How is child support modified in Rhode Island divorce and family law cases?
Child support in Rhode Island does not automatically change when there is a change in circumstances. The father must file a motion to modify child support. When a petition to modify child support is filed, the clerk of the Rhode Island Family Court will set a hearing date. To modify alimony there must be a substantial change in circumstances. Under RI Law, a new child support amount is not retroactive to when circumstances actually changed! The new child support order must be retroactive to the date the motion is filed. Article by attorney David Slepkow (401-437-1100)
Therefore, you should not wait too long after circumstances change to file for a Rhode Island child support modification. 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 attorney/attorney to see if you are eligible for a child support modification.
What May Constitute a Substantial Change in Circumstances Under Rhode Island Family/Child Support Law?
1.unemployment
2. disability
3. new dependent child
4. decrease in income of either party
5. Increased income of either party
6. Increase in the cost of daycare
7. Increase in the cost of health insurance
8. a change in the financial circumstances of either parent, such as inheritance, acquisition of assets
9. either party gets social security benefits (SSI or SSDI) or afdc benefits
10. Promulgation of the new RI Child Support Guidelines.
11. loss of income from overtime
12 a substantial bonus from either party
13 any other change of circumstances that is recognized by the Court.