How is Rhode Island (RI) Child Support determined in divorce cases, paternity cases, child support cases and child visitation cases?
In most cases, alimony is determined by the “Rhode Island Family Court Child Support Formula and Guidelines.” In most cases in Rhode Island, the minimum Rhode Island support guideline number is used to determine child support.
However, parents have the right to seek more than the minimum guideline because the guideline should be the minimum amount a parent will receive in child support. In theory, the guides are meant to be a floor rather than a ceiling for support. In fact, minimum guidelines were used in the majority of Rhode Island Support cases. Article by RI Child Allowance Lawyers.
The court has the right to look at the wealth of the parties in determining child support. The Family Court can also see the extraordinary expenses of one of the parties and can see the needs and expenses of the parties. The court can see whatever circumstances the judge deems appropriate in determining child support. If a person is underemployed or refuses to work even though he is able to work, the court can determine the earning capacity of that party. Multiple Jurors consistently go over minimum child support guidelines.
The Rhode Island guidelines use an income-sharing model in which the adjusted gross income of both parents is used to determine the appropriate child support amount. Basically, the guide looks at the combined adjusted gross income of the two parties. Adjusted gross income means the gross income of a party with a certain required deduction from the gross income for health insurance & dental insurance. Another mandatory deduction is for additional minor dependents (children). There are also certain discretionary deductions that some judges allow such as life insurance fees.
After determining the parties’ combined adjusted gross incomes, RI Guidelines should be used to determine whether the state of Rhode Island believes that the two parents with the adjusted gross income will pay support if the parents are still living together. Once that amount is determined, childcare fees are added to that amount.
The noncustodial parent as per the minimum guidelines shall be required to pay a percentage of the amount set out above which is the same percentage of the person’s adjusted gross income to the total adjusted gross income of both parties.
For example: If Mom makes $1000 a month and Dad makes $4000 a month and each has $200 dollars in health insurance payments, then Mom’s adjusted gross income is $800 and Dad’s adjusted gross income is 3800. The combined adjusted gross income of the two is $4600 . Fathers earn $82.6 percent of the parties’ combined adjusted gross income and are required to pay 82.6 percent of the minimum guideline amount plus child care costs.
The next step is to obtain a copy of the latest version of the RI Guidelines. This can be obtained at the Indonesian Family Court or online.
Assuming the parties have two children, child support guidelines indicate that the correct child support amount is $956. assuming no daycare* in this hypothetical, the father would have to pay 82.6 percent or $956 per month to $789.65 per month or $183 per week.
*(if daycare exists then add work-related child care costs minus federal tax credit. Please note that the state of Rhode Island uses a rule of thumb of approximately 75 percent to 80 percent of actual child care costs) As per 2018 child support guidelines, persons the non-custodial parent is also entitled to have a deduction from their gross income for the amount he or she pays for child care.
The guideline in theory and in most cases in reality is the minimum amount a person has to pay. The judge has the discretion to discuss minimum Guidance if there is justification in the circumstances.
The types of circumstances that may justify a judge issuing a support order above the Rhode Island Support guidelines are:
a) Substantial assets
b) a standard of living and expenses that far exceed reported gross income
c) extraordinary expenses and needs relating to the child
If the parties agree to child support under the Rhode Island support guidelines, it will be permitted. These circumstances can include, visits that exceed the norm, payment of extraordinary child fees or even sometimes only based on the agreement of the parties.
