How Rhode Island Collects Unpaid Child Support: Wage Garnishment, License Suspension and Passport Denial
If you don’t pay child support in Rhode Island, wages can be withheld once a payment is 14 days late, 12% interest accrues, and licenses can be suspended when more than 90 days of current support is unpaid.
What happens if you don’t pay child support in Rhode Island?
An unpaid payment can trigger income withholding after 14 days, a judgment for debt that can be executed on goods and chattels, an assignment of property, license certification and more (R.I. Gen. Laws 15-16-5; 15-5-16.3). Interest at 12% is assessed unless you are relieved for good cause (15-5-16.5).
How much can Rhode Island take from my paycheck?
An income withholding order binds the employer one week after service, has priority over earlier attachments and is limited only by federal law (15-16-9): 50% or 60%, and 55% or 65% for support more than 12 weeks overdue (15 U.S.C. 1673(b)). When arrears are owed the order adds 10% of the current support (15-16-5(a)).
| If the person | Limit | If support is more than 12 weeks overdue |
|---|---|---|
| Supporting a spouse or another child | 50% | 55% |
| Not supporting a spouse or another child | 60% | 65% |
Can the arrears payment be lowered?
Yes. On the obligor’s petition the court may reduce the amount withheld toward arrears to a nominal or token amount if more withholding would work an undue hardship (15-16-5(a)(3)). Bring a budget and proof of income.
When can a license be suspended?
The tax division may serve notice by first-class mail on an obligor who is not in compliance, meaning more than 90 days of current support has accrued or health insurance was not obtained as ordered (15-11.1-2). The notice gives 30 days to request a Family Court hearing; if you do, certification is stayed pending the decision, and a motion to modify served on the department also stays it. If you do not ask, the department certifies you after 31 days and the board suspends your license until you obtain a release (15-11.1-3; 15-11.1-6).
What licenses are covered?
A license to operate a motor vehicle, a motor vehicle registration, and any license, certification, registration or permit for a profession, occupation, business, industry or recreational activity (15-11.1-2).
What does the withholding notice tell me?
It states the arrears and the amount withheld for current support, arrears and fees, that it applies to any current or later employer, how to contest and that the ground is limited to a mistake of fact, and your right to a hearing before a master of the Family Court (15-16-6).
Can I ask for withholding myself?
Yes. An obligor or obligee can request income withholding in writing, and it becomes effective without a hearing (15-16-5(b)(2); 15-16-7(a)). Doing it yourself shows good faith if you ask the court to relieve interest.
Can they take property?
In an enforcement proceeding the court may, after a hearing fixing the arrearage and the value, assign tangible personal property of the obligor to the obligee to satisfy the arrears; if the obligor does not comply, the order operates as a judgment vesting title (15-5-16.2(d)(1)).
What about passports?
If a state agency certifies that a person owes child support arrearages of more than $2,500, federal law requires refusal of a passport (42 U.S.C. 652(k)). The Rhode Island arrears calculator warns when the unpaid principal passes that figure.
What should you do if you owe?
Ask for the hearing within 30 days of any notice, add up the balance in the Rhode Island child support arrears calculator and, if your circumstances changed, give notice of a petition to modify right away.
Frequently asked questions
What happens if you don’t pay child support in Rhode Island?
Income withholding, a judgment for debt, 12% interest, license suspension and property assignment can follow.
How much of my paycheck can Rhode Island take for child support?
Federal law limits it to 50% or 60% of disposable earnings, and 55% or 65% for support more than 12 weeks overdue.
How long do I have to respond to a Rhode Island license notice?
Thirty days to request a Family Court hearing.
Does a motion to modify stop a Rhode Island license suspension?
Filing a motion to modify and serving the department stays certification.
When can the passport of a Rhode Island parent who owes child support be denied?
When arrears above $2,500 are certified under federal law.
Official sources
- R.I. Gen. Laws 15-5-16.5: interest on arrearages
- R.I. Gen. Laws 15-5-16.3: judgment for debt
- R.I. Gen. Laws 15-16-5: income withholding
- R.I. Gen. Laws 15-11.1: license suspension
- 15 U.S.C. 1673: restriction on garnishment
- 42 U.S.C. 652(k): denial of passports
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Rhode Island statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Rhode Island attorney.