Rhode Island Child Benefit Law Frequently Asked Questions – Day Care, Overtime, Amendment, College, and Termination

1) What if my child’s father works overtime? Will overtime be included in child support?

There is no standard rule or law in Rhode Island as to whether or not a non-possessive parent’s extra work will be used to calculate child support. One Rhode Island judge has consistently ruled that overtime compensation cannot be used to calculate child support.

Other Rhode Island judges have different opinions on overtime. The family court is the court of justice and equity. Judges in Rhode Island will usually consider whether or not a person has worked overtime consistently over an extended period of time. Judges may also consider whether or not overtime is continually offered to the spouse. If overtime is rare or not usually offered, judges may be reluctant to count overtime as a factor in child support. In this case, many attorneys argue that a person’s income should be calculated using W2 or gross income for the entire calendar year. By calculating gross income over a full calendar year, even infrequent overtime becomes an element of child support.

Judges may also consider other factors such as the needs and expenses of both parties and any unusual expenses for the child. At least one judge has suggested that the earning parent earn a percentage of the overtime that the non-owning parent works. Other Rhode Island judges believe that overtime should always be a factor in child support. The matter of overtime is often negotiated by attorneys before any formal ruling by a judge.

2) My child is about to turn 18 but is still in high school and living at home, can I still get child support?

Under Rhode Island law, child support must end when the child turns 18 and graduates from high school. If the child is still in high school, child support will continue until the child turns 19.

Rhode Island child support automatically continues even after the child turns 18 unless an application is made to end the child support. If you are a non-possessive parent, your best option is to contact an attorney to file an application to terminate child support approximately 40 days before your child turns 18 and graduates from high school. This means that the application will be heard at a court date shortly after the child turns 18. Please note that a non-possessive parent can still be found in contempt for not paying child support even after the child turns 18 if a motion to end child support has not been granted. If a child has a serious disability, child support must continue until they turn 21.

3) Can I ask the father of my child to pay for my child’s college education?

In Rhode Island, the court does not have jurisdiction to order a parent to pay for his/her child’s college education. However, if a party agrees, pursuant to a property settlement agreement or other contract, to pay for the child’s education, then that agreement can be enforced by a court of law. Therefore, if you seek to have your child’s father pay for his or her college education, you must negotiate payment for college expenses as part of a global settlement of a divorce, custody, or other similar agreement.

4) Who will pay for my child’s care?

Rhode Island minimum child support guidelines take into account the importance and cost of day care. The child support guidelines and worksheet are used to determine the appropriate amount of child support to be paid by the non-owning parent. The bottom line is that the party will be required to pay roughly the same percentage of custody that the party does in respect of that party’s percentage of the total combined income of both parties.

For example: If the husband earns $100,000.00 and the wife earns $50,000.00, the total combined income of both parties is $150,000.00. Therefore, the spouse receives 66 percent of the income and will be required to pay 66 percent of custody as well as child support. (There may be an adjustment to account for the federal tax credit.) This amount is added to the minimum child support guideline amount.

5) How do I modify, increase, or end child support in Rhode Island?

In Rhode Island, child support can only be modified if there is a fundamental change in circumstances. In order to obtain a material change of circumstances, the child support amount must be 10 percent more or less than the old child support order. Change in circumstances can result from job loss, increased income for either party, new dependents, loss of overtime, unemployment, disability, etc.