§ 15-16-12. Allocation of amounts withheld — Refunds — Distribution.
(a) In the event that there are two (2) or more income withholding orders against the same income of an obligor, the department shall allocate and distribute the amount remitted by the withholding agent between or among the separate income withholding orders giving priority to current support obligations as follows:
(1) Each obligee shall be allocated an amount in the proportion which each obligee’s current support order under income withholding bears relative to the total of all amounts for current support under income withholding orders; and
(2) Any remaining withheld income shall be allocated to each obligee in an amount proportional to which each obligee’s arrearage order under income withholding bears relative to the total of all amounts ordered to be paid on arrearages under income withholding orders.
(b) The department shall promptly refund to an obligor the amounts, if any, which may have been improperly withheld.
(c) The department shall promptly distribute amounts received under income withholding orders in accordance with § 457 of the federal Social Security Act, 42 U.S.C. § 657.
History of Section.P.L. 1987, ch. 163, § 1; P.L. 1994, ch. 209, § 1.
Structure Rhode Island General Laws
Chapter 15-16 - Income Withholding
Section 15-16-2. - Definitions.
Section 15-16-3. - Remedies additional.
Section 15-16-4. - Income withholding agency.
Section 15-16-6. - Notice to obligor.
Section 15-16-7. - Income withholding by withholding agency — Registry — Judicial review.
Section 15-16-8. - Contesting withholding.
Section 15-16-9. - Income withholding order — Service — Effectiveness — Contents.
Section 15-16-10. - Duties and liabilities of withholding agent.
Section 15-16-11. - Duration — Modification or revocation of order.
Section 15-16-12. - Allocation of amounts withheld — Refunds — Distribution.
Section 15-16-14. - Voluntary income withholding.
Section 15-16-15. - Initiation of income withholding with other jurisdictions.