How is Rhode Island (RI) child support determined in divorce cases, paternity cases, child support cases, and child visitation cases?
In most cases, support is determined by the “Rhode Island Family Court Child Support Formula and Guidelines.” In the vast majority of cases in Rhode Island, the Rhode Island minimum support guideline amount is used to determine child support.
However, a parent has the right to seek more than 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 meant to be the floor and not the ceiling of support. In reality, the minimum guidelines are used in the vast majority of Rhode Island Support cases. Article written by RI child support attorney.
The court has the right to examine the assets of one of the parties to determine child support. The Family Court can also analyze the extraordinary expenses of any of the parties and can analyze the needs and expenses of the parties. The court may consider any circumstances the judge deems appropriate in determining child support. If a person is underemployed or refuses to work when he or she is able to do so, the court may determine the earning capacity of the party. Some judges constantly review minimum child support guidelines.
The Rhode Island guidelines use an income sharing model in which the adjusted gross income of both parents is 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 portion with certain required deductions from the gross income for medical and dental insurance. Another required deduction is for additional minor dependents (children). There are also certain discretionary deductions that some judges may allow, such as life insurance costs.
After determining the combined AGI of the parties, the RI Guidelines must be used to determine what the State of Rhode Island believes two parents with that amount of AGI would pay support if the parents still resided together. After that number is determined, childcare expenses are added to that amount.
The noncustodial parent under the minimum guidelines should be required to pay a percentage of the amount set forth above that is the same percentage of that person’s adjusted gross income to the total adjusted gross income of both parties.
For example: If Mom makes $1,000 a month and Dad makes $4,000 a month and they each have $200 in health insurance payments, then Mom’s AGI is $800 and Dad’s AGI is 3,800. combined of both is $4600. The father earns $82.6 percent of the parties’ combined adjusted gross income and must pay 82.6 percent of the minimum amount plus child care expenses.
The next step is to obtain a copy of the most current version of the RI Guidelines. This can be obtained at the RI Family Court or online.
Assuming the parties have two children, the child support guidelines state that the correct amount of child support is $956. Assuming no day care* in this hypothetical, then the parent would be required to pay 82.6 percent or $956 per month, which would be $789.65 per month or $183 per week.
*(if childcare is available, add work-related childcare costs minus the federal tax credit. Note that the state of Rhode Island uses a general rule of thumb of approximately 75 percent to 80 percent of actual childcare expense ) Pursuant to the 2018 child support guidelines, the non-custodial parent is also entitled to a deduction from his gross income for the love he pays for day care.
The Guidelines are in theory and in most cases actually the minimum amount a person must pay. The judge has discretion to review the Minimum Guidelines if warranted under the circumstances.
The types of circumstances that may justify a judge making a support order above the Rhode Island support guidelines are:
a) Substantial assets
b) standard of living and expenses that far exceed the declared gross income
c) necessary extraordinary expenses and needs related to the child
If the parties agree to child support below the Rhode Island Support Guidelines, it will be allowed. These circumstances may include visits that exceed the norm, extraordinary payments of the child’s expenses, or even, sometimes, only based on the agreement of the parties.