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

Under Rhode Island Law, child support should end when a child turns 18 and graduates high school. If the child is still in high school, then child support will continue until the child turns 19. Child support in Rhode Island automatically continues even after the child turns 18 unless a Motion to terminate child support is filed. If you are a non-possessory parent, your best option is to file a Motion to Terminate Child Support approximately 40 days prior to your child turning 18 and graduating high school. This will mean that the motion will be heard on a court date soon after the child turns 18. Please note that the non-possessory parent can still be found in contempt for failure to pay child support even after the child turns 18 if there is no motion granted to terminate the child support. If a child is seriously disabled, child support shall continue until the child turns 23 years old.

There is no standard law or rule in Rhode Island regarding whether or not the non-possessory parent's overtime will be used to calculate child support. One Judge in Rhode Island consistently rules that overtime compensation cannot be used to calculate child support. Other Judges in Rhode Island have different opinions regarding overtime. The Family Court is a court of equity and fairness. Judges in Rhode Island will typically look at whether or not a person consistently works overtime over a substantial period of time. Judges may also look at whether or not overtime is consistently offered to a spouse. If overtime is infrequent or not typically offered Judges may be hesitant to calculate overtime as a factor of child support. In that case, many attorneys argue that a person's income should be calculated using their W2 or gross income for the entire calendar year. By calculating gross income over an entire calendar year even infrequent overtime becomes an element of child support. Judges may also look at other factors such as the needs and expenses of both parties and any extraordinary expenses for the child. At least one Judge has suggested that the possessory parent get a percentage of the overtime that is worked by the non-possessory parent. Other Judges in Rhode Island believe that overtime should always be a factor in child support. Often the issue of overtime is negotiated by the lawyers prior to any formal ruling by the Judge.

The Rhode Island Family Courts base custody and possession decisions on the "best interest of the child." The pivotal case Pettinato v. Pettinato, 582 A.2d 909 (R.I. 1990) states that certain factors must be weighed in the best interests of the child analysis when relevant. These factors include:

The wishes of the child's parent or parents regarding the child's custody; The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference; The interaction and interrelationship of the child with the child's parent or parents, the child's siblings, and any other person who may significantly affect the child's best interest; The child's adjustment to the child's home, school, and community; The mental and physical health of all individuals involved; The stability of the child's home environment; The moral fitness of the child's parents; The willingness and ability of each parent to facilitate a close and continuous parent-child relationship between the child and the other parent.

Many states have differing terminology for legal and physical custody. In Rhode Island, legal custody is the ability to have input in major life decisions of the children in question. A person with "sole custody" has sole legal custody, and does not need to include the other parent in the decision making process things like health, education, or religious upbringing issues of the children. Couples who share "joint custody", or joint legal custody, are required to keep each parent "in the loop" of such issues, and both parents also have the right to access information relating to those issues.

As an example, if the kids are living with dad primarily, and the parties have joint custody, then dad would need to communicate with mom about major issues, such as health, education, or religious affairs. Dad does not need to comply with mom's wishes: mom does not have a veto ability. Mom simple must be kept in the loop. Mom on the other hand, would have the ability to, say, go to the school to speak with the teacher, or get copies of medical records, which she would not be able to do if dad had sole custody.

Physical custody, in Rhode Island, is generally described as "possession" or "physical possession." This term described which parent is the primary caretaker of the children. The "non-custodial" parent would pay child support to the parent with "possession," and their time with the children would be described as visitation.

It should make no difference which spouse files the divorce when the court determines equitable division of the assets, child support, visitation, alimony, etc. However, in the event that a no contact order, restraining order or emergency motion is needed or filed, which party files first can be extremely significant. This is especially true if there is an emergency motion concerning custody and/or visitation concerning a child.

If all issues concerning divorce, child support, equitable division of assets, alimony, visitation and other issues are resolved between the parties, the earliest possible date for a nominal divorce (a nominal divorce is a non-contested divorce in which everything is agreed to) is approximately seventy days after the plaintiff files a complaint for divorce. If the matter is set down as uncontested, then an automatic court date, "the Nominal Divorce Hearing", will be set by the clerk approximately seventy days after filing. In the event that one party does not want to go forward on that seventy day nominal divorce hearing date or if all issues are not resolved between the parties, then the case will not go forward on the nominal date and will be set for additional conferences and potentially the discovery process. The case may eventually culminate with a trial. Contested divorces typically resolve in 6 - 10 months. The divorce cannot become finalized until, at a minimum, ninety days after the parties attend the nominal court hearing. In the event that the parties do not go to court and resolve the matter at the nominal court date, then the divorce could take up to one year or potentially more.

