The bill amends the General Laws in Chapter 15-5, which pertains to "Divorce and Separation," by modifying the guidelines for determining child support during divorce or child support proceedings. It specifies that the court must use a formula to calculate child support but allows for adjustments if the standard calculation is deemed inequitable, considering various factors related to the child's and parents' circumstances. The bill also stipulates that incarceration should not be considered voluntary unemployment in establishing child support orders. It extends the possibility of ordering child support and education costs for children with severe impairments beyond the age of 18, up to 19, or even after emancipation if necessary. The court is authorized to appoint an attorney or guardian ad litem for the child, and the bill sets out the procedures for reviewing and altering support decrees, including the continuation of support for arrears post-emancipation and the automatic suspension of wage withholding once arrears are satisfied.

Furthermore, the bill facilitates the modification or suspension of child support orders for incarcerated noncustodial parents by allowing the department to file motions automatically, without a written request from the parent. It schedules hearings to evaluate the parent's ability to pay and provides for reassessment upon their release. The bill removes the exclusion for those serving sentences for criminal nonsupport or incarcerated for civil contempt due to failure to pay child support, but allows the court to deny motions in such cases. It also includes provisions for enforcing child and spousal support orders, such as assigning personal property to satisfy arrearages and requiring health insurance for children. The bill addresses modifications to support orders, the issuance of medical support notices, temporary support orders, community service for obligors who cannot pay past-due support, and grandparental responsibility for benefits paid to minors. It mandates the recording of all support orders and updates of personal information for enforcement purposes. The act would be effective upon passage.

Statutes affected:
7975: 15-5-16.2