| v> | | | | child support there must be a substantial change in |
| This Extensive article about Rhode Island Child | | | | circumstances. Under RI Law, a new child support |
| Support written by a Rhode Island Attorney explains | | | | amount does not run retroactive to when the |
| in detail the following Child Support issues: 1.) | | | | circumstances actually changed! The new order should |
| Establishing Rhode Island Child Support 2.) Private | | | | run retroactive to the date of the filing of the motion. |
| School and Child Support 3.) College and Child | | | | Therefore, you should not wait too long after |
| Support 4.) Overtime and Child Support 5) Daycare | | | | circumstances change until you file for a modification |
| and Child Support 6.) Modifying Rhode Island Child | | | | of Rhode Island Child Support. There must be at least |
| Support 7.) Terminating Child Support. This article also | | | | a ten percent change for a modification to occur |
| adresses a myriad of other Rhode Island Child Support | | | | unless the party agrees otherwise. You should contact |
| issues. This article is a must read for all people who | | | | a Rhode Island Divorce or Family law lawyer / |
| need information concerning Rhode Island Child | | | | attorney to see whether you are eligible for a |
| Support. | | | | modification. |
| Rhode Island Child Support from Soup To Nuts by a | | | | What may constitute a substantial change in |
| Rhode Island Attorney | | | | Circumstances pursuant to Rhode Island family law? |
| This article, written by a Rhode Island Family Lawyer | | | | 1. unemployment |
| explains in detail the following Rhode Island Child | | | | 2. disability |
| support Issues: Establishing, modifying, terminating, | | | | 3. new dependant child |
| enforcing, contempt, college, daycare, overtime as well | | | | 4. decrease in income of either party |
| as an explanation of the RI support guidelines!! | | | | 5. increase in income of either party |
| Establishing Rhode Island Child Support: | | | | 6. increase in cost of daycare |
| How is Rhode Island (RI) Child Support determined in | | | | 7. increase in cost of medical insurance |
| divorce cases, paternity cases, and child visitation | | | | 8. a change in the financial circumstances of the either |
| cases? | | | | parent such as inheritance, acquiring assets |
| In most cases, it is set by the "Rhode Island Family | | | | 9. either party obtaining social security benefits (SSI or |
| Court Child Support Formula and Guidelines". In the | | | | SSDI) or afdc benefits |
| vast majority of cases in Rhode Island, the minimum | | | | 10. new RI Child Support Guidelines promulgated. |
| Rhode Island child support guideline amount is used. | | | | 11. loss of overtime income |
| Rhode Island Child Support Articles | | | | 12 a substantial bonus of either party |
| However, a parent has the right to seek more then the | | | | 13 any other change in circumstances that is |
| minimum guidelines because the guidelines are | | | | recognized by the Court. |
| supposed to be the minimum amount a parent will | | | | Child support contempt in Rhode Island (RI) |
| receive as child support. In Theory, The Guidelines are | | | | If a person violates a Rhode Island Family Court order |
| intended to be the floor rather then the ceiling for child | | | | by not paying child support, the parent with physical |
| support. In actuality, the minimum guidelines are used in | | | | custody may file a motion to hold that person in |
| the vast majority of Rhode Island cases. | | | | contempt for failure to pay. A person accused of not |
| The court is entitled to look at the assets of a party in | | | | paying has a right to a hearing. The obligor parent has |
| determining child support. The Family Court can also | | | | the right to proper notice under the Rhode Island |
| look at extraordinary expenses of either party and | | | | Family Court Rules. |
| can look at the needs and expenses of the parties. | | | | If the person owed child support (the parent with |
| The Court can look at any circumstances the judge | | | | physical placement / custody) is on AFDC Benefits |
| believes appropriate. If a person is underemployed or | | | | (welfare) than payment may be owed to the state of |
| refusing to work when capable of working then the | | | | Rhode Island. In that event, the motion may be initiated |
| court can determine the earning capacity of the party. | | | | by the State of Rhode Island, Child Support |
| Some Judges consistently go over the minimum | | | | Enforcement rather than the father or mother with |
| guidelines. | | | | physical custody of the minor child. |
| The Rhode Island guidelines uses an income shares | | | | A contempt proceeding could be part of a Rhode |
| model in which the adjusted gross income of both | | | | Island divorce, child custody, Complaint for separate |
| parents are used to determine the correct amount of | | | | Maintenance, dcyf petition, child visitation, paternity or |
| child support. Essentially, the guidelines look at the | | | | other type of Family Court legal action. If there is a |
| combined adjusted Gross income of both parties. | | | | potential for incarceration and a person cannot afford |
| Adjusted gross income means the gross income of a | | | | a Rhode Island Family Law lawyer / attorney then the |
| party with certain required deductions from gross | | | | Family Court must insure that the person has an |
| income for medical insurance & dental insurance. | | | | attorney representing him or her. The Judge usually |
| Another required deduction is for additional minor | | | | has a list of Court Appointed attorneys who are paid |
