Rhode Island Divorce Laws

Rhode Island Divorce Laws regarding Child Support

In this state, the Income Shares Model is used to determine child support. Initially, the Court observes the court established guidelines to compute the child support. However, if the Court reaches the conclusion that this amount is inequitable to either parent or the child, then the Court considers the following issues to find out the reasonable amount of support for the child –

• The requirements and economical resources of the non-custodial parent
• The educational requirements and emotional and physical state of the child
• If the marriage was not dissolved, what standard of living the child would have enjoyed
• The economical resources of the custodial parent
• The economical resources of the child

The Court uses its discretionary powers in issuing orders of education costs and child support for children remaining present in high school during their 18th birthday. This support continues for 90 days after the child graduates, but in no case after the 19th birthday. If the child has severe physical or mental impairment, the Court may issue orders to continue child support till the 21st birthday. The orders of the Court for child support are inclusive of orders to procure health insurance coverage for the child when parents can obtain it through their job at nil or a reasonable expenditure.

Rhode Island Divorce Laws regarding Child Custody

Initially, the parents are offered an opportunity to reach an agreement regarding custody of their children. However, if the parents fail to do so, the Court orders the natural parent who does not have custody of the children, the reasonable right of visitation, unless a cause is shown as to why such a right should not be offered.

The Court expects that both the children and the custodial parent should comply with its orders. If noncompliance occurs for the first time, a motion of contempt may be filed by the non-custodial parent. The Court ascertains the non-compliance and defines the visitation of the non-custodial parent in detail. If noncompliance occurs for a second time, the Court regards this as a reason for an alteration in custody to the non-custodial parent.

Spousal Support

The Court is guided by the following issues regarding awarding alimony –

• The requirements, liabilities and conditions of both the partners
• The following attributes of both the partners
  • Employability
  • Vocational skills
  • Sources and amount of income
  • Occupation
  • Station
  • Age
  • Health
• The demeanor of the partners in the married life
• The duration of marital life
• The standard of living enjoyed in marital life
• Considering the age and skills of a specific partner, the possibility of completion of education or training to become self-supportive
• The expenditure and duration essential for the supported partner to attain the essential education and training to seek apt job
• The duration for which a partner was absent from job due to the responsibilities of homemaking and the degree to which the experience, skills and education of this partner have become obsolete and consequently resulting in a decrease in earning capacity
• Other factors which the Court finds proper and just

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