Legal Question in Family Law in Rhode Island

The change in your payment structure is actually a non-issue regarding your child support until you see the impact of the change on your actual income.

To modify child support you must be able to demonstrate a substantial change in circumstances to the Rhode Island Family Court. You should not attempt to modify your Rhode Island Child Support Obligations until the actual monetary impact of the change in your pay structure is known with certainty for a reasonable amount of time. I recommend that you wait six to eight weeks under the new pay structure and save your pay stubs as evidence that your income is decreased, your situation has changed and your income has substantially changed even though you are putting the same amount of effort into your work.

If you file to modify for termination of one child's child support based upon the child's emancipation, you will in fact have to return to court to terminate the child support for the other child when he or she reaches the age of 18 and has graduated from high school Technically speaking, Rhode Island law does not allow a party to obtain an order to terminate child support "in advance" of the emancipation date.

Depending upon when your child support order was established, especially if it was prior to November 1, 2007, then you should run the child support calculations to determine if it is worth modifying your child support. It is entirely possible to mistakenly modify your Rhode Island Child Support from two children two one child and find yourself paying more today for one child than you did in 2006 for two children. Caution is advised here. While it is best to do right by your children, keep in mind that the child support guidelines may not effectively represent what the children's actual support needs are in Rhode Island.

Should you need coaching, further advice or representation regarding your family law matters, Please do not hesitate to contact me for a low-cost, high value coaching session.

My best to you during this transition in your life,

Christopher A. Pearsall, Rhode Island Divorce Lawyer*

(401) 632-6976

*The RI Supreme Court licenses all lawyers in the general practice of law and has no programs for recognition of specialization of lawyers in any area of law.

Please note: This is not legal advice but is a public service to those in need. This is in no way a substitute for legal advice provided by a competent Rhode Island Divorce and Family Law Practitioner who has had the opportunity to meet with you and question you regarding ALL aspects of your case.