| dependants (children). There are also certain | | | | for by the state. Otherwise, the Court will appoint one |
| discretionary deductions that some judges may allow | | | | of the lawyers from Rhode Island Legal Services to |
| such as life insurance costs. | | | | represent the person. |
| After determining the combined adjusted gross income | | | | There is often an opportunity to settle the matter prior |
| of the parties, the Rhode Island Guidelines should be | | | | to any hearing in which a judge may find a person in |
| utilized to determine what the state of Rhode Island | | | | willful contempt. A settlement typically may include any |
| believes that two parents with that amount of | | | | one of the following or a combination of the following |
| adjusted gross income would pay for support if the | | | | or something different: the obligor agreeing to remain |
| parents were still residing together. After that number | | | | current, paying a lump sum, a payment plan, staying |
| is determined daycare expenses are added onto that | | | | current in addition to an arrearage order, etc. |
| amount. | | | | In some situations, the parent with physical custody or |
| The non custodial parent pursuant to the minimum | | | | Child Support enforcement is unwilling to settle the |
| guidelines should be obligated to pay a percentage of | | | | matter and insists on a hearing. |
| that amount set forth above that is the same same | | | | Technical contempt |
| percentage of that persons adjusted gross income to | | | | If a person is found in technical contempt after a |
| the total adjusted gross income of both parties. | | | | hearing, it means that the person has not complied with |
| For example: If Mom makes $1000 a month and dad | | | | the child support order. However, the Court believes |
| makes $4000 a month and each has $200 dollars of | | | | that the person had a legitimate reason or excuse for |
| medical insurance payments then the adjusted gross | | | | failure to pay, such as loss of job (being fired, laid off), |
| income of mom is $800 and the adjusted gross | | | | decrease in income, disability, injured at work, unable to |
| income of dad is 3800. The combined adjusted gross | | | | work, medical problems, or a myriad of other excuses |
| income of both is $4600. Dad makes $82.6 percent of | | | | or explanations. The judge also may not accept any |
| the combined adjusted gross income of the parties | | | | of the above stated excuses as justification for failure |
| and is required to pay 82.6 percent of the minimum | | | | to pay. |
| guideline amount guideline amount plus the daycare | | | | A person found to be in technical contempt will not be |
| expenses. | | | | sentenced to the Adult Correctional Institution (aci) (jail)! |
| The next step is to get a copy of the most recent | | | | However, the person may be ordered to find |
| version of the Rhode Island Child Support Guidelines . | | | | employment, raise a lump sum, stay current and / or |
| This can be obtained at the Rhode Island Family Court. | | | | make payments on the arrearage, pay attorneys fees, |
| 2007 Rhode Island Child Support Guidelines | | | | make certain lump sum payments, obtain a second job |
| (These Guidelines replaced the 2002 Guidelines) | | | | etc. |
| Please note that one of the most significant changes | | | | Most Judges have little patience for people who do |
| to the new 2007 guidelines is the "self support reserve | | | | not support their children. If the person has an excuse |
| for payors with very limited income. | | | | for nonpayment it better be a good one or they may |
| Assuming that the parties have two children the | | | | find themselves in Jail. The amount of arrears and the |
| guidelines indicate that the correct support amount is | | | | person's history for compliance or noncompliance is |
| $956. assuming there is no daycare* in this | | | | often crucial in a judge's determination! If a person has |
| hypothetical then the father would be obligated to pay | | | | a long history of nonpayment then that person has a |
| 82.6 percent or $956 per month which would be | | | | much higher likelihood to be held in willful contempt. |
| $789.65 per month or $183 per week. (Please note | | | | The more a person owes the more likelihood that the |
| that these figures use the 2004 guidelines not the new | | | | person will be held in willful contempt. |
| 2007 child support guidelines) | | | | At a hearing the judge will look at all relevant |
| *(if there is daycare then add the work related child | | | | supporting documentation that has been offered into |
| care costs minus the federal tax credit. Please note | | | | evidence. The judge will almost always ask what the |
| that the state of Rhode Island uses a rule of thumb of | | | | person can pay at that moment or whether they are |
| approximately 75 percent to 80 percent of the actual | | | | able to immediately borrow money from friends or |
| daycare expense) | | | | family. The Usual Dialogue is - "how much can you |
| The Guidelines in theory and in most cases in actuality | | | | come up with to stay out of Jail and how quickly can |
| are the minimum amount a person is required to pay. | | | | you pay?" The RI Family Court judge may also be |
| The judge has discretion to go over the minimum | | | | interested in whether a person has assets that he or |
| Rhode Island Guidelines if there is justification under the | | | | she can sell. |
| circumstances. | | | | If a person's circumstances change then they need to |
| Some judges in Rhode island consistently go over the | | | | file a motion to modify or suspend their child support |
| guidelines. The types of circumstances that may justify | | | | rather then not make the payments! Child support |
