The Australian Child Support Scheme (CSS) provides the main regulation of child support, such as who is liable to pay and receive child support, how to assess child support, as well as the enforcement of child support.

Children eligible for child support are those: – Under 18 years of age; – Who are present in Australia on the day the application was made; or an Australian citizen, or ordinarily resident in Australia, on that day; – Not living in a married or de facto relationship; and – Born, or who have a sibling born, or whose parents separated, on or after 1 October 1989.

Who is liable to pay child support?

An ‘eligible carer’ or a ‘liable parent’ is able to make an application for , provided they are resident in Australia on the day the application is made.

An eligible carer does not have to be a parent of the child and also does not have to care for the child full-time. They must, however, be seeking payment of child support from a person who is a parent of the child, and not be living with that person as the partner of that person on a genuine domestic basis.

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There is a connection between the social security system and CSS which places an obligation on certain eligible carers to seek child support.

Centrelink requires eligible carers to take ‘reasonable action’ to obtain child support if they receive or apply for more than the base rate of Family Tax Benefit Part A.

Only parents, ordinarily the biological or adoptive parents, are liable to pay child support if they are resident in Australia on the day the application is made.

The Child Support Registrar will assess whether the person is a ‘parent’ and the liability to pay is dependent upon the Registrar’s acceptance of the application.

How is child support calculated?

Child support can be determined either by a formula assessment, an agreement between the parties or a court order. It is recommended that advice is sought from a qualified legal practitioner if parties want to agree on their child support payments themselves.

The basic formula takes account of a variety of family circumstances. The formula is based on the costs of raising children and is quite flexible.

Both parents’ incomes are taken into account and equally considered, and the percentage of care that each parent provides for the child is also taken into account.

This formula applies in cases where there is one child support assessment and no other dependent children. If there are other dependent children, an amount is deducted from the payer’s adjustable taxable income and then the basic formula is applied.

For parents who pay or receive child support for two or more families, the basic formula is still used. However, it is calculated after first deducting a self-support amount and then a multi-case allowance. If you but are not the parent, the payment is calculated similar to above.

Your percentage of care will be considered, but not your income. It will be calculated using the parents’ income, cost percentages and child support percentages. Child support exists to ensure children of separated parents receive adequate financial support.

Parents are required to provide child support to the extent that they are able to provide it. It is important to seek advice regarding any questions you may have about child support to ensure that your children receive the financial support they deserve.

By Lauren Nolan on behalf of Love Law Lauren Nolan is an Australian law student interested in increasing public access to important legal information.

Each state has adopted guidelines setting automatic rates of child support. The support is based on specific criteria relating to income and the number of children in the household. In this state, child support payments are based on the Arizona Child Support Guidelines, the current version of which became effective on January 1, 2005.

 

In every child custody case there will a determination of child support. Under our guidelines, support payments are in an amount calculated to meet the reasonable needs of the child for health, education, and maintenance. To learn what is involved in establishing a monthly support amount, we look directly to the guidelines.

 

 

The Arizona Child Support Guidelines serve four fundamental purposes, as follows:

 

They “establish a standard of support for children consistent with reasonable needs of children and the ability of parents to pay.”
They “make child support orders consistent for persons in similar circumstances.”
They “give parents and courts guidance in establishing child support orders and to promote settlements.”
They are designed to “comply with state… and federal law…”

 

 

The guidelines include seven premises predicating their application to every child support case. These include the following:The guidelines apply to all children. Whether adopted or born out of wedlock, it makes no difference for child support purposes. Every child is covered under the guidelines.

The guidelines apply to all children. Whether adopted or born out of wedlock, it makes no difference for child support purposes. Every child is covered under the guidelines.
Child support is a priority financial obligation. A parent’s other debts are not considered in determining his or her share of support.
The duration and amount of spousal maintenance, if any is to be awarded, is determined by the judge before the parents’ respective child support obligations are established.
Every parent has a legal duty to support his or her natural or adopted child. Support of a step-child is not a legal duty, and so is purely voluntary.
Under certain circumstances, the custodial parent will pay child support.
Child support is calculated on a monthly income basis. Adjustments to the support are annualized to achieve a monthly figure. This allows for an equal monthly distribution of the cost item over the course of a year.
The basic child support owed is capped when the parents’ combined adjusted gross income reaches ,000 per month. Also, the basic child support obligation is capped with the sixth child.

