§ 33-11-51 Survival of child supportobligations – Enforcement of claims – Child support public policy.– (a) It is the public policy of the state of Rhode Island that dependentchildren shall be maintained and supported, as completely as possible, from theresources of their parents thereby relieving or avoiding, to the fullestextent, the burden borne by the citizens of the state.
(b) In furtherance of said policy and not withstanding anyconflicting statute or prior case law, it is declared that a parent's legallyenforceable obligation to pay child support, past and future:
(1) Continues until the child's eighteenth (18th) birthday orsuch later date or event set forth in the family court's decree of childsupport;
(2) Is not extinguished by but survives the parent's death;
(3) Is enforceable as a priority creditor's claim from thedeceased parent's probate estate;
(4) Is enforceable by imposition of a constructive trust overthe deceased parent's non- probate assets by equity petition in the superiorcourt to the extent of any deficiency from the deceased parent's probate estate;
(5) Takes precedence over and must be satisfied prior to anydistribution of the deceased parent's probate assets by intestacy or by will;and
(6) Cannot be nullified by disinheriting the child, however,a parent may exercise testamentary discretion and disinherit a child subject tothe prior satisfaction of all his or her child support obligations, accrued andfuture.
(c) The family court may modify child support obligationsonly for a substantial change in circumstances while the child is a minor andthe parent with the obligation to support the child is alive. After saidparent's death, the probate or superior court, as the case may be, shall hearand determine the child's claim and may award:
(1) Delinquent and/or accrued child support to the date ofthe parent's death, with interest therein at the statutory rate; and
(2) Future or prospective child support until the child'seighteenth (18th) birthday or such later date or event set forth in the familycourt's decree of child support, offset by social security benefits payable toor for the child by reason of the parent's death, and discounted to presentvalue.
§ 33-11-51 Survival of child supportobligations – Enforcement of claims – Child support public policy.– (a) It is the public policy of the state of Rhode Island that dependentchildren shall be maintained and supported, as completely as possible, from theresources of their parents thereby relieving or avoiding, to the fullestextent, the burden borne by the citizens of the state.
(b) In furtherance of said policy and not withstanding anyconflicting statute or prior case law, it is declared that a parent's legallyenforceable obligation to pay child support, past and future:
(1) Continues until the child's eighteenth (18th) birthday orsuch later date or event set forth in the family court's decree of childsupport;
(2) Is not extinguished by but survives the parent's death;
(3) Is enforceable as a priority creditor's claim from thedeceased parent's probate estate;
(4) Is enforceable by imposition of a constructive trust overthe deceased parent's non- probate assets by equity petition in the superiorcourt to the extent of any deficiency from the deceased parent's probate estate;
(5) Takes precedence over and must be satisfied prior to anydistribution of the deceased parent's probate assets by intestacy or by will;and
(6) Cannot be nullified by disinheriting the child, however,a parent may exercise testamentary discretion and disinherit a child subject tothe prior satisfaction of all his or her child support obligations, accrued andfuture.
(c) The family court may modify child support obligationsonly for a substantial change in circumstances while the child is a minor andthe parent with the obligation to support the child is alive. After saidparent's death, the probate or superior court, as the case may be, shall hearand determine the child's claim and may award:
(1) Delinquent and/or accrued child support to the date ofthe parent's death, with interest therein at the statutory rate; and
(2) Future or prospective child support until the child'seighteenth (18th) birthday or such later date or event set forth in the familycourt's decree of child support, offset by social security benefits payable toor for the child by reason of the parent's death, and discounted to presentvalue.
§ 33-11-51 Survival of child supportobligations – Enforcement of claims – Child support public policy.– (a) It is the public policy of the state of Rhode Island that dependentchildren shall be maintained and supported, as completely as possible, from theresources of their parents thereby relieving or avoiding, to the fullestextent, the burden borne by the citizens of the state.
(b) In furtherance of said policy and not withstanding anyconflicting statute or prior case law, it is declared that a parent's legallyenforceable obligation to pay child support, past and future:
(1) Continues until the child's eighteenth (18th) birthday orsuch later date or event set forth in the family court's decree of childsupport;
(2) Is not extinguished by but survives the parent's death;
(3) Is enforceable as a priority creditor's claim from thedeceased parent's probate estate;
(4) Is enforceable by imposition of a constructive trust overthe deceased parent's non- probate assets by equity petition in the superiorcourt to the extent of any deficiency from the deceased parent's probate estate;
(5) Takes precedence over and must be satisfied prior to anydistribution of the deceased parent's probate assets by intestacy or by will;and
(6) Cannot be nullified by disinheriting the child, however,a parent may exercise testamentary discretion and disinherit a child subject tothe prior satisfaction of all his or her child support obligations, accrued andfuture.
(c) The family court may modify child support obligationsonly for a substantial change in circumstances while the child is a minor andthe parent with the obligation to support the child is alive. After saidparent's death, the probate or superior court, as the case may be, shall hearand determine the child's claim and may award:
(1) Delinquent and/or accrued child support to the date ofthe parent's death, with interest therein at the statutory rate; and
(2) Future or prospective child support until the child'seighteenth (18th) birthday or such later date or event set forth in the familycourt's decree of child support, offset by social security benefits payable toor for the child by reason of the parent's death, and discounted to presentvalue.
