Child Support Attorneys in Rhode Island
Fighting for Child Support Payments in Providence
When parents decide to divorce, they will have to come to an agreement on child custody, and part of that custody agreement may be a provision for child support. These are payments made monthly to the parent with primary custody to help them deal with the reduced income while still having the increased expenses of raising a child.
If you need assistance with your divorce, it is strongly advised that you seek the legal counsel of an experienced Rhode Island attorney. At McIntyre Tate LLP, our highly-accomplished legal team may be able to help you with your child custody needs, including helping you determine a fair and balanced parenting plan with appropriate child support provisions. We are proud of our accolades, including being named to the list of Best Law Firms by U.S. News & World Report for five straight years.
Questions regarding child support? Call McIntyre Tate LLP today at (401) 351-7700 and schedule a consultation.
How is Child Support Determined?
Child support payments can help the spouse with primary custody to maintain their quality of life while bearing the financial burden of raising a child. The amount is determined in two ways: either by mutual agreement between both parents and the approval of the court, or by court judgement after analyzing a number of different factors.
- Child support can be influenced by numerous factors, including:
- Number of children from the marriage
- Gross incomes of both parents
- Any child support from previous marriages
- Healthcare costs
- Daycare costs
Modifying Child Support in Rhode Island
Rhode Island allows parents to petition for modification of their existing child custody order.
- Custodial Parent Request to Modify – A parent can make a request of the Office of Child Support Services to increase their child support order. In order to do so, the custodial parent must state a reason. Those reasons might include: the non-custodial parent’s income has increased, the non-custodial parent is working more hours, the child’s needs have increased, or the custodial parent’s income has decreased.
- Motion for Relief (Self-Represented) – The parent responsible for paying child support can also petition to lower their child support payments. Some reasons can include: loss of job, working fewer hours, loss of family independence program benefits, preventing driver’s license suspension, getting a passport reinstated, or to stop interest.
- Non-Custodial Parent Request for Relief – The main difference between this and the Motion for Relief is that the latter pertains to self-represented litigants.
- Motion for Review and Adjustment – If it has been three years since the last child support order, either parent may file a motion for review and adjustment. This initiates a reassessment of both parent’s current financial situations to determine if any monetary adjustments need to be made to the child support payments
When Does Child Support End in RI?
The state of Rhode Island typically requires child support payments until the age of 18. That is unless, the child becomes legally emancipated. To become emancipated, the child must do at least one of the following:
- Get married - permission is needed by both parents and the court
- Join the military - permission is needed by both parents and the armed forces must approve
- Get emancipated from a judge - you must be able to prove to the judge that you are capable of surviving on your own
If the child is still in high school, financial support may continue until they graduate. Support can also be extended, sometimes permanently, for children who are disabled. Keep in mind, the support order does not automatically cease once the child turns 18. You must petition the court and request a termination.
Quality Representation for Your Best Interests
Because child support can be such a hotly contested provision, it is crucial that you have your best interests protected with legal advocacy from a skilled attorney. At McIntyre Tate LLP, you can trust that our team will keep the needs of you and your family at the forefront throughout your divorce, and we will strive to complete your divorce in a completely satisfactory fashion.
Our team is standing by; contact McIntyre Tate LLP and retain our top-rated counsel today!