Divorce cases involving children often require a court decision regarding which parent should have physical and/or legal responsibility for a child. Whether they granted joint or sole custody, physical custody (placement) designates where the child will actually live. The parent who the child resides with most of the time(at least 51%) is considered the placement parent.
The non-custodial parent almost always will be required to provide for a child or children in the form of child support, which is paid to the placement parent. Strict guidelines are used by the court to determine the amount of child support to be paid.
How Child Support is Determined
Both parents’ income and expenses are used to establish how child support is determined and paid. Child Support Guidelines are applied to all child support orders and judgments to be used by the Justices of the Family Court.
according to Statutory law, many considerations are technically to be taken into account when establishing Child Support Guidelines, including parental financial responsibility, the child’s survival needs, minimizing negative changes to the child’s standard of living, and protecting each parent’s basic level of income. The guidelines also recognize parents face additional expenses of maintaining two separate households. As a result, non-monetary contributions and involvement of both parents, as well as monetary contributions, are considered. Finally, the importance, availability, and cost of health care coverage for the child is also a significant contributor to the Child Support Guidelines.
The Child Support Guidelines Worksheet
However, the reality is that in almost every case child support is determines by the use of a Child Support Guidelines Worksheet to figure out how much child support to order. The Worksheet is used to calculate the amount of income from each parent and basic needs of the child/children.
When completing the Worksheet, the focus in almost entirely upon income. Expenses hardly ever matter. The only expense court will consider is Alimony payments to another spouse, child support payments to another mother or health insurance expenses. General living expenses are almost never considered.
The parent who will receive child support payments is called the “Recipient,” and the parent who pays the child support is called the “Payor.” The minimum child support order is $25 per week. Additionally, the judge will need to know the number and ages of children in order to properly calculate support.
How to Get a Child Support Order
To begin the process of receiving child support, the custodial parent files a written request through the Family Court.
When filing for divorce, you can file your divorce in the County where you currently live, or where the other party currently resides.
Before filing a miscellaneous Complaint for Support, without divorce, paternity must be legally established for parents who were never married. This can be done through a voluntary acknowledgment of paternity, or the court can be petitioned for a Complaint to Establish Paternity in the county where the child lives. If you are listed on the birth certificate, then child support is conclusively established.
How Child Support Payments are Made
Once child support is determined and legally ordered, payments are paid to the State of Rhode Island Office of Child Support (DOR) through a wage garnishment. The amount ordered is removed from the non-custodial parent’s wages by their employer and sent directly to the State, who sends it to the custodial parent.
Understanding the child support process and guidelines in Rhode Island can be a daunting task. Our legal experts can help if you need assistance in establishing, enforcing, or changing a child support order. Please contact us today to schedule a consultation and discuss your options.