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In any action involving child support, the amount calculated under the guidelines is presumed to be the amount the court shall order paid. The court can make an exception if the result using the guidelines would be unjust or inappropriate under the circumstances. In that situation, the court may deviate from the guidelines by increasing or decreasing the amount of support.

 

 

The total support approximates what the parents would have spent on the child if they were living together as one family. Under the guidelines’ shared income model, each parent contributes a proportionate share of his and her income. Typically, the noncustodial parent is ordered to pay a percentage of his or her gross monthly income to the custodial parent for child support.

 

The amount of support to be paid is calculated by considering many factors, including the parents’ gross incomes, the child’s necessary expenses, extraordinary medical expenses, work-related daycare expenses, and the number of children residing in the home, among other things.

 

 

The judge will set a termination date in the child support order. Child support is presumed to terminate on the last day of the month of the youngest child’s 18th birthday, that is, the youngest child covered by the support order. If the youngest child won’t graduate from high school before his or her 18th birthday, then support ends the month of anticipated graduation or on the child’s 19th birthday, whichever is first to occur.

 

 

Parents may include child support provisions in their separation agreement which exceed the legal presumptions under the guidelines. They may agree to continue child support for a longer period, or may agree to increase the amount of support per month. For example, the parents may include additional support payments sufficient to provide for private school, college, travel, or summer camp.

 

 

Because both parents share the responsibility of child support, there will typically be a payment from one to the other. The exception to that would be if, over a sustained period, both parents earned identical incomes and spent identical hours with their child. Although that is a possibility, it is not very likely to occur.

 

 

There is an important circumstance when the court may order child support to continue beyond that child’s age of majority and into adulthood. For the court to order such support, the adult-child must have a significant mental or physical disability that prevents him or her from living independently. The controlling Arizona statutory provision is found in A.R.S. § 25-320(E):

 

E. Even if a child is over the age of majority when a petition is filed or at the time of the final decree, the court may order support to continue past the age of majority if all of the following are true:

1. The court has considered the factors prescribed in subsection D of this section. [Court has applied the Arizona Child Support Guidelines.]

2. The child is severely mentally or physically disabled as demonstrated by the fact that the child is unable to live independently and be self-supporting.

3. The child’s disability began before the child reached the age of majority.

…

 

For this provision to apply in any given case, the adult-child must have manifested the disability during minority. The court may order support to be paid to the adult-child or to the parent who provides for the care. The parent seeking support need not be the adult-child’s legal guardian or legal custodian before the court can order such support. In the event the adult-child has no guardian or custodian, he or she should be joined as an indispensable party to the support proceedings.

 

At the end of the day, support is about caring for the child’s basic needs. Any personal differences between the parents should not affect the financial support that a child is entitled to. For some parents, support ends when the child reaches the age of majority. For other parents, it may not end until the child has graduated from college. And for some parents, the support may continue into their disabled child’s adulthood.

By Nathalie Boutet one of Canada’s top family law lawyers

Choosing to separate brings with it numerous financial and emotional implications . And, in cases where children are involved, one of these implications is the parents’ obligation to financially support their children post separation. Child support laws can be complex and family law lawyers are your best resource for information and guidance.

The objective of child support law is to ensure that children do not suffer as a result of separation. Parents are asked to do their utmost to ensure that their children maintain a standard of living similar to what they enjoyed before the separation.

Child support in Ontario is governed by the Ontario Child Support Guidelines if you are not married or the Federal Child Support Guidelines if you are married. The Ontario Child Support Guidelines and the Federal version are virtually identical.

The term “Ontario Child Support Guidelines” may be misleading because the Guidelines are not just “guidelines” but are mandatory. The Guidelines dictate that both parents are obligated to financially support their children. Child support is payable until the children are no longer dependant on their parents. Generally, this means until after a child has obtained a College Diploma or their first University Degree.

Since the Guidelines came into play, child support in Ontario has become somewhat easier to deal with. Yet child support disputes are frequent and remain an important aspect of family law. I advise everyone to speak to an Ontario Family Lawyer about child support issues, whether you believe that your situation is simple or complex (see below).

Family Law Lawyers use sophisticated software that includes a child support calculator. A child support calculator helps lawyers to figure out child and spousal support ranges for a particular family, as well as income tax and other fiscal implications. Now, while you can find a simplified version of an Ontario child support calculator online, I strongly discourage using an Ontario child support calculator without the guidance of an Ontario family lawyer.

