Legal Question in Family Law in Rhode Island
Child support modification for children over 18
My ex-husband has been paying support for 4 children since we divorced in April 2002. My oldest turned 18 in Feb. 2002, graduated HS in May 2002. Now he is finally filing for modification after I took him to court for non-payment last month. He has not paid anything since June 2003. I don't object to the modification, but will it be retro-active to the time she graduated? He says she has not lived with me since Sept. 2002, when she went to college. I have 2 part-time jobs, and though my daughter was in college last year I took care of all her expenses, (travel, school supplies, etc.) and she came home holidays and summer.
1 Answer from Attorneys
Re: Child support modification for children over 18
Theoretically the child support modification will be retroactive only to the time of the filing of the motion to modify. Thefore your ex-husband may be able to get relief back to the date that he actually filed the motion. If he or a lawyer on his behalf attempts to argue that the modification is retroactive to age 18 you can counter with the information that the "child" still required support. However this argument should not be necessary because the law very clearly only allows retroactive modification to the date of filing. You may still want to retain an attorney to assit you with this as sometimes "strange" and unexplainable things that are contrary to the law happen in family court. If you wish you may contact Attorney Amy D'Alessandro at this office (401) 353-0440 if yo wish further information on your question.
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