The plaintiff in the recently decided case was married to the defendant, and the parties had one child together. According to the facts discussed in the appellate opinion, the parties reached a settlement for their divorce terms, including issues such as child support, payment of private school expenses, as well as custody and visitation. Several years after the parties divorced, they modified the agreement with what is called a consent order. Under the consent order, the father’s child support obligation would be reduced by approximately $400 per month, and he would agree to pay for one-half of the cost of post-high school education for the child.

After the consent order was put into place, the father reduced his child support payment as agreed. When the child entered college, however, the father refused to pay for one-half of the tuition as discussed in the consent order. The mother sued the father in family court, arguing that he was in contempt of the consent order and should be ordered to pay his share of college tuition. The family court agreed with the mother and ordered the father to pay one-half of the college costs.

The father appealed the family court ruling to the Rhode Island Supreme Court, primarily arguing that the family court did not have the jurisdiction to order him to pay for expenses for educating the child once he had become a legal adult. The father relied on state law which prevented family courts from ordering parents to support their children after the age of 18. The state Supreme Court rejected the father’s arguments, finding that the consent order was a valid contract between the parents and that the father’s child support obligation was reduced significantly in exchange for his promise to pay for part of the child’s college. The high court determined that the family court is permitted to enforce contractual obligations between married parties, and found that the father was contractually obligated to pay for his share of expenses as agreed to in the consent order.

Obtaining Competent Legal Advice for Rhode Island Family Law Issues

If you or a loved one is considering divorce or filing a child custody case, it can be difficult to foresee all of the issues that may come up after the case has been finalized. Consulting a qualified Rhode Island family law attorney from Bilodeau Capalbo can give you peace of mind that your case is being handled properly. Our experienced Rhode Island family law lawyers understand the factors that are most important to family courts when considering custody and support, and our advocacy will help you achieve your goals. Call us at 401-300-4055 to discuss your case and schedule a free consultation with a qualified Rhode Island family law attorney.

The appellate court found that the lower court did not err in declining to award child support while the divorce proceeding was pending because the mother was using funds from a joint marital account to support herself at the time, which had been divided equally between the parties, and amounted to about $505,000. In addition, shortly thereafter, the husband voluntarily agreed to pay, and the mother accepted, $2,444 per month in interim child support while the divorce proceeding was pending. The mother also argued that the court incorrectly calculated the child support obligation, in part because the court excluded income that the father received related to an S-corporation he owned.

Section 15-5-16.2 states that a child support obligation shall be calculated based upon the family court’s formula and guidelines. If, after doing so, the court finds that it would be inequitable to the child or to either parent, the court shall make findings of fact and shall order a child support obligation “reasonable or necessary for the child’s support after considering all relevant factors,” including but not limited to, certain enumerated factors. Those factors include the standard of living established for the child before the divorce, the child’s emotional and educational needs, the financial resources of the child, and of the parents. Gross income, as defined by the child support guidelines, includes income from sources such as salaries, wages, bonuses, gifts, prizes, social security benefits, and “all other forms of earned/unearned income,” excluding means-tested public assistance benefits. It also includes business income defined as gross receipts minus ordinary and necessary expenses.

The mother argued that the trial court failed to include certain sources of income in calculating the father’s child support obligation. The court agreed that distributions from the S-corporation used by the father to pay personal debts in acquiring sole ownership of his company should have been considered as part of the father’s gross income under the child support guidelines. The court also agreed that a $61,375 distribution from his company to pay a life insurance premium should have been included as income in the child support obligation. Therefore, the court vacated the child support obligation judgment, and ordered that it be recalculated considering the additional income.

Contact an Experienced Rhode Island Divorce Law Firm

Bilodeau Capalbo, LLC represents individuals in Rhode Island family law cases to ensure that they receive the excellent service that they need. Our Rhode Island divorce attorneys can help make sure that your voice is heard in pursuing a settlement agreement and custody arrangement that is favorable for you and in the best interest of your child. We have offices in West Warwick and South Kingstown, Rhode Island, as well as in Connecticut. Call Bilodeau Capalbo, LLC at 401-300-4055 or contact us online set up an appointment.

Instead, Rhode Island courts employ an income shares model in which the adjusted gross income of both parents is used to determine the child support amount owed by the non-custodial parent. Courts must begin by using the model, but can always order the non-custodial parent to pay additional child support.

