The Rhode Island Office of Child Support Services (CSS) was created to help parents make sure that their child(ren) have all of the care and support they need to thrive regardless of living situation or the relationship between parents. They offer a complete service for financial, medical, and even emotional support.
The mother and the father are responsible for the needs of their child such as: food, shelter, clothing, safety, finances, and health care. In case of divorce or separation, it can be necessary for a court to decide who has custody of the child and who pays child support. The two primary types of custody are sole custody and joint custody.
If one parent has sole custody, the other parent pays the child support. When both parents have joint custody, one of the parents may still have to pay child support if they have a higher income.
All child support orders are put in place by a court. Two ways to begin the child support process are:
When you file your case, the court asks both parents to submit information necessary to establish the amount of child support. The judge applies the information to the state child support guidelines, which include:
The court must also establish who is the father of the child. The law presumes that the husband is the father of child born to married parents. If there is a question of who is the father, the court can request a paternity test. A man has up until 4 years after a child turns 18 to challenge or acknowledge he is the father. Once the child support order is set by the judge, the paying parent can pay directly or have the money taken out of his paycheck.
Paying parents must pay their child support on the date and in way the judge says. The moment that you miss a payment, the court or CSS automatically acts to get the unpaid child support. The judge may set consequences in the court order for a paying parent who fails to pay on time. The CSS also has options to get the overdue payments, such as:
If the paying parent does not pay child support, he is in violation of a court order. The custodial parent or owed parent can file a case with the state family court for the other parent’s failure to pay. The CSS may file on your behalf if your child support order is in their system. CSS does not provide legal representation, but it has the power to use methods get unpaid payments.
Certain circumstances may cause a judge to decide to stop child support. A judge must put in a court order that he is ending your obligation to pay child support. It is illegal to stop paying without a court order. So if you try to stop child support by yourself, then you may face serious penalties and fines. Reasons that child support may end are:
Handling a child support case on your own can be stressful and a lot of work. If you need help, then contact a Rhode Island family law lawyer today to handle your child support concerns.
Last Modified: 05-09-2017 01:25 PM PDTLaw Library Disclaimer
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