• Home
  • Firm Overview
  • Attorney Profiles
    • Jerry L. McIntyre
    • Deborah Miller Tate
    • Robert S. Parker
    • Robert Joseph Sgroi
    • Stephen M. Prignano
    • Laura Ruzzo Reale
    • Nicholas Hunt
  • Family Law
    • Adoption
    • Child Custody
    • Child Support
    • Visitation
    • Common Law Marriage
    • Divorce
      • Uncontested Divorce
      • High Net Worth Divorce
      • Celebrity & High-Profile Divorce
    • Domestic Violence
    • Grandparent’s Visitation Rights
    • Parental Relocation
    • Modifications
    • Post-Divorce Issues
      • Enforcement of Orders
    • Premarital & Cohabitation Agreements
    • Property Settlement
    • Same Sex Relationship Issues/Divorce
    • Uncovering Hidden Assets
    • Unmarried Couples
  • Civil Law
    • Business and Commercial Litigation
    • Class Actions
    • Construction Defect Litigation
    • Contract Disputes
    • Disability Insurance Litigation
    • Insurance Litigation
    • Media Liability
    • Personal Injury
    • Product Liability
    • Professional Malpractice Litigation
  • Firm News
  • Blog
    • 2022
      • December
      • November
      • October
      • September
      • August
      • July
      • June
      • May
      • April
      • March
      • February
      • January
    • 2021
      • December
      • November
      • October
      • September
      • August
      • July
      • June
      • May
      • April
      • March
      • February
      • January
    • 2020
      • October
      • September
      • July
      • June
      • May
      • April
      • March
      • January
    • 2019
      • December
      • November
      • May
      • February
    • 2018
      • September
      • June
      • February
      • January
    • 2017
      • December
      • November
      • September
      • August
      • June
      • May
      • April
      • March
      • February
      • January
    • 2016
      • December
      • November
      • October
      • September
      • August
      • June
      • May
      • April
      • March
      • January
    • 2015
      • December
      • November
      • September
      • August
      • July
      • June
      • May
      • April
    • 2014
      • December
      • November
      • June
      • May
      • January
    • 2013
      • December
      • November
      • July
      • June
      • April
      • March
      • February
    • 2012
      • August
  • Contact Us
  • Call Today
  • Email Us
  • Our Map
    • McIntyre Tate LLP
    • 401.351.7700
    • Home
    • Firm Overview
    • Attorney Profiles
      • Jerry L. McIntyre
      • Deborah Miller Tate
      • Robert S. Parker
      • Robert Joseph Sgroi
      • Stephen M. Prignano
      • Laura Ruzzo Reale
      • Nicholas Hunt
    • Family Law
      • Adoption
      • Child Custody
      • Child Support
      • Visitation
      • Common Law Marriage
      • Divorce
        • Uncontested Divorce
        • High Net Worth Divorce
        • Celebrity & High-Profile Divorce
      • Domestic Violence
      • Grandparent’s Visitation Rights
      • Parental Relocation
      • Modifications
      • Post-Divorce Issues
        • Enforcement of Orders
      • Premarital & Cohabitation Agreements
      • Property Settlement
      • Same Sex Relationship Issues/Divorce
      • Uncovering Hidden Assets
      • Unmarried Couples
    • Civil Law
      • Business and Commercial Litigation
      • Class Actions
      • Construction Defect Litigation
      • Contract Disputes
      • Disability Insurance Litigation
      • Insurance Litigation
      • Media Liability
      • Personal Injury
      • Product Liability
      • Professional Malpractice Litigation
    • Firm News
    • Blog
      • 2022
        • December
          • Can I Get Temporary Orders During a Pending Divorce?
          • Do Gifts Count Toward Satisfying Child Support Obligations?
        • November
          • How Does My Ex’s Income Affect My Spousal Support Award?
          • Attorney Deborah M. Tate Elected To The Board of Directors of the AAML Foundation
          • When Can a Judge Deviate from the RI Child Support Formula?
        • October
        • September
          • Fault Can Still Be a Factor in a No-Fault Divorce
          • What Happens if My Spouse Ignores the Divorce Papers?
        • August
        • July
          • Will I Get Physical Custody Placement if I’m Awarded Legal Custody?
          • National Grid Found Not Liable for Injuries of Trespasser
