Child Support

Rhode Island Child Support Lawyer

Rhode Island Child Support Attorneys Representing Parents in Support Disputes

Rhode Island child support disputes can involve complicated questions concerning parental income, financial resources, custody arrangements, business ownership, and the appropriate amount of support under the Rhode Island Child Support Guidelines.

At Bilodeau Capalbo, LLC, our Rhode Island child support lawyers represent parents in matters involving the establishment, calculation, modification, and enforcement of child support obligations. Our attorneys assist clients in resolving disputes concerning financial disclosure, earning capacity, self-employment income, business distributions, and the application of Rhode Island’s Child Support Guidelines.

Whether parents are married or unmarried, Rhode Island law recognizes the obligation to provide financial support for their children. Disputes concerning these obligations may arise in connection with child custody and visitation, paternity proceedings, or requests to modify existing Family Court orders.

Our firm represents clients in Rhode Island and assists with related family law matters in Connecticut and Massachusetts.

Understanding Rhode Island Child Support Guidelines

Child support in Rhode Island is principally governed by R.I. Gen. Laws § 15-5-16.2 and the Rhode Island Family Court Child Support Formula and Guidelines.

Rhode Island Child Support Calculator — Estimate Weekly and Monthly Payments

Parents seeking a preliminary estimate of potential child support obligations may use the Rhode Island Child Support Calculator provided by Bilodeau Capalbo, LLC.

Our educational estimator allows parents to enter income information and obtain approximate weekly and monthly child support payment calculations for supported income levels and circumstances.

The calculator is intended to provide general information about potential support obligations. Actual child support payments may differ based upon the applicable Rhode Island Child Support Guidelines, parental income, allowable deductions, childcare expenses, health insurance contributions, parenting arrangements, and other relevant circumstances.

Important Disclaimer — For Estimating Purposes Only

The calculator is provided solely for informational, educational, and estimating purposes. It uses a limited selection of verified amounts from the Rhode Island Child Support Guideline Schedule and does not calculate support for every income level or circumstance. Results are not guaranteed to be accurate or applicable to any particular case, do not constitute legal advice, and should not be relied upon to establish, modify, terminate, or withhold child support payments. Existing court orders remain enforceable unless modified or terminated through appropriate legal procedures. Use of the calculator does not establish an attorney-client relationship.

For individualized assistance with child support calculations, modifications, or enforcement proceedings, contact Bilodeau Capalbo, LLC at 401-300-4055.

Under § 15-5-16.2(a), the Family Court generally determines child support by applying a formula and guidelines adopted through an administrative order. The guidelines establish a starting point for calculating the financial obligations of parents based on their income, available resources, and other relevant circumstances.

The Rhode Island Child Support Guidelines consider both parents’ financial circumstances. Depending on the facts, the calculation may involve:

• Gross income earned by each parent;
• Wages, salaries, bonuses, commissions, and other compensation;
• Income from self-employment or ownership of a business;
• Rental income, investment income, and other financial resources;
• Health insurance premiums attributable to the child;
• Work-related childcare expenses;
• Existing child support obligations and other dependent children;
• Certain allowable deductions and adjustments; and
• The child’s particular financial and medical needs.

The Rhode Island Family Court updated its Child Support Guideline Schedule effective July 1, 2023, through Administrative Order 2023-02.

Parents and attorneys should consult the applicable guideline schedule and worksheet when determining the presumptive support obligation.

The Rhode Island Office of Child Support Services publishes the applicable guidelines and related information.

Can the Family Court Deviate From the Child Support Guidelines?

Although the guidelines provide the starting point, Rhode Island law permits the Family Court to order a different amount when the guideline calculation would be inequitable to the child or either parent.

Under R.I. Gen. Laws § 15-5-16.2(a), the court must make findings of fact supporting a deviation and consider relevant circumstances, including the financial resources of the child and parents, the child’s needs, and the standard of living the child would have enjoyed had the family remained intact.

A parent seeking a departure from the guideline calculation should be prepared to present evidence demonstrating why the presumptive amount is inappropriate.

A court may consider extraordinary expenses, the parties’ financial resources, and other circumstances relevant to the child’s support. A deviation is not automatic merely because one parent requests a greater or lesser amount.

