Rhode Island Child Support
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important part of your monthly budget. Shouldn't you be sure the amount is
correct? Calculate what your support should be OR calculate the arrears owed to you.
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Rhode Island child support law and support enforcement
and collection laws are mandated by the Federal Government. For the past
fifteen plus years the Federal Government has withheld Federal aid to states
that did not adhere to the Federal mandates. All states have complied.
Rhode Island child support is based upon guidelines that
assist the Court in calculating child support. In determining the
appropriate amount of support, a Court will consider the financial resources
of the child as well as the financial resources, needs, obligations and
earning potential of both the non-custodial and custodial parent. The Court
will also take the physical and emotion conditions and educational needs of
the child and any other dependants of the parents along with any other
factors the Family Court guidelines have adopted into consideration when
awarding the appropriate amount of support.
The Court may, however, deviate from the Rhode Island child
support guidelines if it determines that the guidelines are not fair for a
particular case. In reaching this determination, the Court will consider the
following factors: the financial resources of the child, the financial
resources of the custodial parent, the standard of living the child would have
enjoyed if the marriage had continued, the physical, emotional and educational
needs of the child and the financial resources of the non-custodial parent
In addition to basic child support, which is the amount of
child support calculated under the Rhode Island child support guidelines, the
parents will be obligated to contribute to the cost of child care. A party will
be ordered to pay approximately the same percentage of the daycare that, that
party makes in relation to that party's percentage of the combined gross income
of both parties.
Most states, including Rhode Island, have a provision for
withholding child support directly from the earnings of the parent who has been
ordered to provide support. By statute, all child support orders issued,
enforced or modified after January 1, 1994 are subject to immediate wage
withholding unless the court finds there is: good cause to not impose wage
withholding or a written agreement by both parties involved which provides for
an alternative arrangement for the timely payment of support due under the
support order
In Rhode Island child support can only be modified if there
is a substantial change of circumstances. In order to get a substantial change
of circumstances, the child support amount must be 10 percent more or less than
the old child support order. The change in circumstances could result from loss
of a job, increase of income of either party, new dependents, loss of overtime,
unemployment, a disability, etc.
Child support in Rhode Island terminates when a child turns
18. If, however, the child is 18 and still in high school, the Court may award
child support in its discretion until the child turns 19 or graduates from high
school, whichever comes first. Child support in Rhode Island will automatically
continues even after the child turns 18 until the child turns 19 unless a
Motion to terminate child support is filed.
In Rhode Island the Court has no jurisdiction to order a
parent to pay for the college education of his/her child. However, if pursuant
to a Property Settlement Agreement or other contract, one party agrees to pay
for a child's education, then that agreement may be enforced by a court of law.
Therefore, if you seek to have your child's parent pay for your child's college
education, then you must negotiate payment of college expenses as part of a
global settlement of the divorce/custody agreement or other similar agreement.
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