Rhode Island Divorce Lawyer: Overtime May Affect Your Rhode Island Child Support!

* *  Who Pays Rhode Island Child Support?  * *

In a Rhode Island divorce proceeding the parent that the
child or children does not live with (the "non-placement
parent") should anticipate paying child support.

* *  What is Rhode Island Child Support?  * *

Rhode Island Child Support is typically an amount of money
that the court orders the parent the children do not live
with (the "non-placement parent") to pay to the parent the
child(ren) lives with ( the "placement parent") the for the
care, support and maintenance of the minor child(dren).

* *  How is Rhode Island Child Support calculated?  * *

For the purposes of this article it is necessary to
understand that Rhode Island Child Support is based upon
the gross incomes of both parents.

Though Rhode Island Child Support can and often is,
somewhat complicated to calculate, the foundation of a
basic calculation to arrive at a recommended minimum order
involves taking the combined gross monthly income of the
parents and applying it to the Rhode Island Child Support
Guidelines table.   Using the combined gross monthly income
of the parents together with the number of children on the
Child Support Table, a proposed minimum amount of support
that the child(ren) are entitled to each month is provided
by the Rhode Island Child Support Guidelines table / chart.

You should note that there are both mandatory and optional
deductions that may be made from a parent's gross monthly
income if certain criteria are met.  This section is not an
all inclusive explanation of how child support is figured
in every instance, rather it is an overall view of a basic
calculation assuming no other deductions.

* *  When do the Rhode Island Child Support Guidelines
provide for support increases?  * *

Of course it stands to reason that the higher the combined
gross income of the parents, the higher the child(dren)'s
standard of living and thus the higher the total child
support the children are entitled to on a monthly basis. 
Therefore the total child support obligation the
child(dren) is entitled to on a monthly basis will go up
incrementally as the combined gross income of the child's
parents goes up.

Each parent, however, is typically held responsible for his
or her percentage of the monthly child support obligation
for both parents that his income is to the total.  Thus, if
you make $3,700 per month and your spouse makes $6,300 per
month, then your total combined gross monthly income is
$10,000 per month.

A quick calculation shows that you make 37% of that total
income and your spouse makes the other 63%.    Therefore,
whatever the total child support is for your child
according to the guidelines, the non-placement parent will
pay his or her percentage multiplied by the total child
support.  (i.e.  If the child support monthly total is
$1,000 and you are the non-placement parent you would pay
child support of $370 per month).

* *   How is overtime factored into Rhode Island Child
Support?  * *

A strict reading of the Rhode Island Child Support
guidelines demonstrates that overtime is not required to be
considered by the court in the gross income of a party.
However, that does not mean that it is not considered.

Overtime is a factor left to the discretion of the judge
handling your case.  Therefore, it may or may not be
considered based upon the circumstances of your case or the
judge hearing your case.

However, if you have consistently worked overtime, have
used the overtime pay to provide for your children, and
your matter is heard before a judge who believes that all
or a portion of overtime should be considered, you can
expect that your child support is likely to be higher than
those who do not work overtime.


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Authored By: Attorney Christopher Pearsall, Pearsall Law
Associates, 571 Pontiac Avenue, Cranston, RI  02910
Website:  http://www.Pearsall-Law-Associates.com