| Child support contempt in Rhode Island (RI) | | | | supporting documentation that has been offered into |
| If a person violates a Rhode Island Family Court order | | | | evidence. The judge will almost always ask what the |
| by not paying child support, the parent with physical | | | | person can pay at that moment or whether they are |
| custody may file a motion to hold that person in | | | | able to immediately borrow money from friends or |
| contempt for failure to pay child support. A person | | | | family. The Usual Dialogue is - "how much can you |
| accused of not paying child support has a right to a | | | | come up with to stay out of Jail and how quickly can |
| hearing. The obligor parent has the right to proper | | | | you pay?" The RI Family Court judge may also be |
| notice under the Rhode Island Family Court Rules. | | | | interested in whether a person has assets that he or |
| If the person owed child support (the parent with | | | | she can sell. |
| physical placement / custody) is on AFDC Benefits | | | | If a person's circumstances change then they need to |
| (welfare) than payment may be owed to the state of | | | | file a motion to modify or suspend their child support |
| Rhode Island. In that event, the motion may be initiated | | | | rather then not make the payments! Child support |
| by the State of Rhode Island, Child Support | | | | does not automatically modify upon circumstances |
| Enforcement rather than the father or mother with | | | | changing. If a modification is granted then the |
| physical custody of the minor child. | | | | modification will be retroactive to the date of filing of |
| A Child Support contempt proceeding could be part of | | | | the motion to modify not the date the circumstances |
| a Rhode Island divorce, child custody, Complaint for | | | | actually changed. This does not mean that a person |
| separate Maintenance, dcyf petition, child visitation, | | | | can unilaterally change their child support when they file |
| paternity or other type of Family Court legal action. If | | | | a motion. It means that the child support will run |
| there is a potential for incarceration and a person | | | | retroactive after the Family Court issues an order |
| cannot afford a Rhode Island Family Law lawyer / | | | | modifying the child support. Therefore, if a person loses |
| attorney then the Family Court must insure that the | | | | their job, becomes disabled, their hours are reduced or |
| person has an attorney representing him or her. The | | | | their pay decreases they must immediately file a |
| Judge usually has a list of Court Appointed attorneys | | | | motion to modify. |
| who are paid for by the state. Otherwise, the Court will | | | | Child support can only be changed or modified if a |
| appoint one of the lawyers from Rhode Island Legal | | | | motion is filed and an order enters. In many instances |
| Services to represent the person. | | | | the judge's response to a person's plea to not hold |
| There is often an opportunity to settle the matter prior | | | | them in contempt because they lost their job or their |
| to any hearing in which a judge may find a person in | | | | income decreased will be something like: "you should |
| willful contempt. A settlement typically may include any | | | | have filed a motion to modify or suspend child support |
| one of the following or a combination of the following | | | | when your circumstances changed rather than not |
| or something different: the obligor agreeing to remain | | | | pay." |
| current, paying a lump sum, a payment plan, staying | | | | |
| current in addition to an arrearage order, etc. | | | | Willful contempt |
| In some situations, the parent with physical custody or | | | | A finding of willful contempt means that the judge |
| Child Support enforcement is unwilling to settle the | | | | believes that a person is thumbing their nose at the |
| matter and insists on a hearing. | | | | Court or has no reasonable justification for |
| Technical contempt | | | | nonpayment. It could result from the judge not believing |
| If a person is found in technical contempt after a | | | | that the stated excuse for nonpayment is a justifiable |
| hearing, it means that the person has not complied with | | | | excuse. A finding of willful contempt could also mean |
| the child support order. However, the Court believes | | | | the following: 1) the person has the ability to pay and |
| that the person had a legitimate reason or excuse for | | | | has not made payment 2) the person has not made |
| failure to pay, such as loss of job (being fired, laid off), | | | | proper efforts to find suitable employment 3) the |
| decrease in income, disability, injured at work, unable to | | | | person is able to work yet either isn't working, is |
| work, medical problems, or a myriad of other excuses | | | | underemployed or not making proper efforts to find |
| or explanations. The judge also may not accept any | | | | employment. |
| of the above stated excuses as justification for failure | | | | The judge may believe that the contempt is willful |
| to pay. | | | | because the person is lying, exaggerating his excuse |
| A person found to be in technical contempt will not be | | | | or that the person is not acting in good faith. |
| sentenced to the Adult Correctional Institution (aci) (jail)! | | | | If a person is found in willful contempt for not paying |
| However, the person may be ordered to find | | | | Rhode Island child support, the person could be |
| employment, raise a lump sum, stay current and / or | | | | sentenced to the aci from day to day. Contempt |
| make payments on the arrearage, pay attorneys fees, | | | | sanctions are technically not criminal proceedings! |
| make certain lump sum payments, obtain a second job | | | | However, since the sanctions could lead to jail time, |
| etc. | | | | they are quasi criminal proceedings. Contempt |
| Most Judges have little patience for people who do | | | | proceedings are not technically criminal because they |
| not support their children. If the person has an excuse | | | | are intended to compel compliance with child support |
| for nonpayment it better be a good one or they may | | | | orders rather then punish for nonpayment! |
| find themselves in Jail. The amount of arrears and the | | | | If a person is sentenced to the aci from day to day, |
| person's history for compliance or noncompliance is | | | | then the judge of the Rhode Island Family court will |
| often crucial in a judge's determination! If a person has | | | | usually state that upon payment of certain amount the |
| a long history of nonpayment then that person has a | | | | person will be released from jail. In child support |
| much higher likelihood to be held in willful contempt. | | | | contempt proceedings there is always a ticket out of |
| The more a person owes the more likelihood that the | | | | jail by making a certain payment. A person could be |
| person will be held in willful contempt. | | | | held in willful contempt and not be sentenced to the aci. |
| At a hearing the judge will look at all relevant | | | | |