§ 15-9-1. Duty of parent to pay support and maintenance to the agency or person having custody
of the child.
(a) Whenever the department of children, youth and families shall pay for the support
and maintenance of any child pursuant to §§ 42-72-13 and 42-72-14, or whenever another department, agency, society, institution, or person having the
charge, care, or custody of a child shall pay for the support and maintenance of the
child, the court shall order either or both parents owing a duty of support to a child
to pay an amount based upon a formula and guidelines adopted by an administrative
order of the family court. If, after calculating support based upon court established
formula and guidelines, the court, in its discretion, finds the proposed order would
be inequitable to the child or either parent, the court shall make findings of fact
and shall order either or both parents owing a duty of support to pay an amount reasonable
or necessary 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 had the marriage not been dissolved;
(4) The physical and emotional condition of the child and his or her educational needs;
and
(5) The financial resources and needs of the non-custodial parent.
(b) If it deems necessary or advisable, the court may order child support and education
costs for children attending high school at the time of their eighteenth (18th) birthday
and for ninety (90) days after graduation, but in no case beyond their nineteenth
(19th) birthday. In addition, the court may order the support of a child with a severe
physical or mental impairment to continue until the twenty-first (21st) birthday of
the child.
(c) After a decree for support has been entered and upon the petition of either party,
the court may review and alter its decree relative to the amount and payment of support.
If the court finds that a substantial change in circumstances has occurred, the decree
may be made retroactive to the date that notice of a petition to modify was given
to the adverse party. In such a case the court shall set forth in its decision the
specific findings of fact which show a substantial change in circumstances and why
the decree should be made retroactive.
(d) Any order for child support issued by the family court shall contain a provision requiring
either or both parents owing a duty of support to a child to obtain health insurance
coverage for the child when such coverage is available to the parent or parents through
their employment without cost or at a reasonable cost. "Reasonable cost� shall be
defined in accordance with guidelines adopted by administrative order of the family
court in conjunction with the child support guidelines.
(e) Any existing child support orders may be modified in accordance with this section
unless the court makes specific written findings of fact that take into consideration
the best interests of the child and conclude that a child support order or medical
order would be unjust or inappropriate in a particular case.
(f) In addition, the national medical support notice shall be issued with respect to all
orders issued, enforced, or modified on or after October 1, 2002, in accordance with
chapter 29 of this title. The notice shall inform the employer of provisions in the
child support order for health care coverage for the child and of the method to implement
this coverage. In lieu of the court ordering the non-custodial parent to obtain or
maintain health care coverage for the child, the court may order the non-custodial
parent to contribute a weekly cash amount towards the medical premium for health care
coverage paid by the state of Rhode Island and/or the custodial parent. The method
to determine a reasonable weekly amount shall be addressed in a family court administrative
order pertaining to the child support guidelines.
(g) All support orders established or modified in the state on or after October 1, 1998,
shall be recorded with the Rhode Island family court/department of administration,
division of taxation child support computer enforcement system. The system maintains
the official registry of support orders entered in accordance with applicable administrative
orders issued by the Rhode Island family court.
(h) In any subsequent child support enforcement action between the parties, upon sufficient
showing that a diligent effort has been made to ascertain the location of such a party,
the court may allow for notice and service of process to be made by first class mail
or by service of written notice to the most recent residential or employer address
of record, as specified in the Rhode Island rules of procedure for domestic relations
for the Family Court of Rhode Island.
(i) The department of children, youth, and families shall not seek child support for services
to the child which are special education services as defined under state and federal
law and pursuant to the regulations of the board of regents for elementary and secondary
education governing the special education of students with disabilities, section two,
I., 1.0-4.11 and 34 C.F.R. Part 300.