          • Attorney Stephen M. Prignano selected to the 2022 Rhode Island Super Lawyers list
          • What Happens to Child Support After the Death of a Parent?
        • June
          • 7 Motorcyclist Tips to Stay Safe this Summer
          • Partner Deborah Miller Tate & Partner Stephen M. Prignano Awarded Professional Excellence Award by Rhode Island Monthly
          • Lawmakers Consider Law for Pet Custody in Rhode Island
        • May
          • How Does a Judge Determine Whether to Award Alimony?
        • April
          • Divorce Issues Unique to LGBTQ+ Couples
        • March
          • Attorney Deborah Tate Featured in Bradley Hospital Bulletin
          • Can I Get the Marital Home in My Divorce Settlement?
        • February
          • Living Together Does Not Establish a Common-Law Marriage
          • Nicholas Hunt Joins Legal Team at McIntyre Tate LLP
        • January
          • Cohabitation Agreements Protect Couples Who Choose Not to Marry
      • 2021
        • December
          • 7 Steps to Prepare for Divorce Before Filing
          • Can Unsupervised Visitation Be Reinstated in Child Custody?
        • November
          • Does Child Support Stop at the Age of 18?
          • Attorney Deborah Tate Quoted About COVID-19 Disputes in Divorce
          • Cohabitation Agreements Protect Couples Who Choose Not to Marry
        • October
          • How Adoption Works in Rhode Island
          • What Are the Requirements to Adopt a Child in Rhode Island?
        • September
          • Is Your Spouse Hiding Money? Create a Fair Divorce Settlement
          • Can a Judge Invalidate a Prenuptial Agreement?
          • Unwed Mothers Can Receive Child Support
          • How Does Divorce Affect Adult Children?
          • Attorney Stephen M. Prignano Recognized by Best Lawyers®
        • August
          • How Do the Courts Handle Animal Cruelty and Neglect Cases?
          • Forcing Your Ex to Obey the Divorce Decree
          • Laura Ruzzo Reale Recognized by Best Lawyers: Ones to Watch in 2022
        • July
          • Where to Find Hidden Assets in Divorce
          • U.S. Divorce Rate Hits 50-Year Low
        • June
          • How to Uncover Hidden Assets in a Divorce
        • May
          • Factors Impacting Spousal Support in Rhode Island
        • April
          • The Importance of Establishing a Prenup in a High Net Worth Divorce
          • Attorney Deborah Tate Quoted in The Providence Journal Article on COVID-19 & Divorce
        • March
          • How to Avoid Getting Sued as a Member of the Media
          • Laura Ruzzo Reale Elected to Partner of McIntyre Tate LLP
        • February
          • How Long Do You Have to Pay Spousal Support?
        • January
          • Understanding Parenthood for Same-Sex Couples
      • 2020
        • October
          • Stephen M. Prignano of McIntyre Tate LLP Recognized in 27th Edition of The Best Lawyers in America©
        • September
          • Laura Ruzzo Reale: Best® Lawyers® in America “Ones to Watch” Award
        • July
          • Can I Reduce My Spousal Support Payments?
        • June
          • How COVID-19 Turned Business Insurance into a Legal Battleground
          • Stephen Prignano Quoted in Rhode Island Lawyer’s Weekly Regarding the Impact of COVID-19 on Business Interruption Insurance Clai
        • May
          • Will Infidelity Affect My Divorce Settlement?
          • Brown University Student Represented by Hagens Berman and McIntyre Tate Files Class Action Lawsuit Over COVID-19
          • COVID-19 Helpline Featured in Providence Journal
        • April
          • How COVID-19 Affects Guardians
          • American Academy of Matrimonial Lawyers Issues Guidelines for Divorced Parents Sharing Custody of their Children During the Covi
          • McIntyre Tate LLP Launches Free COVID-19 Helpline
        • March
          • Rhode Island Superior Court Announces COVID-19 Business Recovery Plan
        • January
          • Methods of Dividing Damages in Divorce
          • Contempt for Unpaid Child Support
      • 2019
        • December
          • Are Millennials Really Divorcing Less Often Than Past Generations?
          • Think About This When Divorcing as an Entrepreneur
          • Celebrating 25 Years of McIntyre Tate LLP
          • Overview of Supervised Parenting Time in Rhode Island
          • Property Division in Rhode Island - Transmutation
          • McIntyre Tate team of Attorneys Deborah Tate and Robert Parker Win in Parental Relocation Case
        • November
