When parents make the difficult decision to separate, or when a divorce becomes inevitable, there are countless issues that must be addressed. One of the most important is child support. Continue reading and contact the Providence divorce lawyers at Caprio Law to learn more about how child support works, how much will be paid, who pays for it, and how long it lasts.
In Rhode Island, child support is intended to formalize and enforce each parent’s obligation to contribute to the financial support of their child. Even where one parent has primary physical custody, the other parent may still be required to contribute financially to help meet the child’s needs. Once a support order is entered, it becomes a legally enforceable obligation.
In many cases, the parent who does not have primary physical custody of the child will pay child support. This parent is commonly referred to as the non-custodial parent. The custodial parent, on the other hand, is presumed to be contributing financially by directly paying for everyday expenses while the child resides with them.
That being said, not every case is the same. In shared custody situations where parenting time is divided more evenly, child support may still be required. Courts will look at how many overnights each parent has with the child and, more importantly, each parent’s income. If one parent earns significantly more than the other, support may still be ordered to balance the financial resources available to the child in both households.
Child support is intended to help address the ordinary costs associated with raising a child. Although support is often paid as a single periodic amount, it is generally meant to assist with the child’s housing, food, clothing, and other routine needs. Certain expenses, such as health insurance, medical cash contributions, and work-related child care costs, may be allocated between parents based on a percentage established by the court.
Rhode Island follows what is known as the income shares model when calculating child support. The basic idea behind this model is that children should receive the same proportion of parental income that they would have received, had their parents remained together. RI has adopted standardized child support guidelines that include a formula and support schedule. Courts are required to apply these guidelines in the vast majority of cases. Generally, the calculation process involves the following:
Rhode Island courts consider a broad definition of income when calculating support. This helps ensure that child support reflects true earning capacity and financial resources. Income may include the following:
If a parent is unemployed or underemployed, the court may impute income. In other words, the court can assign an income level based on earning capacity rather than actual current earnings. This prevents a parent from reducing income in an effort to lower support obligations.
Though gross income is the starting point, certain deductions and adjustments are permitted under the guidelines. These may include the following:
Yes. The custody and parenting schedule can affect the final child support calculation in Rhode Island, but shared parenting time does not automatically eliminate support. The court still looks to the parties’ incomes and applies the guideline framework in determining whether support is owed and in what amount.
Child support in Rhode Island generally ends under the following circumstances:
There are, however, certain exceptions and potential extensions. They are as follows:
It is important to note that child support does not always terminate automatically. A parent may need to file a motion with the court to formally end the obligation.
If a parent fails to pay court-ordered child support in Rhode Island, enforcement options are available. Our team can assist you with filing a motion to adjudge in contempt. Depending on the circumstances, enforcement can include wage withholding and other collection mechanisms authorized by law. If a parent can no longer afford the current order due to a legitimate change in circumstances, the proper course is generally to seek modification rather than simply stop paying.
Yes. In Rhode Island, child support may be modified if there has been a substantial change in circumstances. Whether a modification is warranted depends on the facts of the case and the parents’ current financial circumstances. For example, a significant change in income, whether due to job loss, a new position, or increased earnings, may justify revisiting the existing order.
If you have any additional questions about child support, our family lawyers are here to help. Whether you’re being asked to pay child support or are looking to receive it, please don’t hesitate to contact the divorce lawyers at Caprio Law for an initial consultation today so we can discuss your needs.
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