Should you file a Motion to Modify Child Support in Rhode Island if there is a change in financial circumstances between you and the child's mother?
Depending upon the circumstances you should calculate the child support numbers based upon the new financial circumstances as compared to your prior child support order and determine whether or not the new child support amount would be beneficial to you depending upon whether you are the payor parent or payee parent.
Lately I have seen quite a few people filing their cases "Pro Se" in otherwords they are representing themselves instead of hiring a Rhode Island lawyer to look out for their best interests. This would work fine but the fact is that many people don't know the ins and outs of the Rhode Island Child Support Guidelines. So in some cases when they don't even bother to get legal advice from an experienced and licensed legal professional they end up hurting themselves instead of helping themselves. In about 25% of the cases I have seen lately, the person who is seeking to modify the child support obligation actually ends up hurting their own interests.
For instance, a father may wish to modify the child support because the child's mother has a better paying job but he doesn't realize that the more gross income there is between the two parents, the more child support the child is entitled to. Therefore, the father may actually accidentally increase his child support obligation.
Mother's who have placement of a child often do the same thing and expect an increase in child support payments only to find out that they ended up bringing the father to court and actually reduced the father's payments by accident.
It is important to understand many different variables having to do with Rhode Island Child Support in order to know whether or not you should file a Motion to Modify Child Support. In every case it is NOT always automatic. You need to know, based upon all of the circumstances whether or not you truly actually want the modification based upon what might happen as a result of comparing the old order with the current circumstances. Sometimes, a Motion to Modify that is not carefully planned will send you two steps back instead of one step forward.
All My Best to You on Your Journey Through The RI Family Court,
Attorney Christopher A. Pearsall - "The Rhode Island Divorce Coach"™
As a dedicated divorce and family law attorney for more than a dozen years, I look forward to the privilege of serving your needs.
Call me for your affordable advice session at (401) 632-6976 and find out if a Motion to Modify is the right move for YOU!