This form is used to justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
Rhode Island Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support
State:
Multi-State
Control #:
US-00800BG
Format:
Word;
Rich Text
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How to fill out Motion To Modify Or Amend Divorce Decree To Provide For Increase 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.
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.
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.
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 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.
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.