Rhode Island Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support: A Comprehensive Guide Introduction: In Rhode Island, after a divorce has been finalized, a significant change in circumstances may warrant a modification or amendment to the original divorce decree regarding child support. When a parent facing financial difficulties needs to decrease the amount of child support payments, they must file a Rhode Island Motion to Modify or Amend Divorce Decree. 1. Rhode Island Motion to Modify Child Support: This type of motion is filed by a parent seeking a decrease in the amount of child support payments they are obligated to pay. It is important to note that it is the burden of the party requesting the modification to demonstrate a substantial change in circumstances. 2. Rhode Island Motion to Amend Child Support: A parent may file a motion to amend child support if they believe there was an error or mistake made in the original divorce decree. This motion is not focused on decreasing child support due to financial hardships but rather seeks to rectify an existing error. 3. Grounds for Modifying or Amending Child Support: To successfully obtain a decrease in the amount of child support payments, the moving party must prove a substantial change in circumstances. Common grounds that may warrant a modification include: a. Loss of employment or reduction in income: If a parent loses their job or experiences a significant decrease in income, this may be considered a substantial change in circumstances justifying a decrease in child support payments. b. Change in healthcare or medical expenses: If the child's healthcare or medical needs have changed since the original divorce decree was finalized, this could be grounds for a modification. c. Changes in custody or parenting time: If there has been a significant change in the custody arrangement or parenting time, it may impact the amount of child support required. d. Change in needs of the child: If the child's needs have increased or decreased since the divorce decree was issued, it may warrant a modification. 4. Process of Filing the Motion: To file a Rhode Island Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support, follow these steps: a. Prepare the motion: Clearly state the reason for the requested modification, provide supporting documentation, and calculate the proposed new child support amount. b. File the motion: Submit the completed motion along with any necessary supporting documents to the appropriate Rhode Island family court. c. Serve the other party: Serve a copy of the motion on the other parent or their attorney according to Rhode Island's service of process rules. d. Attend the hearing: Both parties will be required to attend a hearing before the court. Be prepared to present evidence supporting the requested modification. Conclusion: When financial circumstances change significantly, it is crucial to understand the legal process and requirements for obtaining a decrease in child support payments in Rhode Island. Filing a Rhode Island Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support can help parents address their financial challenges while ensuring the best interests of the child are respected. Remember, seeking the guidance of an experienced family law attorney can greatly assist in navigating the complexities of modification proceedings.
Rhode Island Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support
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In most cases, child support obligations end when a child reaches the age of 18 or when the child graduates from high school. However, payments do not stop automatically on the child's birthday. The parent must file a motion to terminate child support with the Rhode Island Family Court.
Child support payments are usually made through wage withholding?an automatic deduction from the non-custodial parent's paycheck. If this is not possible, the parent can make payments to the Family Court. Child support payments cannot be given directly to the child or the custodial parent.
In Rhode Island, the custodial parent acts as the child's primary caretaker and is entitled to receive child support payments. The non-custodial parent, who shares either joint custody or visitation rights with the custodial parent, is obliged to pay child support.
Rhode Island law says that fathers have a right to have parenting time with their kids. However, the father needs to be deemed a fit parent by the court. Furthermore, fathers also have a right to be with their children regularly, frequently and for a duration of time.
In Rhode Island, the amount of child support is figured based on a percentage of each parent's income, and parenting time doesn't factor into the formula.
Motion to Adjudge in Contempt-If a non - custodial parent falls behind in his/her child support payments, a motion to adjudge in contempt may be filed by the child support agency. The filing of this motion is triggered when four (4) months worth of child support is due and owing.
Child support in Rhode Island ends at age 18, or until 90 days after the child graduates from high school, but not beyond the age of 19.
While there is no set age for a child to decide not to visit with one parent or to change a visitation schedule, the Court may consider the child' s preference. In doing so the Court will consider the child's age, maturity and reasons provided for wanting or not wanting to visit with a particular parent.