TITLE 33

Probate practice and procedure

CHAPTER 33-11

Claims Against Decedents' Estates

SECTION 33-11-51



   § 33-11-51  Survival of child support

obligations – Enforcement of claims – Child support public policy.

–

(a) It is the public policy of the state of Rhode Island that dependent

children shall be maintained and supported, as completely as possible, from the

resources of their parents thereby relieving or avoiding, to the fullest

extent, the burden borne by the citizens of the state.



   (b) In furtherance of said policy and not withstanding any

conflicting statute or prior case law, it is declared that a parent's legally

enforceable obligation to pay child support, past and future:



   (1) Continues until the child's eighteenth (18th) birthday or

such later date or event set forth in the family court's decree of child

support;



   (2) Is not extinguished by but survives the parent's death;



   (3) Is enforceable as a priority creditor's claim from the

deceased parent's probate estate;



   (4) Is enforceable by imposition of a constructive trust over

the deceased parent's non- probate assets by equity petition in the superior

court to the extent of any deficiency from the deceased parent's probate estate;



   (5) Takes precedence over and must be satisfied prior to any

distribution of the deceased parent's probate assets by intestacy or by will;

and



   (6) Cannot be nullified by disinheriting the child, however,

a parent may exercise testamentary discretion and disinherit a child subject to

the prior satisfaction of all his or her child support obligations, accrued and

future.



   (c) The family court may modify child support obligations

only for a substantial change in circumstances while the child is a minor and

the parent with the obligation to support the child is alive. After said

parent's death, the probate or superior court, as the case may be, shall hear

and determine the child's claim and may award:



   (1) Delinquent and/or accrued child support to the date of

the parent's death, with interest therein at the statutory rate; and



   (2) Future or prospective child support until the child's

eighteenth (18th) birthday or such later date or event set forth in the family

court's decree of child support, offset by social security benefits payable to

or for the child by reason of the parent's death, and discounted to present

value.



History of Section.

(P.L. 2008, ch. 298, § 1; P.L. 2008, ch. 314, § 1.)