Rhode Island Child Support Establishment

How is Rhode Island (RI) Child Support determined in the case of divorce, paternity, and access to children?

Child support in the State of Rhode Island is determined by the Rhode Island Family Court Child Formula Guidelines. For most instances, the minimum amount of support is ordered according to this guideline. A parent it entitled however, to request more than this approach because the guidelines are only intended to give the state a starting foundation, and offer guidance in cases involving alimony.

The court will examine all of the assets of the parties in determining child support. Whatever circumstances the Judge considers appropriate can be examined by the court, including each parties expense and living needs, as well as financial and realty assets. In cases involving an unemployed party, or a party that refuses to work, the court may determine the economic capability of the party rather than basing the guideline on pertinent fact that are not in existence.

The Rhode Island Child Support Guidelines uses a percentage of the adjusted gross income for both parents to determine the actual amount of maintenance payments. A Judge may allow discretionary expenses, such as medical or life insurance premiums, to be deducted from this baseline amount in some cases.

Because the guideline uses a percentage of the difference in the adjusted gross income of both parties, the party that earns more money would be responsible for paying more child support if they are the non-custodial parent.

In some cases a judge may go above the guidelines, and in particular situations where there are excessive assets involved, standards of living that far exceed the reported gross income, or if there are extraordinary and necessary expenses related to the needs of the child.

Expenses such as daycare, private school, and activities expenses are generally not considered when applying the guideline, however, a judge may agree to allow for concessions for these amounts in the determination of support for the minor children.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.