Rhode Island Child Support Guidelines and Calculation Worksheet

Parents who want to estimate their potential child support obligation can review the official Rhode Island Child Support Guidelines and Schedule, published by the Rhode Island Office of Child Support Services.

The guidelines consider both parents’ incomes, the number of children, qualifying deductions, health insurance expenses, work-related childcare expenses, and other relevant financial circumstances.

The Rhode Island Family Court also provides an official Child Support Guideline Worksheet that parents can use to organize the information necessary for a guideline calculation.

A guideline calculation is not necessarily the amount a court will ultimately order. Issues involving self-employment, closely held businesses, disputed income, extraordinary expenses, and deviations from the guidelines may require additional legal and financial analysis.

Bilodeau Capalbo, LLC represents parents in disputes concerning child support calculations, modifications, business-owner income, and enforcement of support obligations. Contact our attorneys if you need assistance determining how the guidelines apply to your circumstances.

Child Support for Business Owners and Self-Employed Parents

One of the more complicated issues in Rhode Island child support litigation concerns determining the actual income available to a parent who owns a business or receives compensation through a closely held company.

Business owners may receive income through salaries, distributions, partnership payments, rental properties, or other financial arrangements. The income reported on a personal tax return may not fully reflect the funds available for child support.

Conversely, business income reported for tax purposes does not necessarily mean that all of those funds are available for personal use.

Rhode Island Supreme Court decisions have addressed these issues and provide important guidance for parents who own businesses, hold interests in limited liability companies, or receive income from closely held corporations.

Trojan v. Trojan: S-Corporation Income and Business Distributions

In Trojan v. Trojan, 208 A.3d 221 (R.I. 2019), the Rhode Island Supreme Court considered whether income and distributions from an S-corporation should be included in determining a shareholder’s child support obligation.

The father was the sole shareholder of a construction-related corporation. Although the business generated substantial earnings, some of those earnings were retained to maintain working capital and satisfy business requirements.

The Supreme Court concluded that undistributed pass-through income should not automatically be treated as income available for child support.

Instead, the court must examine the circumstances surrounding the business and the reasons earnings were retained.

Relevant considerations include the shareholder’s control over distributions, legitimate business reasons for retaining earnings, and whether the corporation is being used to shield income from a child support calculation.

The Supreme Court upheld the exclusion of earnings retained for legitimate business purposes, including the company’s working capital and bonding requirements.

However, the Court reached a different conclusion concerning distributions used to satisfy the father’s personal obligations.

The Court held that distributions used to purchase the interests of former business partners and to pay a personal life insurance premium should have been included in the father’s gross income.

The distinction is significant. A parent cannot necessarily exclude funds from a child support calculation simply because those funds originated in a business or were characterized as corporate distributions.

Likewise, a parent’s ownership interest in a profitable business does not automatically establish that all undistributed business profits are available for support.

Mezini v. Mezini: Business Income and Financial Disclosure

In Mezini v. Mezini, 268 A.3d 1171 (R.I. 2022), the Rhode Island Supreme Court considered a child support award involving a father who owned interests in a restaurant business and a real estate investment company.

The Family Court found that the father’s annual earnings were approximately $180,000, notwithstanding lower amounts reflected in certain tax records.

The trial justice considered the father’s business activities, financial documentation, and testimony. The court also noted that the father had reduced his salary after the divorce proceedings commenced and had failed to produce complete financial records.

The Supreme Court affirmed the child support determination, concluding that the trial justice had appropriately considered the evidence in establishing the father’s income.

The decision illustrates why financial disclosure and credibility are important in child support litigation involving business owners.

Depending on the circumstances, relevant evidence may include corporate and personal tax returns, accounting records, bank statements, payroll information, ownership documents, and records of business distributions.

Why Business Ownership Matters in Child Support Litigation

Disputes involving self-employed parents and business owners frequently require examination of the distinction between business expenses and personal expenses, the availability of retained earnings, and the actual economic benefits received by the parent.

The analysis may also require consideration of whether business funds are being used to pay personal obligations or whether a parent’s compensation has changed for legitimate business reasons.

Bilodeau Capalbo, LLC’s broader experience in business law and commercial litigation provides a foundation for addressing financial and business-related issues that may arise in family law disputes.

Determining Earning Capacity When a Parent Is Unemployed or Underemployed

Child support is not necessarily calculated solely on the basis of a parent’s current reported earnings.

