Motions to Modify Child Support in Rhode Island-Modification of Child Support by a RI Family Lawyer
By: David Slepkow, Rhode Island Lawyer | Posted: 15th August 2007
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 RI 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. Article by Rhode Island divorce and family law Attorney David Slepkow (401-437-1100)
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?
1. unemployment
2. disability
3. new dependant child
4. decrease in income of either party
5. increase in income of either party
6. increase in cost of daycare
7. increase in cost of medical insurance
8. a change in the financial circumstances of the either parent such as inheritance, acquiring assets
9. either party obtaining social security benefits (SSI or SSDI) or afdc benefits
10. new RI Child Support Guidelines promulgated.
11. loss of overtime income
12 a substantial bonus of either party
13 any other change in circumstances that is recognized by the Court.
About the Author
Occupation: Rhode Island Attorney
David Slepkow is a Rhode Island Divorce lawyer concentrating in Personal Injury, Car / Automobile Accident & Family Law.
David also Practices in the following areas of law: Child Custody / Support and Visitation, Premises Liability, Slip and Fall, out of state family law matters, evictions, criminal law, dui / dwi / breathalyzer refusal and superior court litigation
If you have any questions or need legal help please call David Slepkow at 401-437-1100 or visit his website.
Slepkow Slepkow & Associates, Inc. is well known in Rhode Island for real estate law, residential and commercial closings, business law, personal injury, zoning, wills / trusts and estate planning and Elder Law. Slepkow Slepkow & Associates, Inc was established in 1932.
David Slepkow offers free initial consultations and accepts all major credit cards. David never charges any fee for personal injury cases unless sucessful.
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Tags: ssi, financial circumstances, medical insurance, social security benefits, inheritance, overtime, substantial change, family law attorney