1

   § 28-44-58.1  Child support intercept ofbenefits. – (a) An individual filing a new claim for benefits shall, at the time of filingthe claim, disclose whether or not he or she owes child support obligations asdefined under subsection (g) of this section. If any individual discloses thathe or she owes child support obligations, and is determined to be eligible forbenefits, the director shall notify the department of human services, bureau offamily support that the individual has been determined to be eligible forbenefits.

   (b) Notwithstanding any provision of this title to thecontrary, the director shall deduct and withhold from any compensation payableto an individual that owes child support obligations as defined undersubsection (g) of this section:

   (1) The amount specified by the individual to the director tobe deducted and withheld under this subsection, if neither subdivision (2) nor(3) of this subsection is applicable; or

   (2) The amount determined pursuant to an agreement submittedto the director under 42 U.S.C. § 454(20)(B)(i) by the department of humanservices, bureau of family support, unless subdivision (3) of this subsectionis applicable; or

   (3) Any amount otherwise required to be deducted and withheldfrom the benefits pursuant to legal process, as that term is defined in 42U.S.C. § 462(e), properly served upon the director.

   (c) Any amount deducted and withheld under subsection (b) ofthis section shall be paid by the director to the department of human services,bureau of family support.

   (d) Any amount deducted and withheld under subsection (b) ofthis section shall for all purposes be treated as if it were paid to theindividual as benefits under chapters 42 – 44 of this title and paid bythat individual to the department of human services, bureau of family supportin satisfaction of the individual's child support obligations.

   (e) For purposes of subsections (a) through (d) of thissection, "benefits" means any compensation payable under this chapter,including amounts payable by the director pursuant to an agreement under anyfederal law providing for compensation, assistance, or allowances with respectto unemployment.

   (f) This section applies only if appropriate arrangementshave been made for reimbursement by the department of human services, bureau offamily support for the administrative costs incurred by the director under thissection which are attributable to child support obligations being enforced bythe department of human services, bureau of family support.

   (g) "Child support obligations" is defined for purposes ofthis section as including only obligations which are being enforced pursuant toa plan described in 42 U.S.C. § 454 which has been approved by theSecretary of Health and Human Services under Part D of Title IV of the SocialSecurity Act, 42 U.S.C. § 651 et seq.

   (h) Upon receipt of funds paid by the director undersubsection (c) of this section, the department of human services, bureau offamily support shall deposit and hold those funds in an escrow account untilcredit to the individual's child support obligation is made.