Q: Home confinement qualifications for non-custodial parent with $50,000 arrears in Rhode Island

A: In Rhode Island, home confinement as an alternative to other consequences like jail time for child support arrears is not automatically granted and typically depends on the specific circumstances of the case. A non-custodial parent may be considered for home confinement if they can demonstrate significant personal hardship, such as a serious medical condition or financial instability that would make incarceration unduly burdensome. However, in cases where there is a history of non-compliance and avoiding wage garnishment by working under the table, the court is less likely to grant leniency.

If the non-custodial parent is facing a body attachment for their arrears, it’s likely that the court will first explore other measures, such as further wage garnishment, property liens, or even jail time, to ensure compliance. Home confinement is typically used for non-violent offenders who have shown a commitment to correcting their behavior, so the non-custodial parent would need to show they are willing to pay the arrears and cooperate with child support enforcement.

To explore the possibility of home confinement, your lawyer may need to present evidence of the non-custodial parent’s efforts to improve their situation or their willingness to comply with the court’s orders. If this option is to be considered, they would also need to demonstrate that home confinement is a more viable solution compared to incarceration.