| a judge issuing a child support order above the Rhode | | | | does not automatically modify upon circumstances |
| Island guidelines are:a) Substantial assetsb) standard of | | | | changing. If a modification is granted then the |
| living and expenses that far exceed reported gross | | | | modification will be retroactive to the date of filing of |
| incomec) extraordinary necessary expenses and | | | | the motion to modify not the date the circumstances |
| needs related for the child | | | | actually changed. This does not mean that a person |
| If the parties agree to child support below the Rhode | | | | can unilaterally change their child support when they file |
| Island child Support Guidelines, in some limited | | | | a motion. It means that the child support will run |
| circumstances, it may be allowed. These | | | | retroactive after the Family Court issues an order |
| circumstances could include, visitation exceeding the | | | | modifying the child support. Therefore, if a person loses |
| norm, extraordinary payments of the child expenses or | | | | their job, becomes disabled, their hours are reduced or |
| even sometimes just based on the parties agreement. | | | | their pay decreases they must immediately file a |
| Private School | | | | motion to modify. |
| : | | | | Child support can only be changed or modified if a |
| In Rhode Island (RI) Divorce and Child support cases, | | | | motion is filed and an order enters. In many instances |
| Can I get the father or mother of my child to be | | | | the judge's response to a person's plea to not hold |
| ordered to pay for private school education? | | | | them in contempt because they lost their job or their |
| No, unless there is a contractual obligation, a stipulated | | | | income decreased will be something like: "you should |
| consent order or there is an ongoing divorce. | | | | have filed a motion to modify or suspend child support |
| Most judges take the position that there are suitable | | | | when your circumstances changed rather than not |
| public schools for children to attend. However, If there | | | | pay." |
| is something in writing such as a property settlement | | | | Willful contempt |
| agreement obligating one parent to pay for the private | | | | A finding of willful contempt means that the judge |
| school education of the child, then the parent may be | | | | believes that a person is thumbing their nose at the |
| obligated to pay for the private school education. | | | | Court or has no reasonable justification for |
| Also, the parent could be ordered to pay for private | | | | nonpayment. It could result from the judge not believing |
| school education in a divorce on a temporary basis, | | | | that the stated excuse for nonpayment is a justifiable |
| especially when it is in the middle of a school year and | | | | excuse. A finding of willful contempt could also mean |
| it would be disruptive for the child to transfer to a | | | | the following: 1) the person has the ability to pay and |
| public school. Parents can certainly negotiate payment | | | | has not made payment 2) the person has not made |
| of private school education and the judge of The | | | | proper efforts to find suitable employment 3) the |
| Family Court will usually approve the settlement in a | | | | person is able to work yet either isn't working, is |
| court Order. That stipulated consent order could be | | | | underemployed or not making proper efforts to find |
| enforced in a Family Court contempt proceeding. | | | | employment. |
| College education: | | | | The judge may believe that the contempt is willful |
| Can I get the father or mother of my child to be | | | | because the person is lying, exaggerating his excuse |
| ordered to pay for college? | | | | or that the person is not acting in good faith. |
| No, Unless there is a written contractual agreement | | | | If a person is found in willful contempt for not paying |
| obligating payment of college expenses. Rhode Island | | | | Rhode Island child support, the person could be |
| child support terminates when a child turns 18 and | | | | sentenced to the aci from day to day. Contempt |
| graduates high school but not longer then the child | | | | sanctions are technically not criminal proceedings! |
| attaining the age of 19. (Unless the child is severely | | | | However, since the sanctions could lead to jail time, |
| disabled and then it goes unil the child turns 21) | | | | they are quasi criminal proceedings. Contempt |
| The Court loses jurisdiction over the child when the | | | | proceedings are not technically criminal because they |
| child attains the age as set forth above. The Court | | | | are intended to compel compliance with child support |
| cannot order payment of college but a Court may | | | | orders rather then punish for nonpayment! |
| enforce a written property settlement agreement | | | | If a person is sentenced to the aci from day to day, |
| between the parties obligating payment of college. | | | | then the judge of the Rhode Island Family court will |
| Overtime: | | | | usually state that upon payment of certain amount the |
| What if my child's parent works overtime? Will | | | | person will be released from jail. In child support |
| overtime be included in child support? | | | | contempt proceedings there is always a ticket out of |
| There is no standard law or rule in Rhode Island | | | | jail by making a certain payment. A person could be |
| regarding whether or not the non-possessory parent's | | | | held in willful contempt and not be sentenced to the aci. |
| overtime will be used to calculate child support. One | | | | Terminating Rhode Island Child Support: |
