 "Your Online PR and Free Content Source" Submit Your Articles, Press Releases, and Books/Ebooks, Get Free Content |
 
|
|
"Your Online PR and Free Content Source" Submit Your Articles, Press Releases, and Books/Ebooks, Get Free Content |
|
|
Almost Everything you need to know about Rhode Island Child Support by a RI Family / Divorce Lawyer.
This article, written by a Rhode Island Family Law Lawyer explains in detail the following Rhode Island Child Support Issues: Establishing, modifying, terminating, enforcing, contempt, college, daycare, overtime as well as an explanation of the RI support guidelines!! Establishing Rhode Island Child Support: How is Rhode Island Child Support determined in divorce cases, paternity cases, and child visitation cases? In most cases, it is set by the "Rhode Island Family Court Child Support Formula and Guidelines". In the vast majority of cases in Rhode Island, the minimum Rhode Island child support guideline amount is used. However, a parent has the right to seek more then the minimum guidelines because the guidelines are supposed to be the minimum amount a parent will receive as child support. In Theory, The Guidelines are intended to be the floor rather then the ceiling for child support. In actuality, the minimum guidelines are used in the vast majority of Rhode Island cases. This article is a compilation of Rhode Island Child Support Articles written by Rhode Island Lawyer David Slepkow. Also please see : Rhode Island Personal Injury and Car Accident Law The court is entitled to look at the assets of a party in determining child support. The Family Court can also look at extraordinary expenses of either party and can look at the needs and expenses of the parties. The Court can look at any circumstances the judge believes appropriate. If a person is underemployed or refusing to work when capable of working then the court can determine the earning capacity of the party. Some Judges consistently go over the minimum guidelines. The Rhode Island guidelines uses an income shares model in which the adjusted gross income of both parents are used to determine the correct amount of child support. Essentially, the guidelines look at the combined adjusted Gross income of both parties. Adjusted gross income means the gross income of a party with certain required deductions from gross income for medical insurance & dental insurance. Another required deduction is for additional minor dependants (children). There are also certain discretionary deductions that some judges may allow such as life insurance costs. For a list of all legal articles written by Rhode Island Lawyer David Slepkow : Rhode Island Law Articles After determining the combined adjusted gross income of the parties, the Rhode Island Guidelines should be utilized to determine what the state of Rhode Island believes that two parents with that amount of adjusted gross income would pay for support if the parents were still residing together. After that number is determined daycare expenses are added onto that amount. The non custodial parent pursuant to the minimum guidelines should be obligated to pay a percentage of that amount set forth above that is the same same percentage of that persons adjusted gross income to the total adjusted gross income of both parties. For example: If Mom makes $1000 a month and dad makes $4000 a month and each has $200 dollars of medical insurance payments then the adjusted gross income of mom is $800 and the adjusted gross income of dad is 3800. The combined adjusted gross income of both is $4600. Dad makes $82.6 percent of the combined adjusted gross income of the parties and is required to pay 82.6 percent of the minimum guideline amount guideline amount plus the daycare expenses. The next step is to get a copy of the most recent version of the Rhode Island Child Support Guidelines . This can be obtained at the Rhode Island Family Court. It is perplexing that, I cannot easily find the most recent guidelines on google . You need to look at the "Rhode Island Monthly Basic support Obligations" (effective November 1, 2007) (These Guidelines recently replaced the 2002 Guidelines) Please note that one of the most significant changes to the new 2007 guidelines is the "self support reserve for payors with very limited income. Assuming that the parties have two children the guidelines indicate that the correct support amount is $956. assuming there is no daycare* in this hypothetical then the father would be obligated to pay 82.6 percent or $956 per month which would be $789.65 per month or $183 per week. (Please note that these figures use the 2004 guidelines not the new 2007 child support guidelines) *(if there is daycare then add the work related child care costs minus the federal tax credit. Please note that the state of Rhode Island uses a rule of thumb of approximately 75 percent to 80 percent of the actual daycare expense) The Guidelines in theory and in most cases in actuality are the minimum