Wednesday, May 25, 2011

Modification of Child Support, Visitation, or Custody

Under the RI Family Court guidelines, if you have had a significant change in your circumstances, meaning loss of income, mobility, or living quarters, or other crisis, you may be eligible for modification of your child support payments. In addition, you may have your visitation or custody (if you are the parent with physical placement) altered to reflect your changed situation.

In most cases, the parent asking for the modification, must prove that the change in circumstances is substantial enough to warrant the changes requested in the motion. The changes requested will be reviewed and cannot be something that was previously contemplated, or show any signs of being manipulated by one party or the other.

To make any changes to existing child support, visitation, or custody orders however, you will need to file a formal motion with the court. Although the decision is not automatic and may not be granted in your favor, it is always advisable to contact a family court lawyer and obtain more information if you are facing unemployment, homelessness, health issues or a crisis of any kind.

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