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