The Guidelines are fairly simple to apply if all of these circumstances apply:

 the children reside primarily with one parent (i.e. the parents do not have equal or almost equal parenting time),

 the parents are employed by a third party (i.e. are not working at a self-owned enterprise),

 there have not been recent important fluctuations in incomes,

 the children are under the age of 18, and

 the parents do not have disputes about what extra-curricular programs and activities the children should do.

Here is how the Guidelines apply in a fairly simple situation:

The custodial parent pays for the children’s expenses sometimes indirectly and sometimes directly.

Indirect expenses paid by the custodial parent include: home utilities, transportation, food, small kids’ activities like pizza lunches, friends’ birthday parties, haircuts, etc. So in effect, the parent is not writing one cheque per month to cover the amount of child support set out in the Ontario child support tables, but rather is making indirect contributions to his or her children on a daily basis.

Direct expenses paid by the custodial parent include a portion of the children’s more costly expenses such as children’s extra-curricular programs, summer camps, medical expenses, etc. These expenses are listed in section 7 of the Child Support Guidelines, and lawyers often refer to them as “section 7 expenses”. The Child Support Guidelines in fact provide that these expenses are to be paid by both parents in proportion to their respective incomes.

The non-custodial parent will cover his or her share of the expenses for the child by making a monthly payment to the other parent. The parent writing the monthly cheques is referred to as the “payor”. The payor does not have a say into how the other parent spends this money. It is assumed that it will go towards the children’s needs.

The Ontario child support tables are used to determine the amount of the monthly payments that the payor has to make to fulfill his or her child support obligation. Some payors find their child support obligation onerous, and some wonder how the child could need all of this money. But judges will not depart from the monthly amount in the table.

The child support tables were developed by taking into account both parents’ contributions to their children’s expenses. So children receive contributions from their two parents; through payments in the amount set out in the Ontario child support tables for the payor, and in indirect contributions by the custodial parent.

Each year, the child support payable by the payor will be reviewed to take into account fluctuations in his or her income. Yearly disclosure of financial information such as Income Tax Returns is mandatory.

In addition to the monthly payment, the payor will also make contributions to the “section 7 expenses” in proportion to his or her income. First the parents have to agree on what expenses fall under this category. Then parents make their contribution directly to third parties, or one parent may be in charge of making the payments for the kids’ programs and the other writes a cheque to that parent to cover his or her proportionate amount.

If your situation is different from the above facts, then the application of the Guidelines is much more complex and I strongly encourage you to seek formal legal advice. In these cases especially, it is not prudent to use an online service such as an Ontario child support calculator without the guidance of an Ontario family lawyer.

More complex situations include any where:

 the parents have equal or almost equal parenting,

 one child resides primarily with one parent and the other child primarily with the other parent,

 the parents reside in different provinces,

 a child has special needs,

 one or both parents is working at a self-owned enterprise,

 there have been recent fluctuations in income,

 there is unemployment,

 there is a voluntary or involuntary reduction in income,

 there is a retirement,

 there are step-children,

 the children are approaching or are over the age of majority,

 there are disputes around the children’s extra-curricular activities,

 there is no trust between the parties,

 the relationship is tense between the parties, or

 there is insufficient financial disclosure.

It would be impossible to explain here the complexities that these circumstances can create. My intention with this list is to alert you to the difficulties of navigating through the laws on child support in Ontario alone. I caution you to retain an Ontario family lawyer as soon as possible to support you with these issues.

There is a lot of potential for parents to work together to create a child support arrangement that works for the whole family. If you choose a legal process that is very adversarial (such as going to Court or to Arbitration), the determination of your child support obligations will undoubtedly be more expensive than if you choose a legal process where the spouses have more say (such as in Collaborative Law, Mediation, or Unregulated lawyer negotiation).

It’s my passion for helping couples minimize the negative impacts of divorce and separation that lead me to co-found The NEXT Program. It’s designed to give couples with children the tools they need to resolve their relationship issues, whether they choose to stay together or separate. To find out more about how The NEXT Program can help you and your family, please visit our website www.thenextprogram.com.

The time to get your strategy in place is when you are thinking of separating. Attempting to separate on your own without getting expert advice may negatively affect you and your children for many years.

Nathalie Boutet is a leading Canadian family law lawyer and co-founder of The NEXT Program. She is also a Deputy Judge in the Ontario Small Claims Court, a local and international teacher and she is a sought after family law lawyer, Mediator and Collaborative Law lawyer. She regularly provides opinions to the Media on current legal matters.

