RI Law does not provide for the automatic termination of child support. Rather, a Motion to Terminate Child Support must be heard and granted by a Judge of the Family Court before the original and standing support order will be modified or dropped.
Unlike when filing for a divorce however, the parties are not required to provide the family court with a DR6 unless there is more than one child and support must continue for the remaining children.
Consequently, if there is more than one child involved, the motion will not be for the termination of child support, it will be for the modification of child support. To file a Motion to Modify Child Support, the parties do need to present current income and expense information in the form of a DR6.
When a supported child reaches the maximum age of 19 or graduates from high school, whichever arrives first, child support may be terminated. Under special circumstances involving disable children, support may continue beyond the age of 19 up to the age of 21, or if good cause is found, to as much as 3 months after high school.
A motion to terminate child support needs to be filed with the court in advance of the child's graduation date, or the child's 18th birthday.
Depending upon how busy the court is, the motion may not be heard for 30-40 days. Following the hearing, it is imperative that your attorney file the necessary documents and paperwork to effectively terminate the support order. Until this process is completely, you only have in essence a court order, and support will continue to be deducted until a wage garnishing authority is told otherwise.
If you or someone you know would like to terminate child support payments for a child who is 18 or older, or would like to modify child support payments in RI, contact my office for a convenient appointment at (401) 942-3100 or by email at rpa@alveslaw.com
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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.
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