Legal Question in Family Law in Rhode Island

Re: Child Support in Rhode Island

You can move to modify your child support at any time you believe there is a "substantial change in circumstances". This typically means a 10% change. Some judges have interpreted this to mean a 10% change in the income of the payer while other judges consider it to mean a 10% change even if you look at the income of both parents and one parent went down in income 5% and the other parent went up in income by 5%. It seems that the majority of judges use the latter approach.

Technically you have the right to represent yourself. I do not recommend it though. In child support cases, especially with multiple children the computation can become a bit convoluted because there are mandatory deductions the payer is entitled to and there are other optional deductions that the court may allow in its discretion. This involves arguing before the court. Additionally, bonuses are a source of contention in the courts and purely a matter of argument as to whether they may or should be considered by a judge when addressing child support calculations.

You will also have a deduction from your gross income due to the child that you have with your boyfriend. However, it may make a difference if you work or not outside the home. If you do not work outside the home then you may not be afforded a deduction for your child with your boyfriend or your boyfriend may need to be present to prove his income in order to argue that you should be entitled to a deduction based upon half of his income.

If you do not work outside the home and the court reasonably believes that you could work outside the home, then your ex-husband may argue that an income should be imputed to you as an earning capacity whether you choose to work or not. If awarded, this imputed income could reduce the child support your ex-husband might have to pay.

Without further information I am unable to comment on child care expenses or medical expense contributions that may be included in the child support calculation.

Unfortunately, it is more complicated than it seems. I recommend having an experienced family law practitioner help you with such a motion.

My best to you and if I can be of assistance in this matter, please feel free to contact me.

Re: Child Support in Rhode Island

Child support in Rhode Island is not automatically modified when there is a change in circumstances. The parent must file a motion to modify child support. When a motion for modification of child support is filed a court date will be set by the clerk of the Rhode Island Family Court. In order to modify child support there must be a substantial change in circumstances. Under RI Law, a new child support amount does not run retroactive to when the circumstances actually changed! The new child support order should run retroactive to the date of the filing of the motion.

Therefore, you should not wait too long after circumstances change until you file for a modification of Rhode Island Child Support. There must be at least a ten percent change for a modification to occur unless the party agrees otherwise. You should contact a Rhode Island Divorce or Family law lawyer / attorney to see whether you are eligible for a modification of child support.

What may constitute a substantial change in Circumstances pursuant to Rhode Island family / child support law?

1. unemployment

2. disability

3. new dependant child

4. decrease in income of either party

5. increase in income of either party

6. increase in cost of daycare

7. increase in cost of medical insurance

8. a change in the financial circumstances of the either parent such as inheritance, acquiring assets

9. either party obtaining social security benefits (SSI or SSDI) or afdc benefits

10. new RI Child Support Guidelines promulgated.

11. loss of overtime income

12 a substantial bonus of either party

13 any other change in circumstances that is recognized by the Court.