Legal Question in Family Law in Rhode Island
payment of child support
My daughters father just starting paying Child Support in Oct. of '07', she is now 2 and a half and i haven't been with him since she was 8 month old. He said he chose to give me the amount of support that i get, but he thinks its to much now. He wants to take me back to court to lessen the amount he gives because he's making less money now and i'm making more only cause i have a job now and befor was on state support, can he do that? I didn't go to the first court date because the state had all my information. He still works at the same place, his job hasn't changed and he said it's only cause right now he's going to school to. We have jt. custody only because he's on the birth certificate but it's not appointed by the courts and he only see's her once a month if that matters. I don't want to have to go to court and take days out of work for this if i don't have to, please help.
2 Answers from Attorneys
Re: payment of child support
Yes. The father of your daughter can return to court to have the child support reduced as long as there is a substantial change in circumstances. There is a substantial change in circumstances if between the two of you there has been as little as a 10% change in incomes. If this was done through the State attorneys in the first instance, it most likely can't be done that way this time. He should be required to file a Motion to Modify Child Support, pay a $100 filing fee, and have you served by a sheriff or constable. Just because you have a job and he goes to school now does NOT mean that the child support will be reduced. On November 1, 2007 the Child Support Payment Guidelines increased including a mandatory contribution toward medical support for the child if she is not covered by medical insurance.
There is a reasonable chance that if you attend court and bring a 2 or 3 current paystubs that the child support the father has to pay could be increased. Since your child is very young, I think you certainly should attend court. You have more to gain than to lose by going, even if it costs you a day from work.
Motion to Modify Child Support in Rhode Island by Attorney David Slepkow
In Rhode Island (RI) child support can only be modified if there is a substantial change of circumstances. In order to get a substantial change of circumstances, the child support amount must be 10 percent more or less than the old child support order. The change in circumstances could result from loss of a job, increase of income of either party, new dependents, loss of overtime, unemployment, a disability, etc.
I suggest that you consult with a Rhode Island Divorce and Family law lawyer/ attorney.
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