If circumstances have changed and you need to lower your child support, file a motion to modify child support. Pursuant to Rhode Island law, a change in circumstances must be a substantial change in circumstances.
A change in circumstances warranting a motion to modify child support in RI could include:
- unemployment
- disability
- new depedent child or children
- decrease or increase of income, commisions or wages
- ex-girlfriend or ex-spouse increase in income
- decrease or increase of daycare or child care
The Pertinent Rhode Island Child Support statute related to Modification of Child Support is RI General Law Section 15-5-16.2(c)(2). Rhode Island General Law Section 15-5-16.2(c)(2) states:
“After a decree for support has been entered, the court may from time to time upon the petition of either party review and alter its decree relative to the amount of support and the payment of it, and may make any decree relative to it which it might have made in the original suit. The decree may be made retroactive in the court’s discretion only to the date that notice of a petition to modify was given to the adverse party if the court finds that a substantial change in circumstances has occurred; provided, that the court shall set forth in its decision the specific findings of fact which show a substantial change in circumstances and upon which findings of facts the court has decided to make the decree retroactive. The child support order shall continue in full force and effect, by wage withholding, after the youngest child is emancipated, and shall be applied towards any arrearage due and owing, as indicated on the child support computer system. Upon satisfaction of the arrears due and owing the child support order shall be automatically suspended and wage withholding terminated without the necessity of returning to family court.” 15-5-16.2(c)(2)
If you are in need of a Rhode island divorce lawyer or a Providence child support attorney, contact Rhode island family law attorney, David Slepkow.
Legal Notice per RI Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice