Legal Question in Family Law in Rhode Island

Re: Daycare and Overtime in Rhode Island

Your ex-husband's overtime may be considered by the judge and factored into the child support calculation. However, this is discretionary based upon the judge. The judges usually fall into three camps on this issues.

1) Some judges take the position that no person (man or woman) should be required to work overtime to meet a child support obligation when he or she already works a full-time job.

2) Other judges take the position that overtime should always be included for purposes of child support calculations.

3) Finally, there are other family court judges who consider the length, nature and stability of the overtime, how long the spouse has worked the overtime job and what the overtime income was used for (i.e. was it used to support the family unit, paydown the mortgage more quickly, personal spending money, etc.).

There is no hard and fast rule regarding overtime. This is left to the discretion of each judge based upon the facts presented.

Daycare is something that both spouses are considered to contribute to and it is often part of the child support calculation although the monies are more for the benefit of the placement parent as opposed to the well-being of the child. Daycare expenses are often granted but your ex-husband's contribution will be related to the percentage of his income to the total income you both bring in. This too will depend upon whether or not the judge decides to consider your ex-husband's overtime.

Care should be taken here however. If you and your ex-husband have joint legal custody of your minor child(ren), then your ex-husband is entitled to an equal say as to whether 1) the daycare was truly needed or whether alternate arrangements could be worked out with him, and 2) which facility the child(ren) were placed in. If you did not give your ex-husband the opportunity to discuss alternatives or help select the facility for daycare, then it may be argued that you have violated your ex-husband's right to joint legal custody.

In the end, you may get reimbursement for daycare in the discretion of the judge depending upon whether your ex-husband claims his joint legal custody rights were violated and the judge believes your choice of daycare facility was reasonable. In either event you will be expected to show proof of payment in order to succeed on any request for reimbursement of daycare expenses.

I hope this has been helpful. If you need an experienced yet affordable professional to proceed in this regard, feel free to contact me.

Re: Daycare and Overtime in Rhode Island

There is no standard law or rule in Rhode Island regarding whether or not the non-custodial parent's overtime will be used to calculate child support. One Judge in Rhode Island consistently rules that overtime compensation cannot be used to calculate child support.

Other Judges in Rhode Island have different opinions regarding overtime. The Family Court is a court of equity and fairness. Judges in Rhode Island will typically look at whether or not a person consistently works overtime over a substantial period of time. Judges may also look at whether or not overtime is consistently offered to a spouse. If overtime is infrequent or not typically offered Judges may be hesitant to calculate overtime as a factor of child support. In that case, many attorneys argue that a person's income should be calculated using their W2 or gross income for the entire calendar year. By calculating gross income over an entire calendar year even infrequent overtime becomes an element of child support.

Judges may also look at other factors such as the needs and expenses of both parties and any extraordinary expenses for the child. At least one Judge has suggested that the possessory parent get a percentage of the overtime that is worked by the non-possessory parent. Other Judges in Rhode Island believe that overtime should always be a factor in child support. Often the issue of overtime is negotiated by the lawyers prior to any formal ruling by the Judge.

Yopu are entitled to daycare reimbursement as part of your child support.The Rhode Island minimum child support guidelines take into account both the importance and expense of daycare. The child support guidelines and worksheet are used to determine the proper amount of child support to be paid by the non-possessory parent. The bottom line is that a party will be ordered to pay approximately the same percentage of the daycare that the party makes in relation to that party's percentage of the combined gross income of both parties.

For example: If the husband makes $100,000.00 and the wife makes $50,000.00 the combined gross income for the parties is $150,000.00. Therefore, the husband makes 66 percent of the income and will be ordered to pay 66 percent of the daycare in addition to child support. (There may be an adjustment to take into account the federal tax credit.) This amount is added onto the minimum Child Support Guidelines amount.

You should contact a Rhode Island Divorce / Family Law attorney / Lawyer