Rhode Island has a "track" system for divorces, meaning that a divorce is either on the "Nominal Track" or the "Contested Track." The party filing the divorce first may choose either track from the beginning. If they choose the nominal track, they will be given an initial (and hopefully last) hearing date that will be approximately 11 week from the date of filing.

If they choose contested, they will get a case status hearing date that will typically be 13 to 16 weeks from the date of filing. If the case is on the nominal track, and the Defendant is not actively disputing and issues, the case may go forward as a "Nominal Hearing" on the 11 week date. If so, you will be finished with court, unless something else comes up before the Final Decree is entered. If there is a dispute at the 11 week date, the case becomes "Contested" automatically, and you will be given a case status hearing date several weeks out.

Assuming a nominal hearing, then the parties must then wait 90 days for the Final Decree to enter, assuming the case was filed under "irreconcilable differences." The other common grounds for divorce is "living separate and apart for the space of at least 3 years." If you file under this statute, you will need to wait only 20 days from the nominal hearing date to enter the final decree.

The two most common grounds for divorce in Rhode Island are "Irreconcilable Differences" and "Living Separate and Apart for the Space of Three Years". The other, older, grounds for divorce are as follows: (1) Impotency; (2) Adultery; (3) Extreme cruelty; (4) Willful desertion for five (5) years of either of the parties, or for willful desertion for a shorter period of time in the discretion of the court; (5) Continued drunkenness; (6) The habitual, excessive, and intemperate use of opium, morphine, or chloral; (7) Neglect and refusal, for the period of at least one year next before the filing of the petition, on the part of the husband to provide necessaries for the subsistence of his wife, the husband being of sufficient ability; and (8) Any other gross misbehavior and wickedness, in either of the parties, repugnant to and in violation of the marriage covenant.

In Rhode Island you do not need to prove fault grounds in order to obtain an absolute divorce. All you need to do is prove irreconcilable differences in order to get a divorce. In other words, if either party wants to terminate the marriage, then that party can get a divorce so long as the other jurisdictional requirements in Rhode Island are met. "No fault divorce" does not mean that fault is not significant in Rhode Island divorces. If a party can prove that the other party is at fault for the break up of the marriage, then they can seek a disproportionate share of the marital assets. Fault can also be a factor to determine whether or not a party is entitled to alimony. The following types of behavior could be grounds to obtain more than fifty percent of the marital assets: alcoholism, drug addiction, domestic violence, extramarital affairs, abusive behavior, abandonment, etc.

In order to file for divorce in Rhode Island you need to have been a domiciled inhabitant and resident of Rhode Island for one year prior to your filing of the complaint for divorce. If you have not been a domiciled inhabitant and resident of Rhode Island for one year prior to filing your complaint for divorce, you can file based on your husband's/wife's residency in Rhode Island for one year prior to the filing. There are exceptions for people stationed in the military who maintain a residency in Rhode Island. Even if you move the day after filing, you still meet the residency requirements in Rhode Island. If you do not qualify to file for divorce in RI you should look for lawyers (attorneys) in other states.

In Rhode Island the Court has no jurisdiction to order a parent to pay for the college education of his/her child. However, if pursuant to a Property Settlement Agreement or other contract, one party agrees to pay for a child's education, then that agreement may be enforced by a court of law. Therefore, if you seek to have your child's parent pay for your child's college education, then you must negotiate payment of college expenses as part of a global settlement of the divorce or custody agreement or other similar agreement.

The Rhode Island minimum child support guidelines take into account both the importance and expense of daycare. The child support guidelines and worksheet are used to determine the proper amount of child support to be paid by the non-possessory parent. The bottom line is that a party will be ordered to pay approximately the same percentage of the daycare that the party makes in relation to that party's percentage of the combined gross income of both parties. For example: If the husband makes $100,000.00 and the wife makes $50,000.00 the combined gross income for the parties is $150,000.00. Therefore, the husband makes 66 percent of the income and will be ordered to pay 66 percent of the daycare in addition to child support. (There may be an adjustment to take into account the federal tax credit.) This amount is added onto the minimum Child Support Guidelines amount.