Rhode Island Divorce Lawyers: Modifying Rhode Island Child Support!

In Rhode Island, child support is most typically a monetary
amount of money that is paid by the parent having
visitation with the child or children.  It is an amount
that the court deems the child(ren) is entitled to from
both parents for the child's support.  The parent having
visitation is then generally ordered to pay his or her
percentage share of the total support amount that is
calculated to be due to the child(dren) based upon that
parent's percentage of his or her income to the combined
gross income of both parents of the child.

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

Rhode Island Child Support is set pursuant to the Rhode
Island Child Support Guidelines with adjustments by the
Rhode Island Family Court judge as provided in the
guidelines or within the Judge's discretion as allowed by
law since the Rhode Island Child support guidelines could
never anticipate every factual set of circumstances under
which adjustments should be made.

* * * When are Motions to Modify your Child Support
typically filed?  * * *

A Motion to Modify a Child Support obligation is typically
filed with the Rhode Island Family Court when there is a
"substantial change in circumstances".  Generally speaking
a substantial change in circumstances occur when the
combined gross income of the parents of the child has
changed by 10% from the time when the Rhode Island Family
Court last entered an order for child support.

* * * What could cause a 10% "substantial change in
circumstances"? * * *

1.  Loss of a job or layoff.
2.  Loss of paid medical benefits through your employer.
3.  Hospitalizations
4.  New job that pays more or less money.
5.  Birth of a new child to either parent.
6.  Discontinued overtime from your employer.
7.  Child is working and contributing to the placement
household.
8.  Unemployment
9.  Out on TDI, are hospitalized
10. Any other circumstance that causes a change of at least
10% in the combined gross income of both parents.

* * * Will the Rhode Island Judge give me retroactive
credits?  * * *

Under Rhode Island Domestic Relations Law the family court
judge assigned to hear your case has the authority in his
or her discretion to grant you credit retroactive to the
date you filed your Motion to Modify Child Support.
Therefore, if you get laid off or experience any
substantial reduction in income that may prevent you from
paying your child support as required by the court then you
should hand-file your Motion to Modify Child Support with
the Rhode Island Family Court because the date of your
filing is the farthest date that the judge may award you
retroactive child support.

* * * What if I can't make my payments as periodically
ordered? * * *

If you have to pay child support on a weekly basis but you
are unable to do so, it is generally best to file a Motion
for Relief.  This is different from a Motion to Modify
Child Support because a Motion for Relief does not require
that you meet the "substantial circumstances" test.   The
Motion for Relief would simply request a Modification of
the terms under which your payments are made.

For instance, if you are ordered to pay your child support
on a weekly basis but your income fluctuates substantially
such that you may have no income in any given week then it
may be better to pay your child support bi-weekly or even
monthly (in advance) in order to account for your income
fluctuation.

A Motion for Relief can be very helpful, especially when
you are looking more for an accommodation of an existing
condition and you have a justifiable basis for it.

* * * What should I watch for when calculating Rhode Island
Child Support? * * *

Child Support is not nearly as simple as some Rhode Island
Divorce and family law attorneys make it out to be.
Unfortunately some lawyers choose to oversimplify child
support and how it is calculated rather than running
through it with their client.

It is also very easy for a layperson to misunderstand the
guidelines themselves.  Though the Rhode Island Child
Support Guidelines and the worksheet provided by the court
are intended to inform lawyers and pro se individuals about
the use of the form and the manner in which the
calculations are to be made, there is a significant amount
of practical application that is not explained in the
guidelines.  The guidelines also won't help you to
understand each family court judge's philosophy.

Always make sure you check the "Mandatory" deductions that
are set forth on the Rhode Island Child Support Guidelines
worksheet and include them on the worksheet.

Per the Rhode Island Child Support Guidelines you are
entitled to these deductions off your gross income and it
could make a significant difference in your child support
obligation.  Double check your attorney's calculations if
you like but make certain that you receive those deductions
if you are entitled to them.


----------------------------------------------------
Authored By:
Attorney Christopher Pearsall
Pearsall Law Associates
571 Pontiac Avenue, Cranston, RI  02910
Website:  http://www.ChristopherPearsall.com
Phone:  (401) 354-2369