§ 42-61-7.1. Payment of prizes in excess of six hundred dollars ($600) — Setoff for child support
debts and benefit of overpayments.
Notwithstanding the provisions of § 42-61-7 relating to assignment of prizes, the following setoff provisions shall apply to
the payment of any prizes or winning ticket in excess of six hundred dollars ($600).
(1) With respect to a person entitled to receive the prize or winning ticket who has an
unpaid child support order(s) arrearage(s) in excess of five hundred ($500), as provided
by the department pursuant to subsection (3) of this section, or owes any sum in excess
of five hundred dollars ($500) for benefit overpayments and interest to the department
of labor and training determined to be recoverable under the provisions of chapters
39 — 44 of title 28, the lottery director:
(i) Shall set off against the amount due to that person after state and federal tax withholding
an amount up to the balance of the child support arrearage(s), and benefit overpayments
and interest owed to the department of labor and training, and the director shall
make payment of this amount directly to the Rhode Island family court in the case
of child support arrearage(s) which shall deposit the amount set off into the registry
of the family court for a period of forty-five (45) days, or if an application for
review has been filed pursuant to § 27-57-1(d), until final disposition of the application until further order of the court and
in the case of benefit overpayments and interest owed the director shall transfer
the amounts owed to the department of labor and training; and
(ii) Shall pay to this person the remaining balance of the prize or winning ticket amount,
if any, after reduction of the amount set off above for child support and benefit
overpayments and interest owed. If any instance, the lottery director has received
notice from more than one claimant agency, the claim for child support arrearage(s)
by the department of human services shall receive first priority and the claim for
benefit overpayments and interest owed by the department of labor and training the
second priority.
(2) The director shall be discharged of all further liability upon payment of a prize
or winning ticket pursuant to this section.
(3) The department of human services shall periodically within each year furnish the director
with a list or compilation of names of individuals, together with any other identifying
information and in a form that the director shall require, who as of the date of the
list or compilation, have an unpaid child support order arrearage in excess of five
hundred dollars ($500) as shown on the Rhode Island family court degrees department
of human services child support enforcement computer system ("CSE system�). For the
purposes of this section, the terms used in this section shall be given the meaning
and definitions specified in § 15-16-2.
(4) Any party aggrieved by any action taken under this section may within thirty (30)
days of the withholding of the payment by the lottery director seek judicial review
in the family court, in the case of withholding for child support or in the district
court in the case of benefit overpayments and interest owed, which may, in its discretion,
issue a temporary order prohibiting the disbursement of funds under this section,
pending final adjudication.
(5) The department of labor and training shall periodically within each year furnish the
director with a list or compilation of names of individuals, together with any identifying
information and in any form that the director requires, who as to the date of the
list or compilation, have unpaid benefit overpayments and interest in excess of five
hundred dollars ($500) determined to be recoverable under the provisions of chapters
39 — 44 of title 28.
[See § 12-1-15 of the General Laws.]