Enforcement Methods
Once a child support order is established, it continues in full force and effect until it is modified
or suspended by the Rhode Island Family Court.
Non-custodial parents often make the mistake of not filing a motion to modify or suspend
a court order when their situation has changed from the time the order was first entered.
The order continues to run causing arrears (amount overdue) to accumulate and enforcement measures to take place.
All enforcement takes place in a computer generated automated way when a certain
dollar amount is met or upon a certain event, this means that custodial parents do
not need to contact the child support agency to request enforcement of a past due order.
It takes place automatically.
The Enforcement Action page will display the type of enforcement action taken and the date when
the action was taken.
The following are the enforcement tools that the Office of Child Support Services has available:
Bank Lien
The Office of Child Support Services will report a non-custodial parent who owes the sum
of $500.00 or more to participating banks to match against their records. The banks will provide
the information about the savings or checking account and the agency will place a lien
on that account in accordance with the lien procedure.
Bank liens are not case specific, the bank lien will appear on all cases that a Custodial
or non-custodial parent has.
Insurance Liens
The "Insurance Intercept Act" provides that any insurance company making a settlement of
any claim of $3,000 or more, must look up the case on the Rhode Island Website to determine
if the non-custodial parent is on the list of parents who owe past due support in the amount
of $500 or more. If the claimant is on the list, the insurance company must pay the Rhode
Island Family Court the insurance proceeds up the amount of past due child support.
The non-custodial parent is notified of the payment to Rhode Island Family Court and of his/her right
to request a hearing within thirty (30) days. The payment is held at Rhode Island Family Court
for a period of forty-five (45) days. If the non-custodial parent does not challenge the hold,
the funds are distributed to the custodial parent and/or the state. The insurance company may
pay attorney's fees and medical bills before payment to the Rhode Island Family Court.
Insurance liens are not case specific, the insurance lien will appear on all cases that a Custodial
or Non-custodial parent has.
Real Property Liens
The Office of Child Support Services may send written notice of an intent to lien personal
or real property of the Non-custodial parent for past due support. There is no minimum amount
of past due support which is required for the administrative lien process. The lien includes
any unpaid child support that may accrue in the future. The non-custodial parent may request
an administrative hearing within thirty (30) days of receipt of the notice to contest the
procedure. If the non-custodial parent does not request a hearing, or requests a hearing and
does not appear for the hearing or does not pay the child support due and thirty (30) days
past, the agency will file a notice of lien followed by a levy which means the agency can take
the funds from a savings or checking account or levy on an insurance settlement or foreclose
on real property up to the amount of child support due and owing.
Real Property Liens are not case specific, the real property lien will appear on all cases
that a custodial or non-custodial parent has.
Passport Denial
All cases receiving full services from the Office of Child Support Services are entitled to
passport denial process. Persons who owe past due child support in the amount of $2,500 or
more will be sent a notice and be referred to the federal government for passport denial.
When an individual applies for a passport, the federal government denies the application
based upon the child support obligation and sends a notice explaining why the passport
application was denied. The applicant is told contact the state Office of Child Support
Services for further information. The State of Rhode Island has a zero tolerance policy.
The non-custodial parent must pay his/her arrears in full before the state Office of
Child Support Services will refer the case to the federal government to remove the individual
from the list or lift the denial.
Passport Denial are not case specific, the passport denial will appear on all cases that a Custodial
or Non-custodial parent has.
Administrative/Tax Refund Offset (Tax Refund Withheld)
The federal tax refund program collects past due child support payments from parents who have
fallen behind in FIP cases in the amount of $150.00 and non FIP cases $500.00 in child support
payments and are due a tax refund. Under this program, tax refunds owed to non-custodial parents
are intercepted and sent to the state child support program. Only cases receiving full services
under the child support program are entitled to this enforcement measure. Cases eligible for
tax refund offset are those cases that have a delinquent child support obligation and the child
was not emancipated by December 31st of that year.
Non-custodial parents will receive a notice from the state before the case is referred. The notice
will include an initial amount due which may vary from the amount actually deducted because of
payments made. The notice will also outline how to contest the amount offset. At the time of the
offset the IRS will also send a letter to the non-custodial parent stating that all or part of his
refund will be sent to the state child support office. The notice will advise the Non-custodial parent
to contact their local child support office for further information.
Usually the state where the custodial parent resides will submit the obligation for intercept. In cases
where the non-custodial parent owes a child support obligation to more than one state, each state will
submit their case for offset. The parent will receive a separate notice for each state and must contest
in each state. The first state to apply will receive the offset.
The state must first apply the offset against any past due amount due the state in full and then the
families past due amount will be paid.
If the non-custodial parent owes past due child support but files a joint return with a spouse, the
spouse may be able to request return of part of the refund due. The "injured" spouse must file a claim
form preferably at the time the joint return is filed. The state may hold the refund for a period of 6
months before distributing until the IRS has made a determination on the claim.
Administrative/Tax Refund Offset is case specific, the offset will appear on the specific case that a Custodial
or Non-custodial parent has.
Administrative Offset Program (Wages Withheld)
This enforcement tool is triggered when the non-custodial parent owes at least $25.00 and is at
least 30 days delinquent in his child support payments. The federal government will intercept
federal payments to pay past due child support before a non-custodial parent is entitled to
payments from the federal government For example: private vendors who perform federal government
work, small business loans and federal retirement benefits would be subject to intercept. Some
payments cannot be intercepted such as: veterans affairs disability benefits, federal student
loans, supplemental security income, railroad retirement benefits, and black lung benefits.
The non-custodial parent would receive a notice before the intercept occurs.
The state reports the cases to the federal government and the federal government seizes the amount
due and sends it to the state. The non-custodial parent must follow the instructions on the notice
for relief from the local Office of Child Support Services.
Administrative Wage Withholding is case specific, the withholding will appear on the specific case that a custodial
or non-custodial parent has.
Drivers License Suspension
The Office of Child Support Services will serve notice upon a non-custodial parent who owes
ninety (90) days’ worth of child support payments of the agencies intention to submit
his/her name for license revocation or suspension. Again, like all other enforcement measures
this procedure is automated for full service cases. The custodial parent need not call the
child support office to request this service. License refers to a driver's license, professional,
business or occupational license. When the non-custodial parent receives the notice he/she may
request a hearing at the Rhode Island Family Court within twenty (20) days. The court may grant
a "stay" or stop the license suspension. Upon receiving the notice the non-custodial parent may
pay all past due child support or enter into a written payment agreement with the agency to
avoid the suspension.
If the non-custodial parent does not take the above actions and the twenty (20) day time frame
elapses he/she will be referred to the Division of Motor Vehicles for license suspension.
License Suspension is not case specific, the license suspension holding will appear on all cases
that a custodial or non-custodial parent has.
Credit Bureau Reporting
The Office of Child Support Services shall provide information regarding the amount
of overdue support to consumer reporting agencies. The non-custodial parent is provided
written notice ten (10 ) days prior to the release of information to allow him/her an
opportunity to contest. A hearing will be held by Office of Child Support Services to
determine whether the child support is past due.
Credit Bureau Reporting is case specific, the reporting will appear on the specific case
that a custodial or non-custodial parent has.
Get more information?
For Office of Child Support Services (OCSS) contact information, please click the Contact Us link located on the top of the page.