Guide to Calculating Child Support in Rhode Island (RI) Is there a minimum amount?
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 using 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 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 intended to be the floor rather than the ceiling as support. In reality, the minimum guidelines are used in the vast majority of Rhode Island support cases. RI Child Support Attorney Article.
The court has the right to examine the assets of one of the parties to determine child support. The Family Court may also examine the extraordinary expenses of either party and may examine the needs and expenses of the parties. The Court may consider whatever circumstances the judge deems appropriate in determining child support. If a person is underemployed or refuses to work when able to do so, the court can determine the earning capacity of the party. Some judges constantly review the 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 is the gross income of a party with certain required deductions from 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 parties’ combined AGI, the RI Guidelines should be used to determine what the State of Rhode Island believes that two parents with that AGI amount would pay for support if the parents still lived together. After that number is determined, daycare expenses are added to that amount.
The non-custodial parent in accordance with the minimum guidelines must be required to pay a percentage of that amount established above which is the same percentage of that person’s adjusted gross income as the total adjusted gross income of both parties.
For example: if Mom makes $ 1000 per month and Dad makes $ 4000 per month and they each have $ 200 in health insurance payments, then Mom’s Adjusted Gross Income is $ 800 and Dad’s Adjusted Gross Income is 3,800 Their gross income is $ 4,600. Dad earns $ 82.6 percent of the parties’ combined adjusted gross income and must pay 82.6 percent of the minimum amount listed plus daycare expenses.
The next step is to obtain a copy of the most recent version of the RI Guidelines. This can be obtained in 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 there is no daycare * in this hypothetical case, the father would be required to pay 82.6 percent or $ 956 per month, which would be $ 789.65 per month or $ 183 per week.
* (If child care is available, add work-related child care costs minus 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 child care spending. ). child support guidelines, the non-custodial parent is also entitled to a deduction from his gross income for the amount he pays for childcare.
The Guidelines in theory and in most cases today are the minimum amount that a person must pay. The judge has the power to review the Minimum Guidelines if there is justification in the circumstances.
The types of circumstances that may justify a judge issuing a support order above the Rhode Island support guidelines are:
a) Substantial assets
b) standard of living and expenses that far exceed 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 could include visits that exceed the norm, extraordinary payments of the child’s expenses or even, sometimes, simply according to the agreement of the parties.