The best way I know to learn the essentials to equip yourself and your family for a separation is to do The NEXT Program. Please visit The NEXT Program website (www.thenextprogram.com). It’s the best investment in your future you can make.

This article, written by a Rhode Island family law lawyer explains in detail the following Rhode Island Child support Issues: Establishing, modifying, terminating, enforcing, contempt, college, daycare, overtime as well as an explanation of the RI support guidelines!!

How is Rhode Island  (RI) Child Support determined in divorce cases, paternity cases, and child visitation cases?

In most cases, it is set by the “Rhode Island  Family Court Child Support Formula and Guidelines”. In the vast majority of cases in Rhode Island,  the minimum Rhode Island child support guideline amount is used..

However,  a parent has the right to seek more then 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 then the ceiling for child support. In actuality, the minimum guidelines are used in the vast majority of Rhode Island  cases.

The court is entitled to look at the assets of a party in determining child support. The Family Court can also look at extraordinary expenses of either party and can look at the needs and expenses of the parties. The Court can look at any circumstances the judge believes appropriate. If a person is underemployed or refusing to work when capable of working then the court can determine the earning capacity of the party. Some Judges consistently go over the minimum guidelines.

The Rhode Island guidelines uses an income shares model in which the  adjusted gross income of both parents are 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 party with certain required deductions from gross income for medical insurance & dental insurance.  Another required deduction is for additional minor dependants (children). There are also certain discretionary deductions that some judges may allow such as life insurance costs.

After determining the combined adjusted gross income of the parties, the Rhode Island Guidelines should be utilized to determine what the state of Rhode Island believes that two parents with that amount of adjusted gross income would pay for support if the parents were still residing together. After that number is determined daycare expenses are added onto that amount.

The non custodial parent pursuant to the minimum guidelines should be obligated to pay a percentage of that amount set forth above that is the same same percentage of that persons adjusted gross income to the total adjusted gross income of both parties.

For example: If Mom makes 00 a month and dad makes 00 a month and each has 0 dollars of medical insurance payments then the adjusted gross income of mom is 0 and the adjusted gross income of dad is 3800. The combined adjusted gross income of both is 00. Dad makes .6 percent of the combined adjusted gross income of the parties and is required to pay 82.6 percent of the  minimum guideline amount guideline amount plus the daycare expenses.

The next step is to get a copy of the most recent version of the Rhode Island Child Support Guidelines . This can be obtained at the Rhode Island Family Court.  It is perplexing that,  I cannot easily find the most recent guidelines on google .  You need to look at the “Rhode Island Monthly Basic support Obligations” (effective November 1, 2007) (These Guidelines recently replaced the 2002  Guidelines) Please note that one of the most significant changes to the new  2007 guidelines is the “self support reserve for payors with very limited income.

Assuming that the parties have two children the guidelines indicate that the correct support amount is 6. assuming there is no daycare* in this hypothetical then the father would be obligated to pay 82.6 percent or 6 per month which would be 9.65 per month or 3 per week. (Please note that these figures use the 2004 guidelines not the new 2007 child support guidelines)

*(if there is daycare then add the work related child care costs minus the federal tax credit. Please note that the state of Rhode Island uses a rule of thumb of approximately 75 percent to 80 percent of the actual daycare expense)

The Guidelines in theory and in most cases in actuality are the minimum amount a person is required to pay. The judge has discretion to go over the  minimum Rhode Island Guidelines if there is justification under the circumstances.

Some judges in Rhode island consistently go over the guidelines. The types of circumstances that may justify a judge issuing a child support order above the Rhode Island guidelines are:

a)  Substantial assets<br>
b)  standard of living and expenses that far exceed reported gross income<br>
c)   extraordinary necessary expenses and needs related for the child

If the parties agree to child support below the Rhode Island child Support Guidelines, in some limited circumstances, it may be allowed. These circumstances could include, visitation exceeding the norm, extraordinary payments of the child expenses or even sometimes just based on the parties agreement.

In Rhode Island (RI) Divorce and Child support cases, Can I get the father or mother of my child to be ordered to pay for private school education?

No, unless there is a contractual obligation, a stipulated consent order or there is an ongoing divorce.

Most judges take the position that there are suitable public schools for children to attend. However, If there is something in writing such as a property settlement agreement obligating one parent to pay for the private school education of the child, then the parent may be obligated to pay for the private school education. 

