Legal Question in Family Law in Rhode Island
Hearing a motion for child support relief - followup questions
I filed a motion for relief regarding child support last Sept 07 after losing my job. I had not been able to find work, even a low paying job. The court has made making a ruling contingent on me finding work. Meanwhile support is adding up considerably.
(Q1) Does the court have an obligation to make a decision on the motion w/in a reasonable time? I've heard it must be heard within 3 wks and support pmts lowered to a min amount right away?
(Q2) Must the court make their decision retroactive to the filing date (Sept 07), potentially reducing
the amount accrued?
I live out of state and have been approved to join telophonically. Five scheduled dates so far and I have yet to be dialed once. My ex-wife goes and makes a stink each time. My lawyer stated my motion isn't being heard because I'm not a sympathetic client since I'm physically not there. (I've been approved to be dialed-in though?) Physically going there is not an option because I don't have the money.
I've heard my situation is not typical.
(Q3) Does it apear I'm being prevented from recieving full, fair, impartial treatment?
Also been told I'm educated and had a good job so I should be able to find another. Just found a min wage job.
2 Answers from Attorneys
Re: Hearing a motion for child support relief - followup questions
(Q1) If an amount has been determined by the judge and your motion ultimately granted then you will pay that amount and it will accrue even without a job. When you get a job you will pay the amount ordered and a portion of the arrearages.
((Q2)The order when signed will be the controlling factor. Call the judge's assistant and see when the order will be sent out.
(Q3)Only if there hasn't been one. You are allowed to appear telephonically and you should rely only on the judge's assistant to tell you when to call in and no one else.
Re: Hearing a motion for child support relief - followup questions
Here are the answers to your questions based solely upon the information you have provided and the current state of the law in Rhode Island.
Answer to Question 1: There is no legal case or statute setting forth any amount of time within which the court must make a decision on a Motion for Relief or a Motion to Modify Child Support. What you have heard is incorrect.
Answer to Question 2: The judge hearing the motion has complete discretion as to whether the relief you have requested on a modification of child support will be made retroactive to the date of the filing of a motion make such a request.
Answer to Question 3: Your question uses the word "prevented". Without being present myself I do not kow whether you are being prevented from receiving proper treatment or not. Does it "appear" so, based upon your description? Yes. However, things are not always as they seem. Keep in mind that what you have presented is really third-hand information about what truly occurred in court on each of those court dates.
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