Child Support is often mistaken as the right of custodial parent to receive money from the non-custodial parent. This is a common misunderstanding and it is very easy to misunderstand the distinction. Under Rhode Island Divorce and Family law, child support is the right of the child to be supported by each of his or her parents or legal guardians. The reason this family law concept is so easily misunderstood is that this right is typically asserted by the parent awarded placement of the child acting on behalf of the child because the child is incapable of asserting this right for himself or herself.

As a Rhode Island divorce lawyer focusing my practice in the areas of divorce and family law, there are many questions that are often posed by prospective Rhode Island divorce and family law clients that are not as straightforward as most people would like them to be. A few questions and answers below may help you to better understand why there are not always easy answers to the questions.

QUESTION:   How much child support might I be awarded in my Rhode Island Divorce?

ANSWER:   The amount varies depending upon a number of factors including the gross income of each party, the amount of any pre-existing court ordered child support obligations for other children of either party, the amount of health insurance premiums paid by either parent for the benefit of the minor child who is subject to the child support calculation, the employment status of either parent, the employability of either parent, the amount of any premiums paid by either parent paid for life insurance kept in force for the protection and/or benefit of the minor child(ren), how many children are placed with each parent, whether you are on any public assistance for the benefit of the child, whether there is any social security dependency benefit allocated for the benefit of the child and what those funds have been used for, etc . . .

Depending upon your particular circumstances and the placement of the minor child(ren) you may or may not be entitled to child support.

QUESTION:   How is Rhode Island Child Support calculated?

ANSWER:   The Rhode Island Family Court has adopted what are known as the Rhode Island Child Support Guidelines. The guidelines are exactly that... Child Support Guidelines. A Guideline Worksheet sets forth the manner in which the baseline child support is calculated. This figure is generally accepted as reasonable and proper by most family court judges in most circumstances. However, as you might anticipate, these guidelines and the accompanying worksheet do not address each and every placement scenario.

Therefore you should not expect that simply because you calculate the guidelines in accordance with the Rhode Island Child Support Guideline Worksheet that you will automatically be awarded the amount of child support you have calculated.

QUESTION:   What if I don't want child support from the child's father?

ANSWER: It is certainly within your discretion to ask the court that the child's other parent not be required to pay child support. You should expect, however, that a judge might refuse such a request because child support is a right that the minor child is entitled to. Although you may ask that the court not to order any child support from the other parent at this time (called leaving child support "open"). Rhode Island divorce and family court judge's may scrutinize this request and the reasoning for it because it is in the child's best interest that both parents contribute to the support of the child.

Some family court judges will not allow you to waive child support or "leave it open" because such a request is, in most cases, against the best interests of the minor child.

Each year I find at least a dozen cases where individuals and even attorneys who do not routinely practice in the Rhode Island Family Court have made substantial miscalculations in child support obligations. These miscalculations amount to thousands and sometimes tens of thousands of dollars in overages or shortfalls for one party or the other.

Child Support can be a very hefty financial burden for some people. If you make a calculation error in your divorce or child support proceeding which remains undiscovered for many years, you could end up paying thousands more than you would have spent had you obtained a good Rhode Island divorce lawyer in the first instance.

The same is true for calculation errors that underestimate the amount of child support a placement parent should be receiving on behalf of the child(ren). This could leave you and your children with thousands of dollars less each year than they may be otherwise entitled to.