amount a person is required to pay. The judge has discretion to go over the minimum Rhode Island Guidelines if there is justification under the circumstances. Some judges in Rhode island consistently go over the guidelines. The types of circumstances that may justify a judge issuing a child support order above the Rhode Island guidelines are: a) Substantial assets If the parties agree to child support below the Rhode Island child Support Guidelines, in some limited circumstances, it may be allowed. These circumstances could include, visitation exceeding the norm, extraordinary payments of the child expenses or even sometimes just based on the parties agreement. Private School : In Rhode Island (RI) Divorce and Child support cases, Can I get the father or mother of my child to be ordered to pay for private school education? No, unless there is a contractual obligation, a stipulated consent order or there is an ongoing divorce. Most judges take the position that there are suitable public schools for children to attend. However, If there is something in writing such as a property settlement agreement obligating one parent to pay for the private school education of the child, then the parent may be obligated to pay for the private school education. Also, the parent could be ordered to pay for private school education in a divorce on a temporary basis, especially when it is in the middle of a school year and it would be disruptive for the child to transfer to a public school. Parents can certainly negotiate payment of private school education and the judge of The Family Court will usually approve the settlement in a court Order. That stipulated consent order could be enforced in a Family Court contempt proceeding. College education: Can I get the father or mother of my child to be ordered to pay for college? No, Unless there is a written contractual agreement obligating payment of college expenses. Rhode Island child support terminates when a child turns 18 and graduates high school but not longer then the child attaining the age of 19. (Unless the child is severely disabled and then it goes unil the child turns 21) The Court loses jurisdiction over the child when the child attains the age as set forth above. The Court cannot order payment of college but a Court may enforce a written property settlement agreement between the parties obligating payment of college. Overtime: What if my child's parent works overtime? Will overtime be included in child support? Th
Rhode Island Child Support from Soup To Nuts by a Rhode Island Attorney
b) standard of living and expenses that far exceed reported gross income
c) extraordinary necessary expenses and needs related for the child
David Slepkow is a Rhode Island Lawyer / Attorney Concentrating in Rhode Island Divorce, Family Law, Child Custody, RI Child Support, Car / Auto Accidents, Rhode Island Personal Injury Law and Rhode Island Criminal Law. Rhode Island Divorce lawyer David Slepkow has written over 50 Rhode Island (RI) Lawyer Written Law Articles. Credit Cards Accepted. Evening Appointments Available. Rhode Island Personal Injury Lawyer David Slepkow also represents clients in RI Restraining Orders, dcyf matters, Adoption, Paternity, Child Visitation, Post Divorce, Relocation, Out of State Family Law matters, Contempt, RI Slip and Fall and Trip and Fall. Please visit: Rhode Island Personal Injury and Car Accident Law Articles and also see: Rhode Island Child Support Law. Also please visit: Rhode Island Divorce Lawyer Written Articles and Rhode Island Auto, Vehicle & Car Accident Law Articles. Rhode Island RI Law Information Center. Rhode Island Child Support Lawyer Written Articles.
|
Contact the Author
Related Articles
Keywords: child support,lawyer,attorney,ri,providence,
This article has been viewed 64 time(s).
Does this article infringe on your copyright?
IdeaMarketers.com
It is a violation of our terms and conditions for writers to submit material which they did not write and claim it as their own.
If this article infringes on your copyrights, you MUST either call us at 706-866-2295 or send proof of infringement
along with the offending article's title, URL, and writer name to
Attn: Marnie Pehrson - Copyright Concern
514 Old Hickory Ln
Ringgold GA 30736 USA
If you email us or use our problem submission form, we CANNOT guarantee we'll receive your notice!
|
SheLovesGod
| Books
| Create A WOW
| I Am Joyful
| SyndicatedWriters |
ReadyToPublish |
EzineBuilder |
Good News |
LocateACoach
|
|
Media Room -
For Writers -
Writer Signup -
Get Content -
Info Desk -
About
IdeaMarketers is a Project of Pehrson Web Group |
Please Note: IdeaMarketers is a free-forum where
anyone may sign up for a free writer account or publisher account and post. It is always up to the
discretion of the visitor to decide about anything mentioned on the service. We do not personally
endorse any company, person, product or service listed on our site unless we explicitly say we are endorsing them.