          • Questions to Ask Your Divorce Attorney Right Away
          • Attorney Prignano Selected to Best Lawyers in America® 2020
          • Visitation Schedules in Rhode Island: Residential, Holiday & Vacation
          • McIntyre Tate Ranked in 2 Practice Areas by U.S. News – Best Lawyers® “Best Law Firms”
        • May
          • Attorney Stephen M. Prignano of McIntyre Tate LLP Presented with 2019 Community Champion Award
          • Pet Custody & Visitation: Important Decisions in Your Divorce
        • February
          • Attorney Deborah M. Tate has been chosen as an honoree at the Rhode Island Lawyers Weekly “Excellence in the Law” event
      • 2018
        • September
          • Attorney Prignano of McIntyre Tate Has Been Selected as a 2019 Best Lawyers® Member
          • Upcoming Divorce & Estate Planning Seminar to Feature Attorney Stephen Prignano
        • June
          • Common Law Marriage: Luis vs. Gaugler
        • February
          • Solving Contract Disputes That Bother Your Business
        • January
          • What You Need to Know About the New Alimony Tax Laws
          • Pet Leases: A New Trend
      • 2017
        • December
          • Relocation Cases in Divorce: Who Stays with the Children?
        • November
          • Client Buys Dog in China with Now-Ex-Boyfriend, Ownership Issue Arises
          • Attorney Stephen M. Prignano Selected to 24th Edition of The Best Lawyers in America® for Commercial Litigation
          • Rhode Island Child Custody Laws for Unmarried Parents
          • Attorney Deborah M. Tate Elected to Bradley Hospital Foundation Board of Governors
        • September
          • Do You Need a Divorce Lawyer?
        • August
          • Best Lawyers in America© Recognizes Attorney Deborah Tate for Family Law
        • June
          • How Can Wasteful Dissipation Impact Your Divorce?
          • Attorney Stephen Prignano Leads Panel at Rhode Island Bar Association Annual Meeting
          • Courts continue to address the definition of "parent" to extend beyond the traditional "normal" gender considerations to now inc
        • May
          • Robert J. Sgroi Lectures at National Business Institute Seminar
          • Attorney Tate Discusses Joint Custody Concerns with Super Lawyers®
          • South Carolina Rules on Same-Sex Common Law Marriage
        • April
          • Rhode Island Supreme Court Rules in Glassie v. Doucette
        • March
          • Former Spouse Cannot Seek Modification of Divorce Agreement in Rhode Island Federal Court
          • Rhode Island Legislator Proposes Family Court Custody Jurisdiction for Pets in Divorce and Separation Proceedings
        • February
          • The Rhode Island Supreme Court Affirms a McIntyre Tate LLP Win in the Rhode Island Family Court
          • Attorney Stephen Prignano to Speak at Lunch and Learn Seminar
        • January
          • Obtaining a Restraining Order in Rhode Island
          • Types of Child Custody in Rhode Island
          • Adoption Tax Credit
          • Rhode Island Supreme Court Upholds Child Support Guidelines
          • Attorney Stephen Prignano to Receive Champions of Justice Award
      • 2016
        • December
          • Six Modern Divorce Trends
          • Attorney Deborah Miller Tate Comments on Federal Domestic Relations Decision
        • November
          • NOVEMBER IS NATIONAL ADOPTION MONTH
          • New Trend In Custody: Nesting, Sharing A Single Home
          • How is a common law marriage established in Rhode Island?
        • October
          • Attorneys Deborah Tate & Stephen Prignano to Give Domestic Law Seminar
          • Three McIntyre Tate Attorneys Named New England Super Lawyers by Thomson Reuters for 2017
          • NY Court Awards Sole Custody to Father after Mother Attempts to "Brainwash" Child
          • Social Media Evidence Becoming Important in Divorce and Custody Cases
          • Partanen v. Gallagher: Supreme Judicial Court of Massachusetts holds that the absence of a biological relationship with a child
          • Attorney David J. Strachman Quoted in Bloomberg News
        • September
          • Navigating a "Gray Divorce"
          • Life Insurance in Divorce
        • August
          • Three McIntyre Tate LLP Attorneys to Present at National Business Institute Course
          • Stephen Prignano Quoted About Rhode Island Rules of Professional Conduct
          • Two McIntyre Tate LLP Attorneys Honored by Best Lawyers®
        • June
          • Gay Custody Disputes
