Motion to modify child support in Rhode Island
How do I change a child support order? How do I get my Rhode Island child support reduced? Can child support be reduced if I have another child? On what basis can a person under a child support obligation modify his or her support obligations? Under what circumstances can the custodial parent who receives child support obtain relief from the Providence Family Court to increase child support? This article was written by a Rhode Island child support lawyer.
Motion to Modify child support in RI
Pursuant to Rhode Island Child Support law, a child support modification does not automatically occur when circumstances change! Either the custodial or noncustodial parent must file a motion to modify child support alleging that circumstances have changed warranting a Providence Family Court Justice or Magistrate to modify such support obligation.
Child Support in RI
Once a proper motion to modify Rhode Island child support has been filed with the RI Family Court, the clerk will schedule the modification matter for hearing at a designated date. RI child support law requires a substantial change in circumstances as a prerequisite to modify the vast majority of child support cases! Once a new amount has been set, the judge should run the new order retroactive to the date the matter was filed and the other party was served with the paperwork.
If circumstances drastically change, a person seeking a modification of child support should not delay in taking action to modify the RI Support order. A Rhode Island child support lawyer should be contacted immediately. RI law requires at least a 10% change for a modification to be granted unless the other parent agrees otherwise. A RI divorce lawyer or Providence Family law lawyer can help you get justice in you RI Child support cause of action.
What types of life changes could constitute a substantial change in Circumstances warranting a modification of an old child support RI order?
- unemployment, loss of job, fired from job, laid off, hours or income decreased
- becoming fully or partially disabled causing a loss in income
- new dependent child or children
- either decrease or increase in income of either party
- decrease in daycare cost or child no longer in daycare
- increase in cost of daycare or new daycare situation
- increase or decrease in cost of medical and dental insurance
- A parent qualifying or applying for SSI or SSDI (Social Security disability) or State Cash benefits
- new RI Child Support Guidelines promulgated
- decrease or increase in overtime income
- a significant bonus received or about to be received by either parent.
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National statistic:
“According to the latest version of the government’s Custodial Mothers and Fathers and Their Child Support report, which was released in January 2016:
- There are currently 13.4 million custodial single parents living in the U.S.
- About half of them (48.7%) have some type of legal or informal child support agreement in place
- 89.8% of those child support agreements are formal agreements, established in court or through a Title IV-D agency
- 10.2% are informal child support agreements established between the two parents