Rhode Island Divorce Attorney | Christopher Pearsall Rhode Island's Most Affordable Divorce Attorney: RI Child Support Modification Standards

December 14, 2009

Rhode Island Divorce Attorney Answers a Question on RI Child Support Modification

Question:

I am an outside salesman in Rhode Island. As of January 1, 2010 my employer is cutting my salary by more than half but increasing my commission percentage. There is a very good chance that my income will be significantly reduced, especially in the winter months. How is child support calculated when a portion of your pay is commission based and should I have my child support modified?

I have 2 teenage children. One is turning 18 and graduating from high school in the spring. If I do file to modify my child support do I have to file a separate motion to modify child support again when my oldest child graduates?

The Rhode Island Divorce Attorney's* Reply:

The change in your payment structure is actually a non-issue regarding your child support until you see the impact of the change on your actual income. To modify child support you must be able to demonstrate a substantial change in circumstances to the Rhode Island Family Court.

You should not attempt to modify your Rhode Island Child Support obligations until the actual monetary impact of the change in your pay structure is known with certainty for a reasonable amount of time. I recommend that you wait six to eight weeks under the new pay structure and save your pay stubs as evidence that your income is decreased, your situation has changed and your income has substantially changed even though you are putting the same amount of effort into your work.

If you file to modify for termination of one child's child support based upon the child's emancipation, you will in fact have to return to court to terminate the child support for the other child when he or she reaches the age of 18 and has graduated from high school Technically speaking, Rhode Island law does not allow a party to obtain an order to terminate child support "in advance" of the emancipation date.

Depending upon when your child support order was established, especially if it was prior to November 1, 2007, then you should run the child support calculations to determine if it is worth modifying your child support. It is entirely possible to mistakenly modify your Rhode Island Child Support from two children two one child and find yourself paying more today for one child than you did in 2006 for two children. Caution is advised here.

While it is best to do the right thing for the sake of your children, keep in mind that the Rhode Island child support guidelines may not effectively represent what the children's actual support needs are in Rhode Island.

Should you need coaching, further advice or representation regarding your family law matters, Please do not hesitate to contact me for a low-cost, high value coaching session.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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*The RI Supreme Court licenses all lawyers in the general practice of law and has no programs for recognition of specialization of lawyers in any area of law. Please note: This is not legal advice but is a public service to those in need.

This is in no way a substitute for legal advice provided by a competent Rhode Island Divorce and Family Law Practitioner who has had the opportunity to meet with you and question you regarding ALL aspects of your case.

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