Can a parent with Physical placement of a child waive RI child support? The short answer is yes. However, the Providence Family Court will typically leave child support open so that the custodial parent can change their decision at any time and seek child support in the future.
Waiving child support in Rhode Island
If a custodial parent decides they do not want the other parent to be legally obligated to pay child support, then the court will leave child support “open.” When child support is left open, it means that the other parent has no legal obligation to pay ongoing support to the parent with placement of the children. However, the custodial parent can apply to The Rhode Island Family Court, at any time in the future, to seek a child support order.
The decision to not collect child support will not be prejudicial. In other words, the custodial parent can ask for child support at any time, for any reason.
If the parent with physical custody of the child is receiving state assistance, he or she cannot waive ongoing child support because the child support is paid to the State of Rhode Island who has an interest in the matter. In cases where the parents share physical placement of a minor child and the incomes are relatively equal, then both parents often agree to leave child support open.
Child Support in Rhode Island is based on the income shares model and can be determined by using the Rhode Island Child Support Guidelines and RI child support worksheet.
In a Rhode Island divorce, obligations to pay child support are the same as post-divorce and for non-married parents. If you opt to leave child support open and later decide you want child support to provide for your children, then you will need to file a motion in Providence Family Court or in the applicable county for a support order and a court hearing will be scheduled. You will not get a support order until the court determines your motion.