What rules in Rhode Island cover child support modification? Chapter 15-5 covers divorce and separation in the state of Rhode Island and section 15-5-16.7 lays out the law regarding the review of child support order. First, this section relies on an order being valid and enforceable pursuant to the Rhode Island state plan for child support enforcement, which is defined in section 15-16-5(a).
If a child support arrangement is valid and enforceable, every three years from the date it was established or last modified, the order is reviewed by either the request of the state or by either parent. If it is found appropriate, the child support order could be adjusted in accordance to the guidelines of the state. This occurs when a review verifies that the support currently being paid differs from the amount that would currently be awarded based on the guidelines.
Child support could be modified every three years until all children reach majority. Furthermore, a request for review could be made before the three-year period. This occurs when there is a substantial change in circumstances leading to a parent either seeking a reduction in payments or requesting an increase in received payments. The court has discretion in these matters and could charge the order based on the facts presented.
Whether divorced parents seek to establish, modify or enforce a child support agreement, it is important to understand their rights regarding their situation. Seeking independent guidance could help ensure parents make timely and appropriate decisions based on the best interests of the child.
Source: State.ri.us, “§ 15-5-16.7 Review of child support orders,” accessed on Dec. 28, 2014