The Rhode Island Family Court may consider earning capacity when the evidence establishes that a parent is voluntarily unemployed or underemployed.

In Boschetto v. Boschetto, 224 A.3d 824 (R.I. 2020), the Rhode Island Supreme Court affirmed a Family Court determination that a father’s annual earning capacity was $120,000.

The trial justice considered financial statements, personal and corporate tax returns, the father’s employment history, and other relevant circumstances.

The Supreme Court recognized that prior employment experience and earning history may be considered when determining a parent’s ability to pay support.

This principle can be particularly important when a parent has voluntarily reduced working hours, changed employment, or altered compensation received through a business.

However, earning capacity must be evaluated based on the evidence and applicable law. Under § 15-5-16.2(a), incarceration may not be treated as voluntary unemployment when establishing child support.

Child Support for High-Income Parents

Child support disputes involving parents with substantial income may require additional analysis when their combined earnings exceed the highest income level addressed by the applicable guideline schedule.

In Saltzman v. Saltzman, 218 A.3d 551 (R.I. 2019), the Rhode Island Supreme Court reviewed a child support award involving a father earning approximately $550,000 annually.

The Family Court ordered the father to pay $5,500 per month in child support, an amount exceeding the maximum award reflected in the guideline schedule applicable to that case.

The Supreme Court affirmed the award, explaining that the court’s focus must remain on the children’s needs, the parent’s financial ability, and all other relevant circumstances.

The Court also recognized that a proportional increase above the guidelines is not required in every case.

Accordingly, a substantial income does not automatically establish a particular child support amount. The court must consider the circumstances of the parents and children and exercise its discretion under Rhode Island law.

High-income child support disputes may involve investment income, business interests, real estate holdings, trusts, bonuses, deferred compensation, and other financial resources.

Modifying an Existing Rhode Island Child Support Order

An existing child support order may require modification when the financial circumstances of a parent or the needs of a child materially change.

R.I. Gen. Laws § 15-5-16.2(c)(2) authorizes the Family Court to review and modify support orders under the circumstances specified by statute.

Examples of circumstances that may warrant consideration include a significant increase or decrease in income, job loss, changes in earning capacity, increased medical expenses, changes in childcare expenses, or material changes in a child’s needs.

However, a change in circumstances does not automatically establish that an existing order should be modified. The court must evaluate the evidence and applicable statutory requirements.

Andrade v. Andrade: A Substantial Change in Circumstances Is Required

In Andrade v. Andrade, 252 A.3d 755 (R.I. 2021), the Rhode Island Supreme Court reviewed a Family Court order reducing a father’s child support obligation.

The parties had previously agreed to a child support arrangement incorporated into their divorce judgment.

The father later sought modification, arguing that the original calculation had failed to account properly for the parties’ shared parenting arrangement.

The trial justice determined that the original calculation was unfair and reduced the father’s obligation.

The Supreme Court vacated the modification order.

The Court explained that modification required consideration of whether a substantial change in circumstances had occurred after the existing decree, affecting the child’s needs or the parent’s ability to provide support.

The perceived unfairness of the original order, standing alone, did not establish the required change.

This decision is particularly important when a parent seeks to revisit a previously agreed-upon support obligation.

Three-Year Review of Child Support Orders

Rhode Island law also provides a separate mechanism for periodic review.

Under R.I. Gen. Laws § 15-5-16.7(b), every three years from the date a child support order was established or modified, either party may request a review.

If the amount under the existing order differs from the amount that would be awarded under the guidelines, the court shall review and, when appropriate, adjust the order without requiring proof of a change in circumstances.

Requests made before the three-year period generally require consideration of the substantial-change standard under § 15-5-16.7(c).

Can a Child Support Modification Be Retroactive?

Rhode Island law restricts retroactive modification of child support.

Under § 15-5-16.2(c)(2), a modification may be made retroactive, in the court’s discretion, only to the date notice of the petition to modify was given to the adverse party, when the statutory requirements are satisfied.

The court must make the required findings concerning the substantial change in circumstances and the basis for retroactive relief.

Parents experiencing financial changes should therefore seek legal advice promptly rather than assuming that a later modification will eliminate obligations that have already accrued.

Child Support Agreements and Court Orders

Parents sometimes reach agreements concerning child support without a contested evidentiary hearing.

