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Motions to Modify Child Support in Rhode Island
How is Child support modified in Rhode Island divorce and family law cases?
Child support in Rhode Island is not automatically modified when there is a change in circumstances. The parent must file a motion to modify child support. When a motion for modification of child support is filed a court date will be set by the clerk of the Rhode Island Family Court. In order to modify child support there must be a substantial change in circumstances. Under Rhode Island Law, a new child support amount does not run retroactive to when the circumstances actually changed! The new child support order should run retroactive to the date of the filing of the motion.
Therefore, you should not wait too long after circumstances change until you file for a modification of Rhode Island Child Support. There must be at least a ten percent change for a modification to occur unless the party agrees otherwise. You should contact a Rhode Island Divorce or Family law lawyer / attorney to see whether you are eligible for a modification of child support.
What may constitute a substantial change in Circumstances pursuant to Rhode Island family / child support law?
To file for divorce in Rhode Island, a person must be a resident of the state for at least one year. The courts will, however, allow a person who has lived in the state less than one year to file if the respondent spouse has lived in the state for the required time period.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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