Child support may be modified after one of three circumstances occur. In RI, child support is based on the parties income and available resources support and that information, along with some other factors such as daycare costs, medical insurance costs, or the number of other minor children a party is responsible for, is what is plugged into the “guidelines” to calculate child support. There are three general events that can occur that will trigger the ability to review and modify child support.

Opening the Door

If there is a “significant change in circumstances” as it related to the factors set above, then the courts will “open the door” to a review. Notice that part one is to open the door for a review. Whether there is a change after the Read more…

Child Support, Modification posts

The two most common grounds for divorce in Rhode Island are “Irreconcilable Differences” and “Living Separate and Apart for the Space of Three Years”. The other, older, grounds for divorce are as follows:

(1) Impotency;

(2) Adultery;

(3) Extreme cruelty;

(4) Willful desertion for five (5) years of either of the parties, or for willful desertion for a shorter period of time Read more…

Divorce, Fault Issues posts

The Family Courts in Rhode Island consider certain factors set out in R.I.G.L. 15-5-16.1 which specifically deals with this question. The factors are as follows:

(1) The length of the marriage;

(2) The conduct of the parties during the marriage;

(3) The contribution of each of the parties during the marriage in the acquisition, preservation, or appreciation in value of their respective estates;
Read more…

Asset & Debt Division, Divorce posts

Link to Case PDF

This pivotal case is the centerpiece in any litigation regarding relocation of children out of the State of Rhode Island.  The case came about when a judge implemented a trial Justice denied a petition to allow the removal of the child from the jurisdiction on the basis that there was “no compelling reason to do.”

The RI Supreme considered that standard incorrect, and laid out certain factors to be considered in any relocation matter.  With the understanding that the “best interest of the children” is the foremost consideration when Read more…

Child Relocation, Custody & Placement, Interstate Enforcement & Modification case law, relocation