Payment of child support is the financial obligation of the parent who does not have physical placement of the child. The State of Rhode Island provides minimum guidelines as to how this financial obligation is computed. Failure to meet this obligation can result in a variety of sanctions including incarceration.
It is the obligation of both parents to support their children. The parent with whom the child is placed inherently meets this obligation. That parent cannot waive the obligation of the other parent.
Yes! Either parent may petition the court for a change in child support. Once the court receives this petition, child support may be adjusted up or down depending on the income presented to the court by both parents.
You should consult an attorney immediately. If there is a child support order, a petition may be filed to hold the offending party in contempt. The court can order a garnishment of wages both for the current amount and for an amount toward the back payments. In extreme cases the court can order the offending party jailed.
The Department of Human Services will adjust the amount of welfare that you receive by the child support that you receive. If you have not been receiving child support then the Department of Human Services will file a petition with the court for the child support arrearage.
Child support and visitation are considered by the court as two totally separate issues. You cannot withhold visitation because you have not received child support. Conversely you cannot withhold child support because you have been denied visitation.
For the most part your obligation extends until the child's 18th birthday. In some cases it can end early if the child is emancipated such as through marriage or if your parental rights have been terminated and the child adopted by a step parent. In some cases the obligation can be extended past the 18th birthday in the event the child has not graduated from high school.
The State of Rhode Island provides for a complicated formula in order to allocate how much each parent is to contribute to the other based on the incomes of each and the amount of time the child is with each parent. It is important that you have a lawyer represent you in order to protect your rights.
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E-mail to Jan W. Head
Jan W. Head, Attorney At Law - 1345 Warwick Avenue - Warwick, RI 02888 - Tel: 401-463-9151