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What if my child's parent works overtime? Will overtime be comprised in child support?
There is no criterion decree or rule in Rhode Island regarding whether or not the non-possessory parent's overtime will be used to calculate child support. One Judge in Rhode Island consistently rules that overtime amends cannot be used to calculate child support.
Other Judges in Rhode Island have another attitudes regarding overtime. The Family Court is a court of equity and fairness. Judges in Rhode Island will typically look at whether or not a human consistently works overtime over a substantial time of time. Judges may also look at if or no overtime is consistently offered to a spouse. If overtime is infrequent or no typically attempted Judges may be hesitant to calculate overtime as a factor of child support. In that case, numerous attorneys dispute that a person's income should be calculated using their W2 or gross income for the plenary calendar annual. By calculating gross income over one whole calendar annual even infrequent overtime becomes one element of child support.
Judges may too see by additional factors such as the needs and expenses of either parties and any amazing expenses as the child. At least 1 Judge has suggested that the possessory parent obtain a percentage of the overtime namely is worked by the non-possessory parent. Other Judges in Rhode Island deem namely overtime should always be a factor in child aid. Often the publish of overtime namely negotiated by the lawyers prior apt any formal ruling at the Judge. Please contact Rhode island child assist solicitor david Slepkow by 401-437-1100 if you need valid aid or have a question
2) My child is about to turn 18 yet is still in high school and living at home, can I still get child support?
Under Rhode Island Law,[link widoczny dla zalogowanych], child support should end while a child corners 18 and graduates lofty school. If the child is still in high school, then child support will proceed until the child turns 19.
Child support in Rhode Island automatically continues even later the child turns 18 unless a Motion to cancel child support is filed. If you are a non-possessory parent, your best option is to contact a lawyer to file a Motion to Terminate Child Support approximately 40 days prior to your child turning 18 and graduating high school. This will mean that the motion will be listened ashore a court appointment soon after the child turns 18. Please memorandum that the non-possessory parent tin still be base in disdain for failure to pay child support even after the child turns 18 if there is no film acknowledged to terminate the child support. If a child is seriously maimed,[link widoczny dla zalogowanych], child support shall continue until the child turns 23 years age? Please visit my website at />
3) Can I get my child's dad to be ordered to pay for my child's academy schooling?
In Rhode Island the Court has no jurisdiction to order a parent to pay for the college education of his/her child. However, if pursuant to a Property Settlement Agreement or other contract, one party agrees to pay for a child's education,[link widoczny dla zalogowanych], then that agreement may be enforced by a court of law. Therefore, if you seek to have your child's parent pay for your child's college education, then you must negotiate payout of college expenses as chapter of a global settlement of the divorce or custody agreement or other similar agreement.
4) Who is working to pay for my child's daycare?
The Rhode Island minimum child support guidelines take into list both the importance and expense of daycare. The child support guidelines and worksheet are accustom to make sure the appropriate value of child support to be paid by the non-possessory parent. The bottom line is that a gathering ambition be ordered to pay approximately the same percentage of the daycare that the gathering makes in relation to that party's percentage of the combined gross earnings of both parties.
For example: If the husband makes $100,000.00 and the wife make