1) What if my child’s parents work overtime? Will overtime be included in child support?
There is no law or standard regulation in Rhode Island regarding whether or not unenrolled parental overtime is used to calculate child support. A Judge in Rhode Island has consistently ruled that overtime compensation cannot be used to calculate child support.
Another jury in Rhode Island had a different opinion on overtime. The Family Court is a court of equality and justice. Jurors in Rhode Island will usually look at whether or not someone has consistently worked overtime over a sufficiently long period of time. Judges can also see whether or not overtime is consistently offered to spouses. If overtime is rarely or usually not offered Judges may hesitate to count overtime as a factor in child support. In such cases, many lawyers argue that a person’s income should be calculated using their W2 or gross income for a calendar year. By calculating gross income for a calendar year even infrequent overtime is an element of child support.
The judge can also look at other factors such as the needs and expenses of both parties and extraordinary expenses for children. At least one Judge has suggested that the owning parent get a percentage of the overtime worked by the non-owning parent. Another jury in Rhode Island believes that overtime should always be a factor in child support. Often overtime issues are negotiated by lawyers before a formal decision is made by the judge.
2) My child will be 18 years old but still in high school and living at home, can I still get child support?
Under Rhode Island Law, child support must end when a child turns 18 and graduates high school. If the child is still in high school, then child support will continue until the child is 19 years old.
Child support in Rhode Island automatically continues even after a child turns 18 unless a Motion to stop child support is filed. If you are a non-ownership parent, your best option is to contact an attorney to file a Motion to End Child Support approximately 40 days before your child turns 18 and graduates high school. This means that the motion will be heard on a court date as soon as the child turns 18. Please note that a dispossessed parent can still be considered contemptuous for failing to pay child support even after the child turns 18 if no motion has been served to stop child support. If a child has a serious disability, child support will continue until the child turns 21.
3) Can I ask my child’s father to pay for my child’s college tuition?
In Rhode Island, the Courts do not have jurisdiction to order parents to pay for their children’s college education. However, if based on a Property Settlement Agreement or other contract, one of the parties agrees to pay for the child’s education, then that agreement can be enforced by a court. Therefore, if you want your child’s parents to pay for your child’s college education, then you must negotiate the payment of college fees as part of a global settlement of a divorce or custody agreement or other similar agreement.
4) Who will pay for my childcare?
Rhode Island’s minimum child support guidelines take into account the importance and cost of child care. Child support guidelines and worksheets are used to determine the exact amount of child support to be paid by non-owning parents. The bottom line is that either party will be ordered to pay roughly the same percentage of childcare created by the related party as the percentage of both parties’ combined gross income.
For example: If the husband earns $100,000.00 and the wife earns $50,000.00, the combined gross income for the parties is $150,000.00. Therefore, the husband gets 66 percent of the income and will be ordered to pay 66 percent of child care in addition to child support. (There may be an adjustment to account for federal tax credits.) This amount is added to the Child Allowance Guide minimum.
5) How do I change, increase, or terminate child support in Rhode Island?
In Rhode Island child support can only be modified if there is a substantial change in circumstances. To have a substantial change in circumstances, the child support amount must be 10 percent more or less than the old child support order. Changes in circumstances can result from loss of job, increase in one party’s income, new dependents, loss of overtime, unemployment, disability, etc.
