1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s). |
Eighteen (18) years of age, if the child is still in high school the order will continue, but no longer then the age of nineteen (19)
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2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary. |
No automatic termination, however, case law provides that the court loses the authority to order support beyond the jurisdiction set for in statute. See Adam v. Adam, 634A2d10933 (RI 1963)
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3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe. |
No
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4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe. |
Yes, the Court may order child support and education costs for children attending high school at the time of their 18th birthdate and for 90 days after graduation, but in no case beyond the age of 19, unless the child has severe physical or mental impairment still living with or under the care of a parent. See Section 15-5-16.2(b).
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5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe. |
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6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent? |
It is possible based on case law.
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7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe. |
No
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8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances. |
Yes
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1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)? |
Income shares model
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2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation. |
Yes, 1% per month on the unpaid principle balance. Also, the Court may relieve an individual of the obligation to interest upon showing good cause per Section 15-5-16.5 of RIGL
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3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
Yes, 1% per month on unpaid balance
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4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
Yes, 1% per month on unpaid principle balance, however, the Court may relieve an individual of the obligation to pay interest upon a showing of good cause. Also no interest is charged on past education and necessary support arising from a paternity action under Section 15-8-4 of RIGL
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5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
Yes, if provided in a court order. Proper prior notice to the obligor of the medical debt in the form of bills and evidence of payment. Proof of notice followed by a refusal or non-payment.
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6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments? |
Yes
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6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain. |
If the custodial parent receives TANF they must cooperate with the IV-D agency to address support and medical in a court order, if the case is Medicaid only the custodial parent may opt to only have medical addressed in the order.
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7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases? |
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8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit? |
Yes
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9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
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1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
No
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2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
97% conclusive presumption
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3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
See Section 15-8-11 Rhode Island General Laws.
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4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
Yes, A party would need to file with Rhode Island Family court, standard of evidence is clear and convincing.
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5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
No, rebuttable presumption may be rebutted by a court decree. RI General Laws 15-8.1-301, 15-8.1-307 and 15-8.1-308
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6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
Yes, see Section 15-8-3, Rhode Island General Laws.
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7. What, if any, is the agency name and link for your state's putative fathers' registry? |
No agency
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8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies? |
Birth records from the state's vital records office. State agency does not pay a fee.
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9. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
No fee for any State agency.
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9.1. Describe any circumstances under which these fees may be waived? |
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10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect. |
Yes. In case law from 1926 to date, standard reman the same. For there to exist a common-law marriage the court must; 1)find a capacity to marry;2) Evidence that both parties intended to enter into a spousal relationship;3)Conduct of the parties must be such that it would lead the community to believe they were married;4)Elements of intent and belief are demonstrated by inference from cohabitation; declarations, reputation among kindred and friends; and other competent circumstantial evidence.
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11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard. |
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12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child? |
One intergovernmental packet with separate Declaration in Support of Establishing Parentage forms for each child.
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1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
Judicial
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1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures. |
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1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
All circumstances.
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2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
Custodial parent if there is a legal duty of support. Financial resources of child may be considered by Court. A new spouse, only, if they have a child in common and the obligor is to be given a credit for support that child.
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2.1. What documentation is required as proof/evidence of this information? |
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3. What criteria for rebutting your presumptive guidelines have been established in your state? |
The Court has the discretion to deviate from the guidelines. No set criteria.
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4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
RI will establish past liabilities in a paternity establishment action. RI will enter an order retroactive if there is a pending motion/complaint/petition for support and the obligor had notice under court rules. In paternity cases, six (6) years prior to the filing of the paternity complaint. Also, may
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
Proof of income for six (6) years and all bills for above.
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4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
No
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4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
Six (6) years prior; only in paternity cases. In support-only actions, only to the date of service on the obligor.
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5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
No
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5.1. What about when public assistance is not being expended? |
No
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6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
Establishment
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7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe. |
No
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1. What are specific sources of income not subject to withholding? |
Veterans benefits, SSI and any income exempted by federal law.
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2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
Yes
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2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA? |
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2.2. What are the withholding limits for non-employees? |
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3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii). |
Two (2) dollars per withholding.
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4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
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5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
Upon receipt
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5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
Seven (7) days
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6. When must an employer remit amounts withheld from an employee's pay? |
Payment must be remitted with in seven (7) days of the date the income was paid or payable to the obligor.
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7. What are your state's sanctions for employers for not implementing income withholding? |
Court action/contempt.
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7.1. What are the penalties to an employer for failure to remit payments withheld? |
Personally liable for the amount of income, costs, interest and attorneys fees.
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8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents. |
No
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8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
A UIFSA registration packet is required.
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9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents. |
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9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents. |
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10. How does a noncustodial parent contest an income withholding in your state? |
The obligor must contest in writing to Court within fourteen (14) days of mailing of notice of income withholding. See Section 15-16-5 RIGL
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11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
First come, first serve priority. The employer would have to follow the federal Consumer Credit Protection Act.
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12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums? |
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13. When does your state require the employer to send notice of an employee's termination? |
Yes, within thirty (30) days.
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14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate. |
Federal distribution rules are applied.
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1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
CSLN, FIDM, and lottery are all automated.
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2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
Transmittal #1 and a petition.
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3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
After the first 30 days of non payment a notice is sent to the NCP, if after the following 30 days the NCP does not respond the case is reported to the credit bureaus.
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4. To which credit bureaus does your state report a noncustodial parent's child support information? |
Equifax, Trans Union and TRW
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5. Is the method for credit bureau reporting judicial, administrative, or both? |
Administrative
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6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
Yes, OCSS has access to e-Oscar. The NCP would provide information that would justify the removal
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7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
Yes
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8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
No
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9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
No, OCSS works with CSLN for insurance matches.
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10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
No, OCSS works with CSLN for insurance matches.
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11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount? |
Yes
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12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount? |
No
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13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial? |
Yes
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14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
Administrative
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15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
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16. Is the financial institution attachment process in your state centralized and/or automated? |
Automated
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17. What are the criteria to attach an account in a financial institution in your state? |
Arrears of at least $500.00
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18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
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19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
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20. Does your state's income withholding definition include amounts in financial institutions? |
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21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
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22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
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23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
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24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
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25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment? |
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26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
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28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
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29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
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30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
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31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
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32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
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33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
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34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
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35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
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36. What are the criteria for initiating/filing a lien in your state? |
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37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
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38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe. |
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39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination. |
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40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
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40.1. If yes, is this enforcement judicial, administrative, or both? |
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41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
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42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
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1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
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2. What is your state's modification procedure? Briefly describe. |
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3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
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4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
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4.2. The earnings of the custodial parent have substantially increased or decreased. |
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4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
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4.4. The cost of living has changed. |
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4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
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4.6. There has been a substantial change in childcare expenses. |
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4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
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5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
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6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
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