In Rhode Island and Providence Plantations, child support does not automatically terminate when a child reaches eighteen years old! Termination of a child support order is not automatic in RI! A child support order will only terminate if a motion to terminate child support is granted by a judge of The Rhode Island Family Court.
Terminate child support
Unlike a motion to modify child support, a DR6 financial statement is not necessary when you file a motion to terminate child support unless there is an additional child in which a child support obligation will continue. If there is an additional child under 18 then a motion to terminate child support is really in essence a motion for modification for child support. Article by Rhode Island Child Support Lawyer, David Slepkow 401-437-1100.
When does child support terminate in Rhode Island?
- Child support terminates when a child turns 19 years old if the child is not severely disabled.
- A motion to terminate child support must be filed.
- Child support terminates when a child turns 18 years old AND graduates high school.
Child graduates high school
Pursuant to RI law, child support is eligible to be terminated upon a child attaining the age of 18 and graduating high school but not after the child turns 19 years old. If the child is 18 years old and still in high school than child support may continue until the child graduates high school but not after the child attains the age of 19. If a child is determined to be severely disabled then child support may continue indefinitely. Also, if the Judge finds good cause and a motion to extend child support is filed, the child support might continue for three months after graduation from high school but in no event past the child’s 19th birthday.
Motion to terminate
A person should file a motion to terminate child support approximately 30-40 days prior to the child’s graduation from high school. If the child did not finish high school then a person should file their motion 30-40 days prior to the child’s 18th birthday. It will take a approximately 30-40 days until the clerk can schedule a hearing for the termination motion.
Stop wage garnishment
After the motion to terminate child support, the RI child support attorney must submit proper documentation and orders to the court, the obligor’s employer (to stop wage garnishment) and to the reciprocal clerk (to amend the computer records) If the computer records are not updated then the computer will continue to show an arrears. This may cause problems including automatic intercept of your tax refund, inability to obtain a passport among other problems.
Child Support Resources
“About three-quarters (74.1 percent) of custodial parents who were due child support in 2011 received either full or partial payments, including 43.4 percent who received full payments. • Over half (56.3 percent) of custodial parents with joint-custody arrangements received full child support payments, and 30.7 percent received full payments when there was no contact between the child and the child’s noncustodial parent(s). • About 62.3 percent of the $37.9 billion in child support due in 2011 was reported as received, averaging $3,770 per year per custodial parent who was due support. “Custodial Mothers and Fathers and Their Child Support: 2011 Current Population Reports By Timothy Grall Issued October 2013 P60-246