Also, the parent could be ordered to pay for private school education in a divorce on a temporary basis, especially when it is in the middle of a school year and it would be disruptive for the child to transfer to a public school. Parents can certainly negotiate payment of private school education and the judge of The Family Court will usually approve the settlement in a court Order. That stipulated consent order could be enforced in a Family Court contempt proceeding.

Can I get the  father or mother of my child to be ordered to pay for college?

No, Unless there is a written contractual agreement obligating payment of college expenses. Rhode Island child support terminates when a child turns 18 and graduates high school but not longer then the child attaining the age of 19. (Unless the child is severely disabled and then it goes unil the child turns 21)

The Court loses jurisdiction over  the child when the child attains the age as set forth above. The Court cannot order payment of college but  a Court may enforce a written property settlement agreement between the parties obligating payment of college.

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What if my child’s parent works overtime? Will overtime be included in child support?

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 (RI) 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.

Who is going to pay for my child’s daycare?

The Rhode Island minimum guidelines take into account both the importance and expense of daycare. The 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 0,000.00 and the wife makes ,000.00 the combined gross income for the parties is 0,000.00. 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 Guidelines amount.

How is Child support modified in Rhode Island divorce and family law cases?

 Rhode Island Child Support is not automatically modified when there is a change in circumstances. The parent must file a motion to modify. When a motion for modification  is filed a court date will be set by the clerk of the Rhode Island Family Court. In order to modify child support there must be a substantial change in circumstances.  Under RI Law, a new child support amount does not run retroactive to when the circumstances actually changed! The new order should run retroactive to the date of the filing of the motion.

Therefore, you should not wait too long after circumstances change until you file for a modification of Rhode Island Child Support. There must be at least a ten percent change for a modification to occur unless the party agrees otherwise. You should contact a Rhode Island  Divorce or Family law lawyer / attorney to see whether you are eligible for a modification.

What  may constitute a substantial change in Circumstances pursuant to Rhode Island family law?

1. unemployment<br>
2. disability<br>
3. new dependant child<br>
4. decrease in income of either party<br>
5. increase in income of either party<br>
6. increase in cost of daycare<br>
7. increase in cost of medical insurance<br>
8. a change in the financial circumstances of the either parent such as inheritance, acquiring assets<br>
9. either party obtaining social security benefits (SSI or SSDI) or afdc benefits<br>
10. new RI Child Support Guidelines promulgated.<br>
11. loss of overtime income<br>
12 a substantial bonus of either party<br>
13 any other change in circumstances that is recognized by the Court.

If a person violates a Rhode Island Family Court order by not paying child support, the parent with physical custody may file a motion to hold that person in contempt for failure to pay. A person accused of not paying has a right to a hearing. The obligor parent has the right to proper notice under the Rhode Island Family Court Rules.

If the person owed child support (the parent with physical placement / custody) is on AFDC Benefits (welfare) than payment may be owed to the state of Rhode Island. In that event, the motion may be initiated by the State of Rhode Island, Child Support Enforcement rather than the father or mother with physical custody of the minor child.

A contempt proceeding could be part of a Rhode Island divorce, child custody, Complaint for separate Maintenance, dcyf petition, child visitation, paternity or other type of Family Court legal action. If there is a potential for incarceration and a person cannot afford a Rhode Island Family Law lawyer / attorney then the Family Court must insure that the person has an attorney representing him or her. The Judge usually has a list of Court Appointed attorneys who are paid for by the state. Otherwise, the Court will appoint one of the lawyers from Rhode Island Legal Services to represent the person.

There is often an opportunity to settle the matter prior to any hearing in which a judge may find a person in willful contempt. A settlement typically may include any one of the following or a combination of the following or something different: the obligor agreeing to remain current, paying a lump sum, a payment plan, staying current in addition to an arrearage order, etc.

In some situations, the parent with physical custody or Child Support enforcement is unwilling to settle the matter and insists on a hearing.

If a person is found in technical contempt after a hearing, it means that the person has not complied with the child support order. However, the Court believes that the person had a legitimate reason or excuse for failure to pay, such as loss of job (being fired, laid off), decrease in income, disability, injured at work, unable to work, medical problems, or a myriad of other excuses or explanations. The judge also may not accept any of the above stated excuses as justification for failure to pay.

