Family Law Advice

How is Child support modified in Rhode Island divorce and family law cases?

Child support in Rhode Island is not automatically modified when there is a change in circumstances. The parent must file a motion to modify child support. When a motion for modification of child support is filed a court date will be set by the clerk of the Rhode Island Family Court. In order to modify child support there must be a substantial change in circumstances. Under RI Law, a new child support amount does not run retroactive to when the circumstances actually changed! The new child support order should run retroactive to the date of the filing of the motion. Article by Attorney David Slepkow (401-437-1100)

Therefore, you should not wait too long after circumstances change until you file for a modification of Rhode Island Child Support. There must be at least a ten percent change for a modification to occur unless the party agrees otherwise. You should contact a Rhode Island Divorce or Family law lawyer / attorney to see whether you are eligible for a modification of child support.

What may constitute a substantial change in Circumstances pursuant to Rhode Island family / child support law?

1. unemployment

2. disability

3. new dependant child

4. decrease in income of either party

5. increase in income of either party

6. increase in cost of daycare

7. increase in cost of medical insurance

8. a change in the financial circumstances of the either parent such as inheritance, acquiring assets

9. either party obtaining social security benefits (SSI or SSDI) or afdc benefits

10. new RI Child Support Guidelines promulgated.

11. loss of overtime income

12 a substantial bonus of either party

13 any other change in circumstances that is recognized by the Court.

If there’s one thing that most homeowners don’t want to deal with, it’s a property dispute. When there’s a question about where a property line or boundary exists, emotions can run very high. If you’d like to maintain a cordial relationship with your neighbour, it helps to understand the laws concerning encroachment. Learn more below.

What to Do if You Have a Problem with a Boundary Line -

Every now and then, concerns may be raised about where a property line exists. In the event you choose to build a fence or erect another structure near the boundary of your property, it is possible that you may disagree with your neighbour about where the actual line is. Arguing isn’t going to settle anything, though; in fact, it can lead to very bad feelings and even altercations.

Instead of letting a disagreement spiral out of control, you should take certain steps to resolve the issue at hand. In order to confirm or deny your concerns about a boundary line or an encroachment, you need to have a survey conducted. To have the survey done, you will need to pay out of pocket for it – at least initially. If you’d like to have your neighbour contribute in the event that your concerns are proven valid, you will need to give him notice. If the survey finds in your favour, your neighbour will have to pay for half of the cost.

Dealing with Encroachment Issues -

Encroachment is another very common problem between neighbours. You may have a neighbour that has erected a new shed or even installed a pool yet you may believe that the new object crosses onto your side of the boundary. If so, you will have to have a survey conducted to prove whether or not you are correct. If you are proven correct, though, additional decisions will need to be made. A conveyancing professional will tell you that encroachment can be handled in a number of different ways. Depending on your desires, you can choose between three main options:

=> The encroachment could be removed. In this case, you are very likely to alienate your neighbour – especially if the object cost them a great deal of money.

=> You could be compensated for the encroachment. Basically, your neighbour could pay you to use your property for their item. You could check with a conveyancing firm to see whether or not this is a valid idea.

=> You could arrange to have the boundary line moved so that an encroachment no longer exists. These circumstances would require the transfer of the property which would most definitely require the assistance of a conveyancing firm.