However, agreements and documents submitted to the Family Court can have significant legal consequences.

Conway v. Orenberg: Child Support Guideline Worksheets as Court Orders

In Conway v. Orenberg, 349 A.3d 250 (R.I. 2026), the Rhode Island Supreme Court addressed a dispute concerning a child support guideline worksheet signed by the parties’ attorneys and entered as an order of the Family Court.

The father challenged the worksheet, asserting that he disagreed with the support calculation and had not authorized his attorney to consent to it.

The Supreme Court affirmed the child support guideline worksheet as a valid order.

In reaching its decision, the Court relied upon established principles concerning the attorney-client relationship and the circumstances under which a client is bound by the acts of counsel.

The Court also recognized that its decision did not prevent the father from seeking modification through an appropriate motion in the Family Court.

The decision demonstrates the importance of reviewing proposed child support calculations, financial disclosures, and agreements before they are submitted for entry as court orders.

Parents should understand the financial and legal consequences of a proposed support arrangement before agreeing to its terms.

Shared Custody, Parenting Time, and Child Support

A shared parenting arrangement may affect the calculation of child support, but shared physical placement does not automatically eliminate either parent’s support obligation.

The Family Court must consider the applicable guidelines and the circumstances of the parties.

In cases involving substantial parenting time with both parents, the appropriate calculation may require careful examination of the parenting schedule, financial circumstances, and applicable guideline provisions.

The Rhode Island Supreme Court’s decision in Andrade v. Andrade also demonstrates that an existing support order cannot necessarily be modified merely because a parent later disagrees with the treatment of a shared parenting arrangement in the original calculation.

Our attorneys assist parents with related child custody and visitation disputes when parenting arrangements and financial support obligations overlap.

Child Support and Social Security Disability Benefits

Questions may arise when a child receives Social Security dependent benefits attributable to a parent’s disability.

In Evans v. Evans, 226 A.3d 135 (R.I. 2020), the Rhode Island Supreme Court considered a father’s request for a credit against his existing child support obligation based on Social Security Disability Insurance dependent benefits paid for his child.

The father had agreed to the existing support obligation when he already knew the benefits were being paid.

The Supreme Court distinguished that situation from one in which dependent benefits began after the support order was established and represented a change in the source of payment.

Because the requested credit would have reduced the amount of support received under the existing order, the Court treated the father’s motion as a request to modify child support.

The case illustrates why the timing, source, and treatment of Social Security benefits can be important in determining whether a credit or modification is appropriate.

Enforcement of Rhode Island Child Support Orders

When a parent fails to comply with a child support order, the receiving parent may seek enforcement through the Rhode Island Family Court.

Enforcement proceedings may concern unpaid support, accumulated arrearages, wage withholding, or other remedies authorized by law.

Disputes may also arise concerning the amount owed, whether payments have been properly credited, and whether an existing order remains enforceable.

A parent who believes a support obligation is incorrect should not simply stop making payments or unilaterally reduce the amount required by an existing order.

The appropriate procedure depends on the nature of the dispute and whether the parent seeks enforcement, modification, or another form of relief.

Review of Child Support Modification and Contempt Orders

Under R.I. Gen. Laws § 14-1-52(b), certain Family Court orders relating to modification of child support or contempt for failure to pay support are reviewed through a petition for writ of certiorari rather than an ordinary appeal.

The statute establishes a twenty-day period for seeking such review.

In Evans v. Evans, the Rhode Island Supreme Court dismissed an attempted direct appeal from an order denying a request that was, in substance, a motion to modify child support.

The procedural distinction can be significant when a parent seeks appellate review of a Family Court ruling.

When Does Child Support End in Rhode Island?

Under Rhode Island law, a child support obligation does not necessarily terminate automatically when a child reaches the age of eighteen. The duration of support depends upon the child’s age, educational status, any qualifying disability, and the terms of the existing court order.

R.I. Gen. Laws § 15-5-16.2(b) governs the duration of child support obligations and provides circumstances under which support may continue beyond a child’s eighteenth birthday.

Child Support at Age Eighteen and High School Graduation

As a general rule, Rhode Island child support obligations continue until a child reaches eighteen years of age. However, the Family Court may order continued support for a child who is eighteen years old and still attending high school.