A person found to be in technical contempt will not be sentenced to the Adult Correctional Institution (aci) (jail)! However, the person may be ordered to find employment, raise a lump sum, stay current and / or make payments on the arrearage, pay attorneys fees, make certain lump sum payments, obtain a second job etc.

Most Judges have little patience for people who do not support their children. If the person has an excuse for nonpayment it better be a good one or they may find themselves in Jail. The amount of arrears and the person’s history for compliance or noncompliance is often crucial in a judge’s determination! If a person has a long history of nonpayment then that person has a much higher likelihood to be held in willful contempt.

The more a person owes the more likelihood that the person will be held in willful contempt.

At a hearing the judge will look at all relevant supporting documentation that has been offered into evidence. The judge will almost always ask what the person can pay at that moment or whether they are able to immediately borrow money from friends or family. The Usual Dialogue is – “how much can you come up with to stay out of Jail and how quickly can you pay?” The RI Family Court judge may also be interested in whether a person has assets that he or she can sell.

If a person’s circumstances change then they need to file a motion to modify or suspend their child support rather then not make the payments! Child support does not automatically modify upon circumstances changing. If a modification is granted then the modification will be retroactive to the date of filing of the motion to modify not the date the circumstances actually changed. This does not mean that a person can unilaterally change their child support when they file a motion. It means that the child support will run retroactive after the Family Court issues an order modifying the child support. Therefore, if a person loses their job, becomes disabled, their hours are reduced or their pay decreases they must immediately file a motion to modify.

Child support can only be changed or modified if a motion is filed and an order enters. In many instances the judge’s response to a person’s plea to not hold them in contempt because they lost their job or their income decreased will be something like: “you should have filed a motion to modify or suspend child support when your circumstances changed rather than not pay.”

A finding of willful contempt means that the judge believes that a person is thumbing their nose at the Court or has no reasonable justification for nonpayment. It could result from the judge not believing that the stated excuse for nonpayment is a justifiable excuse. A finding of willful contempt could also mean the following: 1) the person has the ability to pay and has not made payment 2) the person has not made proper efforts to find suitable employment 3) the person is able to work yet either isn’t working, is underemployed or not making proper efforts to find employment.

The judge may believe that the contempt is willful because the person is lying, exaggerating his excuse or that the person is not acting in good faith.

If a person is found in willful contempt for not paying Rhode Island child support, the person could be sentenced to the aci from day to day. Contempt sanctions are technically not criminal proceedings! However, since the sanctions could lead to jail time, they are quasi criminal proceedings. Contempt proceedings are not technically criminal because they are intended to compel compliance with child support orders rather then punish for nonpayment!

If a person is sentenced to the aci from day to day, then the judge of the Rhode Island Family court will usually state that upon payment of certain amount the person will be released from jail. In child support contempt proceedings there is always a ticket out of jail by making a certain payment. A person could be held in willful contempt and not be sentenced to the aci.

How do I terminate my obligation and stop wage garnishment in Rhode Island?

In Rhode Island (RI) child support does not automatically terminate when a child reaches 18 years old! Termination of a child support order is not automatic in Rhode Island! An  order / obligation will only terminate if a motion to terminate is granted by a Judge of The Rhode Island Family Court.  Unlike a motion to modify child support, a DR6 financial statement is not necessary unless there is an additional child in which an obligation will continue. If there is an additional child under 18 then a motion to terminate  is really in essence a motion for modification of support.

Pursuant to RI law, child support is eligible to be terminated upon a child attaining the age of 18 and graduating high school but not longer then the child turning 19 years old. If the child is 18 years old and still in high school than child support may continue until the child graduates high school but not longer then the child attaining the age of 19.  If a child is determined to be seriously disabled then child support may continue until the child attains the age of 21. If the Judge finds good cause the child support might continue for three months after graduation from high school.

A person should file  a motion to terminate  approximately 30-40 days prior to the child’s graduation from high school.  If the child did not finish high school then a person should file their motion 30-40 days prior to the child’s 18th birthday. It will take a approximately 30-40 days until the clerk can schedule a hearing for the termination motion.

After the motion to terminate, the attorney must submit proper documentation and orders to the court, the obligors employer (to stop wage garnishment) and to the reciprocal clerk (to amend the computer records) If the computer records are not updated then the computer will continue to show an arrearage which may cause problems including automatic intercept of your tax refund, inability to obtain a passport among other problems.

