Providence Family Court attorney and Rhode Island child support attorney, David Slepkow answers several important child support frequently asked questions about RI child support law. Child support in RI terminates when a child attains the age of 18 unless they are still in high school. This RI child support post also addresses issues concerning daycare, overtime and college. Below you will find a link to RI child support login. For a more extensive explanation of Rhode Island child support, please visit the following article about RI child support authored by Rhode Island child support lawyer , David Slepkow: RI child suport
My child is about to turn 18 but is still in high school and living at home, can I still get child support?
Child support in Rhode Island should end when a child reaches the age of 18 years old and graduates high school. If the child of the parties is still finishing high school at his or her 18th birthday, then support shall not stop until the child attains the age of nineteen years old (19). Child support in RI and Providence Plantations continues after the child attains the age of 18 unless a Motion to terminate support is filed in Rhode Island Family Court. If you are the parent obligated to pay child support then your best option is to file a Motion to Terminate Child Support approximately 40 days prior to your child turning 18 and graduating high school.
This will mean that the motion will be heard on a court date soon after the child turns 18. Please note that the non-custodial parent may still be found in contempt for failure to pay RI child support even after the child turns 18 if there is no motion granted to terminate the child support. If a child is severely disabled, child support may continue indefinitely for potentially the child’s entire life. If your child is severely and seriously disabled please contact me because you may need to file a motion to have your child support extended.
Child support should terminate upon the child attaining the age of 19. However, a motion to terminate child support should be filed in nearly all cases.
Severe physical or mental impairment – RI law § 15-5-16.2.
“Notwithstanding the foregoing, the court, in its discretion, may order child support, in the case of a child with a severe physical or mental impairment still living with or under the care of a parent, beyond the child’s emancipation as defined above. The court shall consider the following factors when making its determination: (1) The nature and extent of the disability; (2) The cost of the extraordinary medical expenses; (3) The ability of the child to earn income; (4) The financial resources of the child; (5) The financial resources of the parents; (6) The inability of the primary caregiver of the child to sustain gainful employment on a full-time basis due to the care necessitated by the child. The onset of the disability must have occurred prior to the emancipation event. If a child support order for a child with a severe physical or mental impairment has been terminated, suspended, or expired, the court shall consider the factors in this paragraph and has the discretion to order child support for this child prospectively based upon established child support guidelines. The court may periodically review the case to determine if circumstances warrant the continuation of child support.” http://webserver.rilin.state.ri.us/Statutes/TITLE15/15-5/15-5-16.2.HTM
College and RI child support
Many parents are asking the following question: “does child support continue through college?” There is no legal obligation for a parent to pay for college unless there is a property settlement agreement or marital settlement agreement in the divorce contractually obligating the parent to pay.
What if my child’s parent works overtime? Will overtime be included in RI child support?
Overtime will usually be used to calculate child support in RI. Judges in Rhode Island will typically look at whether or not a person consistently works overtime over a substantial period of time. Judges may also look at whether or not overtime is consistently offered to a spouse. If overtime is infrequent or not typically offered a RI Family Court Justice may be hesitant to calculate overtime as a factor of child support. In that case, many attorneys argue that a person’s income should be calculated using their W2 or gross income for the entire calendar year. By calculating gross income over an entire calendar year even infrequent overtime becomes an element of child support. Judges may also look at other factors such as the needs and expenses of both parties and any extraordinary expenses for the child. Often the issue of overtime is negotiated by the lawyers prior to any formal ruling by the Judge.
Can I get my child’s father to be ordered to pay for my child’s college education?
Does child support continue through college? Is there child support after 18? In Rhode Island, the RI Family 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 RI divorce or custody agreement or other similar agreement.
RI child support guidelines| Who is going to pay for my child’s daycare?
The Rhode Island minimum child support guidelines take into account both the importance and expense of daycare. The RI child support guidelines and worksheet are used to determine the proper amount of child support (ri child support payment) to be paid by the non-custodial parent. The bottom line is that a party will be ordered to pay approximately the same percentage of the daycare that the party makes in relation to that party’s percentage of the combined gross income of both parties.
For example: If the husband makes $100,000.00 and the wife makes $50,000.00 the combined gross income for the parties is $150,000.00. Therefore, the husband makes 66 percent of the income and will be ordered to pay 66 percent of the daycare in addition to child support. (There may be an adjustment to take into account the federal tax credit.) This amount is added onto the minimum Child Support Guidelines amount.
2018 Rhode Island child support guidelines (RI child support guidelines) update: Please note that the calculation for day care recently changed potentially lowering the non custodial parent’s daycare obligation by a small amount. A Rhode Island child support attorney must now run the guidelines 2 times. First to determine daycare and another to give the obligor a deduction from his gross income for that daycare payment.
Child support RI | How do I modify, increase or terminate child support in Rhode Island?
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 prior 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. Many people visit the child support office ri to start the process of modifying child support.
RI child support calculator | ri child support payment
There is no official RI child support calculator. In order to calculate your Rhode Island child support obligation you need to use the RI Child support worksheet utilizing the 2017 RI child support guidelines.
How to stop child support garnishment
There is no way to stop Rhode Island child support garnishment. RI Child support garnishment is mandatory unless the custodial parent asks that the wages not be garnished. The State of RI Child support enforcement will not allow direct pay child support when someone is receiving full services from the state of Rhode Island, Child Support Enforcement. Therefore, all cases involving Child support enforcement must be by wage garnishment.
However, if the child support obligor / payor is an independent contractor, paid cash under the table or self employed then wage garnishment may not be possible.
“According to the law, either parent may request that the Rhode Island Family Court modify the child support order. However, the party requesting the modification, must show a substantial change in circumstances.” State of Rhode Island, office of Child Support Enforcement, Department of Human Sevices http://www.cse.ri.gov/services/modifying_order.php
- “About 85 percent of child support providers were male and 15 percent were female.
- Annual child support payments averaged $5,450 from male providers and $3,500 from female providers.
- About three of every four child support providers had some type of an agreement or court order for support.
- About six-in-10 child support providers paid support for one child, three-in-10 supported two children, and the remaining one-in-10 supported three or more children.
- About 2.1 million providers supported people other than their children younger than 21, with 32 percent of these providing support for their parents.” United States Census Bureau 2010 http://www.census.gov/newsroom/releases/archives/children/cb12-109.html
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More Rhode Island Child Support info here