Modifying Rhode Island Child Support:

How is Child support modified in Rhode Island divorce and family law cases?

Child support in Rhode Island is not automatically modified when there is a change in circumstances. The parent must file a motion to modify child support. When a motion for modification of child support is filed a court date will be set by the clerk of the Rhode Island Family Court. In order to modify child support there must be a substantial change in circumstances. Under RI Law, a new child support amount does not run retroactive to when the circumstances actually changed! The new child support order should run retroactive to the date of the filing of the motion. Article by Attorney David Slepkow (401-437-1100)

Therefore, you should not wait too long after circumstances change until you file for a modification of Rhode Island Child Support. There must be at least a ten percent change for a modification to occur unless the party agrees otherwise. You should contact a Rhode Island Divorce or Family law lawyer / attorney to see whether you are eligible for a modification of child support.

What may constitute a substantial change in Circumstances pursuant to Rhode Island family / child support law?

1. unemployment
2. disability
3. new dependant child
4. decrease in income of either party
5. increase in income of either party
6. increase in cost of daycare
7. increase in cost of medical insurance
8. a change in the financial circumstances of the either parent such as inheritance, acquiring assets
9. either party obtaining social security benefits (SSI or SSDI) or afdc benefits
10. new RI Child Support Guidelines promulgated.
11. loss of overtime income
12 a substantial bonus of either party
13 any other change in circumstances that is recognized by the Court.

Terminating Rhode Island Child Support:

How do I terminate my child support obligation and stop wage garnishment in Rhode Island?

In Rhode Island (RI) child support does not automatically terminate when a child reaches 18 years old! Termination of a child support order is not automatic in Rhode Island! A child support order / obligation will only terminate if a motion to terminate child support is granted by a Judge of The Rhode Island Family Court. Unlike a motion to modify child support, a DR6 financial statement is not necessary unless there is an additional child in which a child support obligation will continue. If there is an additional child under 18 then a motion to terminate child support is really in essence a motion for modification for child support. Article by David Slepkow 401-437-1100.

Pursuant to RI law, child support is eligible to be terminated upon a child attaining the age of 18 and graduating high school but not longer then the child turning 19 years old. If the child is 18 years old and still in high school than child support may continue until the child graduates high school but not longer then the child attaining the age of 19. If a child is determined to be seriously disabled then child support may continue until the child attains the age of 21. If the Judge finds good cause the child support might continue for three months after graduation from high school.

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