§ 42-61-7.1. Payment of prizes in excess of six hundred dollars ($600) - Setoff for child support debts and benefit of overpayments. Notwithstanding the provisions of § 42-61-7 relating to assignment of prizes, the following setoff provisions shall apply to the payment of any prizes or winning ticket in excess of six hundred dollars ($600).

(1) With respect to a person entitled to receive the prize or winning ticket who has an unpaid child support order(s) arrearage(s) in excess of 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) for benefit overpayments and interest to the department of labor and training determined to be recoverable under the provisions of chapters 39 - 44 of title 28, the lottery director:

(i) Shall set off against the amount due to that person after state and federal tax withholding an amount up to the balance of the child support arrearage(s), and benefit overpayments and interest owed to the department of labor and training, and the director shall make payment of this amount directly to the Rhode Island family court in the case of child support arrearage(s) which shall deposit the amount set off into the registry of the family court for a period of forty-five (45) days, or if an application for review has been filed pursuant to § 27-57-1(d), until final disposition of the application until further order of the court and in the case of benefit overpayments and interest owed the director shall transfer the amounts owed to the department of labor and training; and

(ii) Shall pay to this person the remaining balance of the prize or winning ticket amount, if any, after reduction of the amount set off above for child support and benefit overpayments and interest owed. If any instance, the lottery director has received notice from more than one claimant agency, the claim for child support arrearage(s) by the department of human services shall receive first priority and the claim for benefit overpayments and interest owed by the department of labor and training the second priority.

(2) The director shall be discharged of all further liability upon payment of a prize or winning ticket pursuant to this section.

(3) The department of human services shall periodically within each year furnish the director with a list or compilation of names of individuals, together with any other identifying information and in a form that the director shall require, who as of the date of the list or compilation, have an unpaid child support order arrearage in excess of five hundred dollars ($500) as shown on the Rhode Island family court degrees department of human services child support enforcement computer system ("CSE system"). For the purposes of this section, the terms used in this section shall be given the meaning and definitions specified in § 15-16-2.

(4) Any party aggrieved by any action taken under this section may within thirty (30) days of the withholding of the payment by the lottery director seek judicial review in the family court, in the case of withholding for child support or in the district court in the case of benefit overpayments and interest owed, which may, in its discretion, issue a temporary order prohibiting the disbursement of funds under this section, pending final adjudication.

(5) The department of labor and training shall periodically within each year furnish the director with a list or compilation of names of individuals, together with any identifying information and in any form that the director requires, who as to the date of the list or compilation, have unpaid benefit overpayments and interest in excess of five hundred dollars ($500) determined to be recoverable under the provisions of chapters 39 - 44 of title 28.

[See § 12-1-15 of the General Laws.]

History of Section. (P.L. 1995, ch. 370, art. 29, § 8; P.L. 1995, ch. 374, § 8; P.L. 1995, ch. 381, § 1; P.L. 1999, ch. 170, § 1.)