| Judge in Rhode Island consistently rules that overtime | | | | How do I terminate my obligation and stop wage |
| compensation cannot be used to calculate child | | | | garnishment in Rhode Island? |
| support. | | | | In Rhode Island (RI) child support does not automatically |
| Other Judges in Rhode Island have different opinions | | | | terminate when a child reaches 18 years old! |
| regarding overtime. The Family Court is a court of | | | | Termination of a child support order is not automatic in |
| equity and fairness. Judges in Rhode Island will typically | | | | Rhode Island! An order / obligation will only terminate if |
| look at whether or not a person consistently works | | | | a motion to terminate is granted by a Judge of The |
| overtime over a substantial period of time. Judges may | | | | Rhode Island Family Court. Unlike a motion to modify |
| also look at whether or not overtime is consistently | | | | child support, a DR6 financial statement is not |
| offered to a spouse. If overtime is infrequent or not | | | | necessary unless there is an additional child in which an |
| typically offered Judges may be hesitant to calculate | | | | obligation will continue. If there is an additional child |
| overtime as a factor of child support. In that case, | | | | under 18 then a motion to terminate is really in essence |
| many attorneys argue that a person's income should | | | | a motion for modification of support. |
| be calculated using their W2 or gross income for the | | | | Pursuant to RI law, child support is eligible to be |
| entire calendar year. By calculating gross income over | | | | terminated upon a child attaining the age of 18 and |
| an entire calendar year even infrequent overtime | | | | graduating high school but not longer then the child |
| becomes an element of child support. | | | | turning 19 years old. If the child is 18 years old and still in |
| Judges may also look at other factors such as the | | | | high school than child support may continue until the |
| needs and expenses of both parties and any | | | | child graduates high school but not longer then the child |
| extraordinary expenses for the child. At least one | | | | attaining the age of 19. If a child is determined to be |
| Judge has suggested that the possessory parent get | | | | seriously disabled then child support may continue until |
| a percentage of the overtime that is worked by the | | | | the child attains the age of 21. If the Judge finds good |
| non-possessory parent. Other Judges in Rhode Island | | | | cause the child support might continue for three |
| (RI) believe that overtime should always be a factor in | | | | months after graduation from high school. |
| child support. Often the issue of overtime is negotiated | | | | A person should file a motion to terminate |
| by the lawyers prior to any formal ruling by the Judge. | | | | approximately 30-40 days prior to the child's |
| Daycare and Child Support | | | | graduation from high school. If the child did not finish |
| Who is going to pay for my child's daycare? | | | | high school then a person should file their motion 30-40 |
| The Rhode Island minimum guidelines take into account | | | | days prior to the child's 18th birthday. It will take a |
| both the importance and expense of daycare. The | | | | approximately 30-40 days until the clerk can schedule |
| guidelines and worksheet are used to determine the | | | | a hearing for the termination motion. |
| proper amount of child support to be paid by the | | | | After the motion to terminate, the attorney must |
| non-possessory parent. The bottom line is that a party | | | | submit proper documentation and orders to the court, |
| will be ordered to pay approximately the same | | | | the obligors employer (to stop wage garnishment) and |
| percentage of the daycare that the party makes in | | | | to the reciprocal clerk (to amend the computer |
| relation to that party's percentage of the combined | | | | records) If the computer records are not updated then |
| gross income of both parties. | | | | the computer will continue to show an arrearage which |
| For example: If the husband makes $100,000.00 and | | | | may cause problems including automatic intercept of |
| the wife makes $50,000.00 the combined gross | | | | your tax refund, inability to obtain a passport among |
| income for the parties is $150,000.00. Therefore, the | | | | other problems. |
| husband makes 66 percent of the income and will be | | | | What County in the Rhode Island Court system will the |
| ordered to pay 66 percent of the daycare in addition | | | | child support case be heard? |
| to child support. (There may be an adjustment to take | | | | Al the counties in Rhode Island (Providence, Kent, |
| into account the federal tax credit.) This amount is | | | | Newport and Washington County) follow the same |
| added onto the minimum Guidelines amount. | | | | general rules and procedures. Providence County |
| Modifying Rhode Island Support: | | | | includes East Providence, Providence, Cranston, |
| How is Child support modified in Rhode Island divorce | | | | Cumberland, Barrington, Bristol, North Smithfield, |
| and family law cases? | | | | woonsocket and other towns and cities. Kent County |
| Rhode Island Child Support is not automatically | | | | includes Warwick & North kingston, East Greenwich |
| modified when there is a change in circumstances. The | | | | as well as other towns. Newport County includes |
| parent must file a motion to modify. When a motion for | | | | Newport, Middletown & Portsmouth. Washington |
| modification is filed a court date will be set by the clerk | | | | County includes South Kingstown, Wakefield, |
| of the Rhode Island Family Court. In order to modify | | | | narragansett etc. |