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.
Pursuant to Rhode Island Child Support laws and the Domestic rules of procedure for the Rhode Island Family Court, 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, in fact, changed warranting a Providence Family Court Justice or Magistrate to modify such support obligation.
Child Support in RI
Once a proper motion to modify 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 parents agree 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 support order?
1. unemployment, loss of job, fired from job, laid off, hours or income decreased
2. becoming fully or partially disabled causing a loss in income
3. new dependent child or children
4. either decrease or increase in income of either party
5. decrease in daycare cost or child no longer in daycare
6. increase in cost of daycare or new daycare situation
7. increase or decrease in cost of medical and dental insurance
9. A parent qualifying or applying forSSI or SSDI (Social Security disability) or State Cash benefits
10. new RI Child Support Guidelines promulgated.
11. decrease or increase in overtime income
12. a significant bonus received or about to be received by either parent.