Rhode Island Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support
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FAQ
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.
