How is child support determined in Rhode Island divorce cases, paternity cases, child support cases, and child visitation cases?
Child support is usually determined by the “Rhode Island Family Court Child Support Formula and Guidelines.” In theory, the guidelines are intended to be a floor, not a ceiling, so a parent has the right to seek more than the minimum amount allowed by the guidelines. However, in actuality, the guideline amounts are used in the vast majority of child support cases in Rhode Island.
The court is entitled to look at the assets of the parties 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 in determining child support. For example, if a person is underemployed or refuses to work when capable of working, then the court can determine the earning capacity of the party.
The Rhode Island Child Support Guidelines formula is based on an income shares model where 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 for medical insurance and dental insurance. Another required deduction is for additional minor dependants (children). There are also discretionary deductions that some judges may allow, such as life insurance costs.
After determining the combined adjusted gross income of the parties, the guidelines are used 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 to that figure.
Pursuant to the minimum guidelines, the non-custodial parent is obligated to pay a percentage of the amount set forth above that is the same percentage of that person’s adjusted gross income to the total adjusted gross income of both parties.
For example: If Mom makes $1,000 a month and dad makes $4,000 a month and each incurs $200 of medical insurance payments, then the adjusted gross income of Mom is $800 and the adjusted gross income of Dad is $3,800. The combined adjusted gross income of both is $4,600. Dad makes 82.6 percent of the combined adjusted gross income of the parties and is thus required to pay 82.6 percent of the minimum guideline amount plus the daycare expenses.
Once the correct percentages are determined, the next step is to get a copy of the most recent version of the Rhode Island Child Support Guidelines, which may be obtained at the Rhode Island Family Court, and examine the information regarding the “Rhode Island Monthly Basic Support Obligations” (effective October 1, 2002). (Please note that new child support tables should be issued soon).
Assuming that the parties have two children, the guidelines indicate that the correct child support amount is $956.00. Assuming there are no daycare expenses, then the father would be obligated to pay 82.6 percent of $956.00 per month, which would be $789.65 per month, or $183.00 per week.
If there are daycare expenses, then the work-related child care costs would be added, minus the federal tax credit. The State of Rhode Island uses a rule of thumb of approximately 75 percent to 80 percent of actual daycare expenses.
The guidelines in theory, and in most cases in actuality, establish the minimum amount that a person is required to pay. The family judge has discretion to go over the minimum amount provided by the guidelines if there is justification under the circumstances.
Some judges consistently go over the guidelines. The types of circumstances that may cause a judge to issue a child support order above the guideline amounts include:
(a) a case of substantial assets;
(b) a standard of living and expenses that far exceed reported gross income; or
(c) extraordinary necessary expenses and needs related to the child.
If the parties agree to a child support amount which is below the Rhode Island Child Support Guidelines, it may be allowed in some limited circumstances. Approval of a lesser amount could happen where there is visitation exceeding the norm, where there are extraordinary payments of the child’s expenses, or may sometimes even be based on the parties’ agreement alone.