Under § 15-5-16.2(b), support may continue for a child who is attending high school at the time of the child’s eighteenth birthday, provided the child remains enrolled and continues attending high school. The statutory extension is subject to the applicable graduation and age limitations, including the child’s nineteenth birthday.

Accordingly, a parent should not assume that an existing child support obligation ends immediately upon the child’s eighteenth birthday.

The language of the governing support order and the child’s educational circumstances should be reviewed before payments are discontinued.

Child Support for Children With Severe Disabilities

Rhode Island law also recognizes circumstances in which a child may require continued financial support because of a severe disability or impairment.

Section 15-5-16.2(b) authorizes the Family Court to order continued support for qualifying children with severe impairments when the statutory requirements are satisfied.

These matters require individualized consideration of the child’s condition, functional limitations, financial needs, available resources, and the evidence supporting continued parental support.

A child’s eligibility for continued support is not determined solely by the existence of a medical diagnosis. The applicable statutory criteria and supporting evidence must be examined.

Does Rhode Island Require Parents to Pay College Expenses?

Rhode Island law generally does not impose an automatic obligation upon parents to pay college tuition or other postsecondary educational expenses as part of ordinary child support.

A parent’s obligation to contribute to college expenses may nevertheless arise under a valid agreement or other enforceable legal obligation.

The distinction between a court’s statutory authority to order child support and the enforcement of a parent’s separate contractual undertaking is important.

Parents negotiating agreements concerning college tuition, housing, books, educational expenses, or other postsecondary costs should carefully consider the language of those agreements and their potential enforceability.

Does Child Support Terminate Automatically?

Parents should not assume that payments may be discontinued merely because a child has reached the age of majority, graduated from high school, or experienced another change in circumstances.

The proper procedure depends upon the existing Family Court order, the applicable statutory provisions, and whether support is being collected through wage withholding or other enforcement mechanisms.

Where appropriate, a parent may need to file a motion requesting termination or modification of the existing support order.

A parent who unilaterally stops making payments while an enforceable order remains in effect may face claims for unpaid support, arrearages, interest where applicable, or enforcement proceedings.

Our attorneys review existing child support orders and advise clients concerning the appropriate procedures for seeking termination or modification.

For additional information about changes to existing support obligations, see our discussion below concerning modification of Rhode Island child support orders.

Child Support Arrearages After Emancipation

Even when a parent’s obligation to pay current child support has ended, unpaid child support does not automatically disappear.

Arrearages that accrued under an existing support order may remain enforceable after the child reaches adulthood. A parent may therefore remain obligated to make payments toward past-due support even though no additional current support is owed.

Under R.I. Gen. Laws § 15-5-16.2, wage withholding may continue after the youngest child becomes emancipated when outstanding arrearages remain. Once those arrearages are satisfied, the statute provides for automatic suspension of the support order and termination of wage withholding without requiring a return to Family Court. webserver.rilegislature.gov+1

Seeking Termination or Modification of a Child Support Order

A parent seeking to terminate an existing Rhode Island child support obligation should review the governing order and, when necessary, seek appropriate relief from the Family Court.

Rhode Island’s child support regulations recognize that a parent generally must obtain a modification terminating the current support obligation rather than unilaterally discontinue payments. The Rhode Island Office of Child Support Services may continue enforcing an existing order until it receives notification of the court’s termination order. Rhode Island Department of State+1

Where an order covers multiple children, the emancipation of one child does not necessarily eliminate the entire support obligation. The appropriate amount of continuing support may require recalculation under the Rhode Island Child Support Guidelines.

Bilodeau Capalbo, LLC assists parents in evaluating existing child support orders, determining whether statutory grounds for termination or modification exist, addressing disputed arrearages, and pursuing appropriate relief in Rhode Island Family Court.

For additional information about parental responsibilities and related proceedings, visit our Rhode Island Child Custody and Visitation Practice.

Speak With a Rhode Island Child Support Attorney

Questions concerning the termination of child support can involve statutory age limitations, high school attendance, severe disabilities, existing court orders, and unpaid support obligations.

Whether you are seeking to terminate an obligation that is no longer legally required, obtain continued support for a qualifying child, or resolve a dispute concerning unpaid support, our attorneys can review the applicable order, financial circumstances, and available legal remedies.

Contact Bilodeau Capalbo, LLC at 401-300-4055 to discuss your circumstances and available options.

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