§ 42-61-7.1 - Payment of prizes in excess of six hundred dollars ($600) – Setoff for child support debts and benefit of overpayments.
SECTION 42-61-7.1
§ 42-61-7.1 Payment of prizes in excess ofsix hundred dollars ($600) – Setoff for child support debts and benefit ofoverpayments. – Notwithstanding the provisions of § 42-61-7 relating to assignment ofprizes, the following setoff provisions shall apply to the payment of anyprizes or winning ticket in excess of six hundred dollars ($600).
(1) With respect to a person entitled to receive the prize orwinning ticket who has an unpaid child support order(s) arrearage(s) in excessof five hundred ($500), as provided by the department pursuant to §42-61-7.1(3), or owes any sum in excess of five hundred dollars ($500) forbenefit overpayments and interest to the department of labor and trainingdetermined to be recoverable under the provisions of chapters 39 – 44 oftitle 28, the lottery director:
(i) Shall set off against the amount due to that person afterstate and federal tax withholding an amount up to the balance of the childsupport arrearage(s), and benefit overpayments and interest owed to thedepartment of labor and training, and the director shall make payment of thisamount directly to the Rhode Island family court in the case of child supportarrearage(s) which shall deposit the amount set off into the registry of thefamily court for a period of forty-five (45) days, or if an application forreview has been filed pursuant to § 27-57-1(d), until final disposition ofthe application until further order of the court and in the case of benefitoverpayments and interest owed the director shall transfer the amounts owed tothe department of labor and training; and
(ii) Shall pay to this person the remaining balance of theprize or winning ticket amount, if any, after reduction of the amount set offabove for child support and benefit overpayments and interest owed. If anyinstance, the lottery director has received notice from more than one claimantagency, the claim for child support arrearage(s) by the department of humanservices shall receive first priority and the claim for benefit overpaymentsand interest owed by the department of labor and training the second priority.
(2) The director shall be discharged of all further liabilityupon payment of a prize or winning ticket pursuant to this section.
(3) The department of human services shall periodicallywithin each year furnish the director with a list or compilation of names ofindividuals, together with any other identifying information and in a form thatthe director shall require, who as of the date of the list or compilation, havean unpaid child support order arrearage in excess of five hundred dollars($500) as shown on the Rhode Island family court degrees department of humanservices child support enforcement computer system ("CSE system"). For thepurposes of this section, the terms used in this section shall be given themeaning and definitions specified in § 15-16-2.
(4) Any party aggrieved by any action taken under thissection may within thirty (30) days of the withholding of the payment by thelottery director seek judicial review in the family court, in the case ofwithholding for child support or in the district court in the case of benefitoverpayments and interest owed, which may, in its discretion, issue a temporaryorder prohibiting the disbursement of funds under this section, pending finaladjudication.
(5) The department of labor and training shall periodicallywithin each year furnish the director with a list or compilation of names ofindividuals, together with any identifying information and in any form that thedirector requires, who as to the date of the list or compilation, have unpaidbenefit overpayments and interest in excess of five hundred dollars ($500)determined to be recoverable under the provisions of chapters 39 – 44 oftitle 28.
[See § 12-1-15 of the General Laws.]