        • May
          • Stephen Prignano selected to edit Rhode Island chapter of the Media Law Resource Center's book
          • Deborah Tate selected again for The Best Lawyers in America
        • April
          • McIntyre Tate obtains sucessful ruling in Ninth Circuit
        • March
          • Stephen Prignano profiled in Rhode Island Lawyer's Weekly
        • January
          • McIntyre Tate partner David Strachman publishes article on Equitable Adoption
      • 2015
        • December
          • R.I. Supreme Court Rules on Post-Divorce Life Insurance Case
          • Grandparents visitation rights in Rhode Island
          • Robert Sgroi Named 2015 Kent County Lawyer of the Year
        • November
          • New restrictions on surrogacy
          • Rhode Island Supreme Court Adoption Decision
          • Stephen Prignano quoted about drone operations
          • McIntyre Tate LLP client testifies before the U.S. Senate
        • September
          • The Right to Dispose of Decedent's Remains Includes Choosing Content on Headstone
          • Stephen Prignano interviewed in Rhode Island Lawyers Weekly on Uber litigation and class action appeal
          • Stephen Prignano to speak on family law
        • August
          • Laura E. Ruzzo joins McIntyre Tate LLP
          • McIntyre Tate LLP partner Stephen Prignano selected a Best Lawyer
        • July
          • Jerry McIntyre and Deborah Tate selected Best Lawyers
        • June
          • Deborah Tate to speak to Rhode Island CPAs
        • May
          • McIntyre Tate successful in Supreme Court civil rights appeal
          • Elder law information for guardians and substitute decision makers
        • April
          • Changes in Rhode Island DUI laws
          • Deborah M. Tate receives Harvard negotiation certificate
          • McIntyre Tate LLP partner featured in Providence Journal article
          • Stephen Prignano joins McIntyre Tate LLP
          • Decline in international adoptions
      • 2014
        • December
          • McIntyre Tate attorney is successful in obtaining a writ of certiorari in Rhode Island Supreme Court
        • November
          • Superior Court upholds marital settlement agreement trumps pension beneficiary designation
          • Planning for Divorce
          • DEBORAH M. TATE TO SPEAK at "SUPER WOMAN IS A MYTH-- Women, Wealth and Wisdom Series"
        • June
          • Deborah M. Tate And Jerry Mc Intyre Named To Best Lawyers Again
          • RI Supreme Court overturns Family Court ruling on intersection of retirement benefits and alimony.
        • May
          • Rhode Island Supreme Court Overturns Family Court Divorce Ruling
        • January
          • Healthcare agent's financial agreements with nursing home voided
          • McIntyre Tate LLP named a Tier 1 Law Firm
      • 2013
        • December
          • Rhode Island Supreme Court upholds deceased ex-husband's actions under property settlement agreement
        • November
          • RI Supreme Court Upholds Divorce Health Insurance Agreement
          • Robert Parker successful in Rhode Island Supreme Court.
        • July
          • Deborah M. Tate Esq. Named to R.I. Board of Bar Examiners
        • June
          • RI Supreme Court Divorce Decision
          • Rhode Island Supreme Court upholds Family Court divorce decision against absent husband
          • Supreme Court uphold DHS medical assistance claim
          • Rhode Island Supreme Court upholds child custody decision
        • April
          • Nationally alimony laws are being reviewed.
          • Adoption case at U.S. Supreme Court
          • McIntyre Tate LLP attorney David Strachman speaks on executing Durable Powers of Attorney for Healthcare
          • Deborah M. Tate quoted in Providence Journal
          • The rights of unmarried couples in Rhode Island
          • Obtaining Adoption Records
        • March
          • Rhode Island's Voluntary Adoption Registry
          • RI Supreme Court rules in favor of patient killed by nurse overdose.
          • McIntyre Tate LLP attorney David Strachman speaks on terrorism law
        • February
          • Deborah M. Tate Selected to Bar Register of Preeminent Woman Lawyers.
      • 2012
        • August
          • Jerry McIntyre and Deborah Tate Among Best Lawyers in America
    • Contact Us
401.351.7700
McIntyre Tate LLP
Schedule a Consultation
401.351.7700
Home > Blog > 2022 > November > When Can a Judge Deviate from the RI Child Support Formula?
Nov 2, 2022

