In Rhode Island, children are entitled to financial support from both parents, regardless of whether the parents were married at the time of the child’s birth. When unmarried parents separate or were never in a relationship, questions about child support, paternity, and parental responsibilities often arise. Rhode Island law ensures that children receive the financial support they need, and parents have legal obligations to contribute to their child’s well-being.
Establishing Paternity in Rhode Island
Before a parent can seek child support, paternity must be established if the father is not listed on the birth certificate. Rhode Island law provides several ways to establish paternity:
- Voluntary Acknowledgment of Paternity (VAP) – Both parents can sign a paternity affidavit at the hospital or later at the Rhode Island Department of Health.
- Court-Ordered DNA Testing – If paternity is in dispute, a court may order genetic testing to confirm the biological father.
- Presumption of Paternity – In some cases, a father’s actions, such as caring for the child or presenting themselves as the parent, may create a presumption of paternity, which can be upheld in court.
Once paternity is legally established, the court can issue child support orders and determine each parent’s financial obligations.
How Rhode Island Calculates Child Support
Rhode Island follows the Income Shares Model, which considers the income of both parents to determine child support obligations. The court calculates child support based on:
- Each parent’s gross income (before taxes and deductions).
- The number of children requiring support.
- Healthcare and childcare costs.
- Any pre-existing child support obligations.
The Rhode Island Family Court Child Support Guidelines provide a standardized formula to determine the appropriate amount. While courts typically follow these guidelines, they can adjust the amount if there are special circumstances, such as a child’s medical needs or significant financial hardship.
Modifying a Child Support Order
Child support orders are not set in stone and may require modifications due to changes in circumstances. A parent may petition the Rhode Island Family Court to modify child support if:
- There is a substantial change in income for either parent.
- The child’s needs have changed (e.g., increased medical expenses).
- One parent has additional children to support.
To modify a child support order, the requesting parent must demonstrate that the change is substantial and ongoing.
Enforcing Child Support in Rhode Island
When a parent fails to pay court-ordered child support, Rhode Island offers several enforcement mechanisms, including:
- Wage garnishment – Automatic deductions from the non-paying parent’s paycheck.
- Intercepting tax refunds – Seizing federal or state tax refunds to cover past-due child support.
- Driver’s license or professional license suspension – Revoking licenses for failure to comply with payments.
- Contempt of court proceedings – The non-paying parent may face legal consequences, including fines or jail time.
The Rhode Island Office of Child Support Services (OCSS) helps parents enforce child support orders and locate non-paying parents if necessary.
Seeking Legal Assistance for Child Support Matters
Navigating child support issues as an unmarried parent in Rhode Island can be complex, particularly if paternity needs to be established or if disputes arise over payment amounts. An experienced Rhode Island family law attorney can assist in filing for child support, modifying orders, or enforcing payments.
If you need assistance with child support matters, Attorney Christopher Heberg is ready to advocate for your rights and ensure your child receives the financial support they deserve. Contact his office today to schedule a consultation and discuss your legal options.