Al the counties in Rhode Island (Providence, Kent, Newport and Washington County) follow the same general rules and procedures. Providence County includes East Providence, Providence, Cranston, Cumberland, Barrington, Bristol, North Smithfield, woonsocket and other towns and cities. Kent County includes Warwick & North kingston, East Greenwich as well as other towns. Newport County includes Newport, Middletown & Portsmouth. Washington County includes South Kingstown, Wakefield, narragansett etc.

The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice.

A large body of research overwhelmingly suggests children do best when they have both a mother and a father involved in their lives. Specifically, children whose fathers participate in raising them do better in school, are less likely to get into trouble with the law, and are more likely to be better parents themselves. While more fathers are being awarded legal custody of their children, the statistics seem to indicate that the majority (between 75 and 85 percent) are awarded to mothers. Today, nearly 20 million children live in a home without a father (2002 U.S. Bureau of the Census). Recent Census Bureau child-custody statistics indicate that nearly 40% of non-custodial fathers have no access or visitation rights whatsoever with their children.  A very troubling statistic, indeed! Of those that do have visitation rights, what percentage are actually seeing their children regularly? The statistics in the studies vary greatly. But it seems clear that frequently the amount of contact the children have with their fathers diminishes over time.  A recent study published in the Journal of Marriage and Family finds that children born outside of marriage are less likely to be visited by their father when the mother is involved in a new romantic relationship. It also finds that the mother’s social decisions typically have a direct affect on the contact between a father and his child. However, like most studies which I have read, it concludes that non-residential fathers SHOULD continue visitation despite the inherent complications when mother starts dating as it is in the long term best interests of the child.

A review of the research that I have seen also makes it clear that children, especially daughters, benefit considerably when the parent they are not living with nevertheless does everyday things with the child, from shopping, reading, visiting, doing homework, watching TV together, to spending holidays together.  For a school-age daughter, doing everyday-type things together with the parent she is not living with is the strongest predictor of psychological well-being.

Don’t Let Geographical Distance Deter You!

Perseverance may no doubt be required, but Dads need to press on to be as involved as much as they can with their children. I recently concluded representation of a father who has fought in a rural Ohio juvenile court for the last 4 years to expand his parenting time and to ultimately obtain an order of Shared Parenting for his 5-year-old daughter, despite his living in North Carolina. His perseverance was incredible as were the efforts of a dedicated Guardian ad Litem who flew two times to father’s home in North Carolina to evaluate firsthand their strong and developing father-daughter bond. This wise father had allowed his relationship with his daughter to grow naturally and gradually over the years. As much as he wanted her with him, he elected not to force any extended out-of-state visitation beyond his daughter’s comfort zone. What has occurred is that his daughter wants to spend as much time with him as possible. This child will have a much better chance to grow to become a very healthy adult because of Dad’s efforts despite a very contentious court battle. The child will be attending school in Ohio, but father has court-ordered parenting time both in Ohio and North Carolina as well as utilizing virtual visitation online to supplement his "in-person" contact. Dad continues to read books to her at night online with the use of a web camera.

I would like to share a quote by George Bernard Shaw which seems apropos:

"People are always blaming their circumstances for what they are. I don’t believe in circumstances. The people who get on in this world are the people who get up and look for the circumstances they want, and, if they can’t find them, make them."

If that one doesn’t work for you, here is one that I am sure my client would especially enjoy since it is from one of his heroes, Erin Brokovich:

"Take It From Me: Life’s a Struggle but You Can Win.”

Think outside the box. In this day and age, staying connected with a child is possible regardless of geographical distances, acrimonious litigation, work schedules or other obstacles. An excellent resource for helping parents dealing with these issues is the Separated Parenting Access and Resource Center (SPARC), a non-profit organization dedicated to promoting the best interests of children involved in custody and divorce proceedings. Click here to go to SPARC’s website. Also, you might be interested in reading my prior articles about Virtual Visitation. Click here to read the first about Utilizing Technology to Supplement Parenting Time. Click here to read the second about The Legal aspects of Virtual Visitation.

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The promising trend of cooperation in the divorce and family law professions has generated creative solutions to support issues. Many parties reach alternate support agreements in order to better accommodate their particular parenting schedule or in an attempt to be more flexible. Lee Borden has posted an article entitled “Lets do this instead of child support,” which illustrates some of the advantages to using statutory child support guidelines.

Hugh W. Barrow edits the Kentucky Divorce & Family Law Blog. He is a divorce attorney in Louisville, KY practicing all aspects of Kentucky Family Law.