When Can a Judge Deviate from the RI Child Support Formula?

Posted By McIntyre Tate LLP

Like other states, Rhode Island has a formula to determine basic child support obligations. The federal government requires states to follow certain standards while allowing for customization.

The basic calculation for child support does not always meet the needs of the child or is otherwise unfair to the child or either parent. When this is the case, the judge has the authority to deviate from the formula. All support decisions are based on the best interests of the child.

The judge can deviate from the formula in a variety of situations:

  • To uphold the standard of living the child would have had if the parent had not divorced
  • To meet the extraordinary educational, physical, or emotional needs of the child
  • The custodial parent’s financial resources can dictate higher or lower support amounts
  • The noncustodial parent’s financial resources or needs can necessitate a change from the formula
  • The child has sources of income

Whenever a judge does not follow the established guidelines, they must justify in writing why they determined the support in the manner they did.

Basic Child Support Obligations

The combined monthly income of the parents (minus mandatory deductions) and the number of children needing support are the building blocks of Rhode Island’s support obligations. The state has a basic support obligation schedule that breaks down the financial responsibility. The table begins at $1,200 combined monthly income and continues in $50 increments to $35,000 per month.

At each increment, the amount of support is shown based on the number of children involved. If the parents have one child and make a combined $1,200 monthly, the support obligation is $50. Parents making $35,000 monthly with six children have a $6,632 monthly obligation.

Income Shares Model

Both parents have a legal and moral responsibility to financially support their children. Rhode Island uses the income shares model to divide the required support proportionally to each parent’s income. Looking again at the last example with parents making $35,000, one parent makes 60% of that total. They would be responsible for 60% of the $6,632, or $3,979.20. If that person is the noncustodial parent, they will pay their obligation to the other parent. If they are the custodial parent, they will receive 40% of the total, or $2,652.80, from the other parent.

Rhode Island typically requires income withholding with new or modified orders except if parents have entered a written agreement with a different arrangement.

Child support ends when the child turns 18 unless they are still enrolled in high school. Support can then continue until the age of 19. Courts can order child support until age 21 for children with a severe disability. A parent who disobeys a child support order can be held in contempt of court.

Legal Counsel for Complex Child Support Matters

Despite the use of the formula, child support can be complicated. At McIntyre Tate LLP, we go beyond the basics.

In addition to the mandatory deductions, you might have discretionary deductions that can reduce your overall monthly income. We are also skilled at detailing extraordinary expenses that demand a higher child support amount. Whether you need a strong voice in negotiations or in front of a judge, our legal team is tenacious, knowledgeable, and prepared.

Do you have questions about child support? Schedule a consultation with one of our skilled attorneys by sending us a message online or calling (401) 351-7700.

