§ 15-13-3.1 - Enforcement procedures.
SECTION 15-13-3.1
§ 15-13-3.1 Enforcement procedures. –(a) In any proceeding brought for failure to make support payments as orderedby the court, upon a showing that the payments are more than forty-five (45)days overdue, the family court may grant an order directing that an executionissue against the wages, debts, earnings, salary, income from trust funds, orprofits of the parent responsible for support for the full amount of both thearrears payments and for the satisfaction of current support and maintenancepayments until further order of the family court, notwithstanding any statutorylimitation on executions issued against the wages, earnings, salary, or otherincome of the judgment debtor, and the execution shall have priority over anyother executions.
(b) No employer shall discharge an employee because his orher wages are subject to execution in accordance with this section or shalldiscriminate in hiring because of a potential execution.
(c) An employer, in remitting wages levied upon a judgment ororder of support, may make a two dollar ($2.00) deduction to defray his or herbookkeeping expenses for each paycheck levied upon out of the funds ordered forsupport.
(d) In any proceeding brought for failure to make supportpayments, upon a showing that the payments are more than forty-five (45) daysoverdue, the family court may grant an order directing that an execution issueagainst the interest of the responsible parent in and to any real estate orpersonal property within the jurisdiction of the family court whether thatinterest is held individually or jointly with others, and the execution shallhave priority over any other executions or attachments except as prescribed byapplicable federal or state statutes.
(e) The execution shall attach to all real and personalproperty of the responsible parent when it is recorded with the recorder ofdeeds for the city or town in which the real estate is located or with theappropriate office for a notice with respect to personal property. Thedepartment of administration, division of taxation, child support enforcementagency, shall not be required to pay a recording fee.
(f) Whenever an execution has been filed and there is in thepossession of any person having notice of the execution any property which maybe subject to the execution, the property shall not be paid over, released,sold, transferred, encumbered, or conveyed unless a release or waiver signed bythe director has been delivered to the person in possession or the family courthas ordered the release of the execution.
(g) Any person who fails to honor an execution shall beliable to the person entitled to receive the support payments in an amountequal to the debt, which is the basis of the execution, together with costs,interest, and reasonable attorney fees.
(h) Any judgment or order for support issuing from a court ofcompetent jurisdiction of any other state, which passes legislation similar tothis chapter and provides for reciprocity to this state, shall have the sameforce and effect as if the judgment or order originated from the Rhode Islandcourts.
(i) Interest at the rate of twelve (12%) per annum on anysupport debt due or owing may be assessed by operation of law unless theresponsible parent shall, for good cause shown, be relieved of the obligationto pay the interest by the family court.