R.I. Government Agencies | Privacy Policy |
Information Packet (PDF)
The Rhode Island Office of Child Support Services refers non-custodial parents who are unemployed or underemployed to the Department of Labor and Training for job training and placement. Non-custodial parents, the large majority of whom are fathers, may request these services of a child support agent. Alternatively, the Rhode Island Family Court may, as part of a Court order, refer the non-custodial parent. Many times fathers are referred when they are before the Court on a Motion to Adjudge in Contempt for failure to pay or a Motion to Modify their child support order because of a loss of employment or reduction in wages. If the Court refers the father for employment, there is typically a continuance date to return to court so that the Court may receive a report of progress from the Department of Labor and Training.
The Department of Labor and Training will conduct a comprehensive review of the father's qualifications and education and determine the best course of action to take to secure gainful long-term employment. The father must cooperate fully by attending all appointments, training sessions, interviews and court dates to qualify. Many times the Motion to Adjudge in Contempt will not be pursued and the Court may grant other types of relief if the father cooperates with the program. Our only interest is to assist the fathers in gaining full-time employment so that appropriate consistent child support payments can be made for the financial well being of the child.
If the father has been placed under a child support or medical order, and becomes unemployed or otherwise is receiving no other income or benefits, or he becomes underemployed, the Office of Child Support Services can assist in filing a Motion to Modify. Legal counsel for the Office of Child Support Services does not legally represent either party. The non-custodial parent is the State of Rhode Island. The father is entitled to relief only as of the date of notice of the motion. The Court is prohibited, by law, from giving the father retroactive relief back to the date of unemployment. Accordingly, it is very important that the Motion be filed immediately upon termination from employment or when the benefits stop. If the father wishes to file a Motion on his own, there is pro se information available on this website that will be helpful in the process. As an alternative, there are forms available at Court to file. A hearing date will be assigned. Once before the Court, the father must present the reasons he is seeking a modification or suspension of his order. The Court will calculate a new order based upon the Child Support Guidelines.
The Office of Child Support Services, in conjunction with the Department of Health, Office of Vital Records has a voluntary acknowledgment program in the seven (7) birthing hospitals in RI. Medical Records staff have been trained to answer questions and complete the "Affidavit of Paternity Form". There is a training manual available in each for staff to refer to. A videotape entitled "Power of Two" is shown to the parents as well as pamphlets distributed with answers to commonly asked questions by the mom and dad. Those pamphlets may also be accessed here. A statement of rights and responsibilities is also provided by the parents. All forms and pamphlets are available on this website. Only if the parents are absolutely certain that he is the father of the child and do not wish to have DNA testing, will the affidavit be completed. By signing the affidavit the father is acknowledging he is the father of that child and responsible to financially support that child until the child is emancipated. So it is very important that he is certain before the affidavit is completed. The father has sixty days to rescind the acknowledgement by filing a Motion to Rescind in RI Family Court. After the sixty day period is up, it is presumed that he is the father of that child. The father's name will be added to the child's birth certificate along with other identifying information. At that time the child's last name can be chosen.
If the parents do not complete the "Affidavit of Paternity" at the hospital, they can make an appointment at the Office of Vital Records or at the Child Support Office to view the videotape, read the pamphlets, review the Rights and Responsibilities Statement and sign the "Affidavit of Paternity". The child's last name cannot be changed unless the Court orders Vital Records to amend the birth certificate. In the alternative, the parties may file a Petition to Voluntarily Acknowledge with the RI Family Court.
The Office of Child Support Services staff provides outreach to incarcerated fathers through pamphlets, videos and group presentations on the above services that are offered to all fathers. Representatives assist fathers is acknowledging paternity, filing a motion to modify the child support order, responding to enforcement notices and referring inmates to the Department of Labor and Training prior to discharge. Training and presentations are also provided to discharge planners so that they are equipped to respond to child support issues. Upon intake an inmate is asked to complete a child support questionnaire to determine if there is a case pending and what if any services the inmate may need. Again, legal counsel for the Office of Child Support Services cannot legally represent the inmate.
The law in RI does not mandate that a child support order be suspended automatically upon incarceration. The Court may find that incarceration was the result of a voluntary act on the part of the non-custodial parent and may decide not to reward this type of behavior. On the other hand, based upon the circumstances of the case, for example long-term incarceration without the possibility of parole and no other assets available, the Court may be convinced that it is best to suspend that order. It is still important that the motion be filed so that the Judge can hear all of the issues and issue an order which may prevent some enforcement measures.
The Office of Child Support Services has prepared a curriculum for teachers and educators to present to young fathers and mothers teaching the responsibility of being a parent. The curriculum contains hypothetical cases, true and false statements, common myths, pre and post tests, role-playing scenarios, newspaper articles and other informational exercises and assignments focusing on the financial and emotional support of a young child. The curriculum was designed primarily for high school students but can be used for other age groups as well as in other settings. It is designed for a one to two hour class session that puts the legal issues in terms a young adult can identify with. The goal of the Office of Child Support Services is to have this class presented in every high school and middle school in Rhode Island so that a young adult is aware of the legal, financial and emotional responsibilities of having a child.