Every Rhode Island divorce has it share of difficulties. One of those difficulties could be the form known as the CSS-1. The CSS-1 form is the form filed with the court's accounting unit to update all child support orders to make sure the amounts due and owing are kept up to date.
If the form isn't filed and filled in appropriately then child support amounts may continue to accrue at the wrong weekly or monthly garnished amount. Arrearages could accumulate with compounded interest.
Ultimately child support obligations can become confused, convoluted and even lead to contempt motions and potential incarceration for Child Support obligations that may not even exist.
Rule of Thumb.... don't forget the important forgettable form. . . .and make sure it's accurate and filed.
Without the CSS-1 you could be in hot water.
The CSS-1 form identifies for the Child Support Enforcement Accounting Unit the last Order that was issued by the Court, the amount of child support to be paid, or the amount and nature of modification of the child support. The CSS-1 also tracks and updates arrearages of child support and medical support payments with details regarding who the payor is and where he or she may be found and the payee and also where he or she may be found.
The CSS-1 form identifies the parents and/or guardians and the child for whom the support is being collected for the State's Child Support Enforcement Unit.
Why is it so important?
Imagine you are a father paying $250 per week in child support and you get laid off and are collecting Unemployment. File a Motion to Modify and thankfully get the court to modify your child support down to $100 per week. Unfortunately you do not submit a completed CSS-1 with the Court's current Order showing the reduction.
It's not until weeks later that you realize the CSS-1 wasn't filed properly. Your unemployment get's garnished $250 per week because that's the current Order per the last CSS-1 filed with the court. Now you have to get the CSS-1 and a new garnishment Order issued and submitted to the right parties. This could take 4 to 6 weeks. Meanwhile you're being garnished $250 per week when you can't afford it. Meanwhile, interest is also accruing each week at 12 percent per annum on the amount the Child Support Computer says you are not paying when you should be paying it.
This is a MILD case of a CSS-1 difficulty and now you will have to come back to court at your expense to explain why this happened and ask that the accrued interested be removed from the child support account because the form wasn't filed.
NOTE: The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue. This site is presented for the convenience of the internet public.
* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.