Rhode Island Child Support Calculations

To begin, courts will consider the monthly gross income of each of the parties. Then, the court will subtract out any mandatory deductions, such as child support payments to other children, health insurance premiums, and the cost of childcare. Courts may also consider a number of discretionary deductions, such as retirement benefits, life insurance payments, income tax adjustments, significant medical expenses, and the payment of marital debts. However, it is important to note that judges will not consider these factors as a matter of course, and the decision of whether to subtract discretionary deductions is made on a case-by-case basis.

Once the deductions have been subtracted, the court has the adjusted gross income (AGI) of each party. From here, the court adds the two AGIs together, arriving at the couple’s combined monthly income. Judges then take the couple’s combined monthly income, as well as the number of children the couple has together, and use the Rhode Island Child Support Guideline Schedule to determine the recommended amount of child support.

After the court determines the recommended amount of child support, the court then assigns each party a percentage of that number, which is equal to the party’s percentage-contribution to the monthly combined income. For example, if Husband makes $1,000 and Wife makes $3,000 after deductions, the couple’s combined monthly income would be $4,000. Of this, Husband’s contributions represent 25% of the total income and Wife’s represent 75%. Thus, if Husband ends up with custody of the couple’s two children, the recommended amount of child support would be $1113/month. Because wife’s earnings represented 75% of the couples monthly combined income, Wife would be responsible for 75% of $1113, or $835.

While it may sound like Rhode Island judges employ a mechanical formula when determining child support obligations, there is a significant amount of judicial discretion in determining a party’s AGI, given the discretionary deductions.

Are You Going Through a Rhode Island Divorce?

If you are currently going through a Rhode Island divorce, or are planning on filing for divorce, contact the dedicated Rhode Island divorce attorneys at Bilodeau Capalbo, LLC. At Bilodeau Capalbo, we represent clients in cases involving all types of family law issues, including in divorce and child custody proceedings. To learn more, call 401-300-4055 to schedule a consultation today.

See Related Posts: Common Law Marriage in Rhode Island, Rhode Island Divorce Lawyer Blog, December 12, 2018.

Rhode Island Intestate Laws and the Importance of Drafting a Will, Rhode Island Divorce Lawyer Blog, December 28, 2018.

Uniform Interstate Family Support Act

Sometimes one party is ordered to pay child support to another party, but then one of the parties moves out of state. In the past, it would be very difficult to hold the payor accountable for any child support they owed in these scenarios. In fact, sometimes the payor would move out of state for the primary purpose of avoiding child support. In order to address this issue, Congress passed a law to help make it easier for child support obligations to be enforced across states.

This law is called the Uniform Interstate Family Support Act (UIFSA). The first version was created in 1992 and it has been revised several times since then. The act helps to determine which state’s laws should govern any given child support situation. State laws regarding child support can differ significantly, so it is important for courts to know which laws to apply.

Child support is governed exclusively by the laws of the child’s home state. If there is only one support order and at least one of the parents continue to live in that state, then that is the state that has continuing exclusive jurisdiction over the matter. The state that issued the order can also enforce it even in other states. This law also provides enforcement mechanisms between states.

Case at Issue

In a case heard by the Court of Appeals of Indiana, a Rhode Island father attempted to modify the amount of child support that he owed. He then challenged the amount found by the court in this appeal. The facts of the case are as follows: a couple had six children together then divorced in 2002. The father was ordered to pay child support. Both he and the state filed motions to modify his child support obligation. The father also moved to emancipate the children. The court says that they gave the father many opportunities to testify about the emancipation and child support issues he brought up. However, the father stated that he would not testify because he did not have the discovery he needed. Therefore, the court dismissed his petition.

The state later moved to reopen the petition and the motion was granted. At that hearing the court held that the father’s child support should be lowered as of the date the petition was filed. The court also emancipated the children a couple years later, which terminated the father’s child support obligations. This modification lowered the father’s arrears from $11,176 to $2,551. However, the father argued that the lower amount was still too much and that the court abused its discretion by accepting the child support plan that had the highest amount of arrears. However, the appeals court upheld this calculation as it was most accurate.

Contact an Experienced Rhode Island Child Support Lawyer Today!

Whether you live in the same or a different state as the other parent, if you are having child support issues, you should consult a skilled Rhode Island child support attorney right away. The knowledgeable child support attorneys at Bilodeau Capalbo, LLC can help you make sure that your children are being properly supported. Call (401) 300-4055 or use the form on this web site to contact us today for a free consultation.

See Related Posts: Rhode Island Supreme Court Case Looks At Hidden Assets During Divorce Rhode Island Supreme Court Case Upholds Post-Employment Compensation Split in Divorce