Child Support Lawyer in Rhode Island

Ensuring your children are taken care of is the top priority during a divorce. Child support is a way for both parents to contribute financially to their child’s upbringing. The goal is to give children the same standard of living they would have had if their parents stayed together.

At Inman & Tourgee, we understand that navigating family court can be complete. As a child custody lawyer in Rhode Island, we understand how to approach these matters to protect your parental rights and your child’s well-being.

How Child Support Is Calculated

Rhode Island determines child support using the Income Shares Model. This model operates on the principle that the child should receive the same amount of parental income as they would have received if the parents were still living together. The calculations follow a standardized Child Support Guideline Worksheet.

The calculation follows a step-by-step process:

1. Determine Gross Income: The court looks at income from all sources for both parents, including wages, bonuses, commissions, workers’ compensation, and unemployment benefits.
2. Apply Deductions: Certain expenses are subtracted to find each parent’s adjusted gross income. Required deductions include the child’s health insurance premiums, work-related childcare costs, and preexisting court-ordered child support for other children.
3. Consult the Guideline Schedule: The combined adjusted gross income of both parents is matched against a state table to determine the basic child support obligation based on the number of children.
4. Divide the Responsibility: The total obligation is divided between the parents in proportion to their income. Generally, the non-custodial parent pays their percentage share to the custodial parent.

Because this can get complex, a family law attorney in Coventry, RI from Inman & Tourgee can best assist you in these matters.

Modifying Child Support Orders

A child support order is not always permanent. As life changes, financial obligations may need to change too. In Rhode Island, either parent can petition the Family Court for a modification. To do so, you must prove that a substantial and material change in circumstances has occurred since the last order was issued.

Common grounds for a child support modification include:

• A permanent involuntary job loss or a significant reduction in income.
• A substantial promotion or income increase for either parent.
• Major shifts in the child’s physical placement or custody schedule.
• High-cost changes in the child’s needs, such as new medical expenses or private tuition.

The court will typically review an order if it has been at least three years since it was last issued or reviewed, or if a new calculation using current incomes would result in at least a 15% difference from the existing order.

Enforcement of Support Payments

Once the court enters a child support order, parents must comply. If a parent falls behind on their obligations, the state can take several actions to ensure children receive their financial support.

This can include:

Withholding Income

Payments are automatically deducted from the paying parent’s paycheck by their employer.

Intercepting Tax Refunds

Intercepting federal and state tax refunds to pay down past-due child support.

License Suspension 

Revoking or suspending driver’s licenses, professional licenses, or recreational licenses.

Passport Denial 

Preventing the renewal or issuance of a U.S. passport if the amount owed exceeds a specific amount.

Contempt of Court 

A judge can find a non-paying parent in willful contempt, which can carry penalties including 

steep fines and jail time.

FAQ about Child Support Lawyers

What does a child support lawyer actually do?

A child support attorney protects your parental rights and ensures your child receives a fair financial arrangement. Their duties include calculating exact state guidelines and representing you directly in front of a family court judge. They also uncover all real sources of a parent’s gross income.

Do I really need a lawyer for a child support case?

While you are legally permitted to represent yourself or use your state’s basic enforcement agency, hiring a private attorney is highly recommended. This is especially true if you suspect your spouse is hiding income or if one parent lives out of state. These cases can present complex situations that an attorney can handle.

Can a lawyer help me if the other parent is intentionally unemployed?

If a parent is intentionally working below their earning potential to avoid paying support, a lawyer can ask the court to impute income. This means the judge will calculate support based on what that parent should be earning given their education, work history, and local job market, rather than their reported $0 income.

Does child support automatically end when a child turns 18?

Not always. While 18 is the standard age of majority in many areas, support obligations can be extended if the child has special needs or if a prior legal agreement requires a parent to contribute to college expenses. A lawyer can help clarify your state’s laws so you do not accidentally stop paying and face penalties.

Speak With a Child Support Attorney

Speaking with a child support attorney from Inman & Tourgee is important to navigate child support in Rhode Island correctly. Trying to do it alone can result in an unfair financial burden or a lack of resources for your child.

An experienced Rhode Island family law attorney can help you explore all avenues of income. They can also uncover hidden assets and guide you through the formal filing process for an official modification. Our team advocates for your rights and, in special circumstances, for higher or lower payments.

Call us today at 401-823-9200 or contact us online to learn more.