Categories

  • Child Support
Previous Next

Categories

  • Adoption (9)
  • Alimony (9)
  • Animal Law (3)
  • Business (2)
  • Business Insurance (1)
  • Child Support (9)
  • Contract Disputes (1)
  • COVID-19 (3)
  • Custody (17)
  • Divorce (36)
  • Divorce Alimony (1)
  • Domestic Violence (2)
  • DUI (1)
  • Elder Law (4)
  • Family Law (4)
  • Firm News (65)
  • Gaurdianship (1)
  • Grandparents Visitation (1)
  • Health Insurance (1)
  • Marriage (4)
  • Our Blog (14)
  • Personal Injury (2)
  • Probate (2)
  • Same Sex Couples (4)
  • Senior Citizen Divorce (1)
  • Spousal support (1)
  • Unmarried Couples (5)
  • Visitation (4)

Recent Posts

  • Can I Get Temporary Orders During a Pending Divorce?
  • Do Gifts Count Toward Satisfying Child Support Obligations?
  • How Does My Ex’s Income Affect My Spousal Support Award?
  • Attorney Deborah M. Tate Elected To The Board of Directors of the AAML Foundation
  • When Can a Judge Deviate from the RI Child Support Formula?
  • Fault Can Still Be a Factor in a No-Fault Divorce
  • What Happens if My Spouse Ignores the Divorce Papers?
  • Will I Get Physical Custody Placement if I’m Awarded Legal Custody?

Archives

  • 2022 (21)
    • December (2)
    • November (3)
    • September (2)
    • July (4)
    • June (3)
    • May (1)
    • April (1)
    • March (2)
    • February (2)
    • January (1)
  • 2021 (25)
    • December (2)
    • November (3)
    • October (2)
    • September (5)
    • August (3)
    • July (2)
    • June (1)
    • May (1)
    • April (2)
    • March (2)
    • February (1)
    • January (1)
  • 2020 (14)
    • October (1)
    • September (1)
    • July (1)
    • June (2)
    • May (3)
    • April (3)
    • March (1)
    • January (2)
  • 2019 (13)
    • December (6)
    • November (4)
    • May (2)
    • February (1)
  • 2018 (6)
    • September (2)
    • June (1)
    • February (1)
    • January (2)
  • 2017 (23)
    • December (1)
    • November (4)
    • September (1)
    • August (1)
    • June (3)
    • May (3)
    • April (1)
    • March (2)
    • February (2)
    • January (5)
  • 2016 (22)
    • December (2)
    • November (3)
    • October (6)
    • September (2)
    • August (3)
    • June (1)
    • May (2)
    • April (1)
    • March (1)
    • January (1)
  • 2015 (21)
    • December (3)
    • November (4)
    • September (3)
    • August (2)
    • July (1)
    • June (1)
    • May (2)
    • April (5)
  • 2014 (9)
    • December (1)
    • November (3)
    • June (2)
    • May (1)
    • January (2)
  • 2013 (18)
    • December (1)
    • November (2)
    • July (1)
    • June (4)
    • April (6)
    • March (3)
    • February (1)
  • 2012 (1)
    • August (1)

Contact Us Today

Ready to get started? Fill out the form below, or if you prefer, give us a call at (401) 443-2005. Someone from our office will get back to you.

  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email address.
  • This isn't a valid phone number.
    Please enter your phone number.
  • Please enter your adverse party name.
  • Please select an option.
  • Please enter a message.

Contact Our Rhode Island Attorney

(401) 351-7700

McIntyre Tate LLP

Helpful Links Site Map | Privacy Policy | Law Pay

  • Why Hire Us?
  • Attorney Profiles
  • Family Law
  • Civil Law
  • Forms
  • Contact Us
50 Park Row West,
Suite 109,

Providence, RI 02903 |  View Map [+]
https://www.mcintyretate.com/

Contact Us Today

Ready to get started? Fill out the form below, or if you prefer, give us a call at (401) 351-7700. Someone from our office will get back to you.

  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email address.
  • This isn't a valid phone number.
    Please enter your phone number.
  • Please select an option.
  • Please enter a message.
Site Map | Privacy Policy
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
© All Rights Reserved.
Powered by Scorpion