How Do I Fill Out the Required RI Court DR-6 Financial Form?

The DR-6 (a-b) “Statement of Assets Liabilities Income Expenses” is a form that all family court parties are required to fill out and file when filing complaints for divorce. separation, miscellaneous complaints, or when an answer or modification request is filed. After reviewing the DR-6, it can be seen that page one deals with income and assets, and page two deals with liabilities and debt. Most attorneys will provide an additional page (Exhibit A) for extra expenses to be listed. An example of a completed DR-6 can be found here.

The first grouping, gross income and income deductions, is essentially a persons pay stub if they are typical wage earners. Section 1-10 is for a listing of incoming money sources, as in gross income (before taxes), social security income, etc. Section 6 and 9 are somewhat complex to describe, so consult with an attorney if you think they apply. Do not list child support PAID, or your rent EXPENSE here. THey are outflows and go on the next page.

The income deductions section is a listing of things coming out of your check before you get it, or, if self-employed, it is a place to list the money set aside or sent in for anticipated taxes, self employment taxes, etc. Section 23 is your “take home” income.

Section 24 related to your tax status and is self explanatory. Section 25 deals with insurances of a variety of type. Ensure you are familiar with the difference between whole and term life insurance for this section.

Section 26 is a listing of cash and intangible bank accounts.

Sections 27 (A) itemizes things such as 401(k)s, IRAs, brokerage accounts, etc. Section (B) lists significant tangible assets, such as vehicles, collections, things that people might argue over. Section (C) lists real estate. For each part of Section 27, only list values that you have evidence for. Don’t guess.

Page two is for expenses. Put each of your expenses in the appropriate column depending on the frequency with which you expend the money. Food (#30) is typically weekly, while rent, mortgage, utilities, etc. are typically monthly. Work your way down the list and use the blank spaces for unlisted expenses and for debt repayment, such as credit cards, etc. DO NOT list expenses that have already come out of your paycheck, as often may be the case with thinks such as Dental, Union Dues, or Blue Cross (meaning health insurance – you have to wonder who prepares these forms.) Please note that you need not break down your grocery expense from your dairy product expense as requested in Sections 29 and 30. Just group them together.

Ensure that you fill out the additional “Exhibit A” form, or the like, if you are provided with one. Ensure that the totals from that Exhibit are carried over to page two of the DR-6 (Section 55 for Moyer Law Office’s form) so the totals are accurate.

Now, some big picture answers. The form is officially designed to reflect the current reality of a person’s financial position. If you are working, but expect to be laid off in three weeks, put your present income on the form. If you will be moving out of the house after filing for divorce, put your current expense liability on the form, not whet you expect to pay in three weeks. You are always encouraged (and required) to update the form as the changes occur.

Don P. Moyer, 401 461-7800, Moyer Divorce Law

Can a Child Support Order be Changed?

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 review is the second part. What constitutes a significant change in circumstances is up to the judge, but can safely be assumed to include changes in income by 10% up or down, changes in the number or minor children, or other changes in the variables used to originally calculate the support order.

There are two other ways to “open the door” for the right to review child support, and technically, they are “significant changes in circumstances” as first described above. First, by statute, the courts will consider there to be a change in circumstances automatically if it has been more that five years since the existing child support order was entered. The other method or opening the door to a review occurs automatically every time Child Support Guidelines are updated, which occurs every five years or so.

Recalculating Support

(Try our RI Child Support Calculator)

Now that the door is open for review, the courts will recalculate support based on all the factors set out at the beginning of this topic to come up with the new support order. Generally, is you get this far there will be a change, however, it court be very small.

Example: Bob and Lisa have two children and have been divorced for two years. Bob is paying child support to Lisa per the “guidelines.” Lisa has another child with her new husband, and Lisa gets a pay raise of 20%. Bob files for a change in support. Both the new child and the pay raise constitute a significant change in circumstances. The door is open, but the support only changes by 50 cents per week. In this case the pay raise would by itself reduce Bob’s support obligation, but when calculating support, Lisa now gets a deduction from her new income for her new child, balancing out the change.

Don P. Moyer, 401 461-7800, Moyer Divorce Law