Can I charge a contingent fee to collect child support arrearages, or to get an increase in child support?

Short answer The panel concluded that a contingent fee is proper for collecting established child-support arrearages that are due, but improper when the objective is to obtain increased child support, citing Rule 1.5(d)(1).
Bar
RIEAP
Issued
December 4, 1991

Apply this to your situation

This page answers the general question as of 1991. Ask about yours and see what the current Rhode Island Rules of Professional Conduct say for your facts, with citations.

How much weight this carries: Under the Ethics Advisory Panel rules of the Rhode Island Supreme Court, a lawyer who asks for an opinion, gives the facts fully and accurately, and acts in accordance with it is conclusively presumed to have complied with the Rules of Professional Conduct. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

The inquiring attorney asked about the propriety of being paid on a contingency fee basis in connection with the collection of child support arrearages.

The panel took the position that it is proper to use a contingent fee arrangement for the collection of established child support arrearages that are due, but that this type of arrangement would be improper when seeking to obtain increased child support. The panel cited Rule 1.5(d)(1) of the Rhode Island Rules of Professional Conduct.

Currency note

This opinion was issued in 1991, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rule 1.5(d)(1) as originally adopted. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which renumbered and amended several provisions. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.

Common questions

Q: Can I take a contingent fee to collect child-support arrears?

A: Per the opinion, yes, for the collection of established child support arrearages that are due.

Q: What about a contingent fee to get support increased?

A: Per the opinion, no. A contingent fee arrangement would be improper when the objective is to obtain increased child support.

Q: Which rule did the panel cite?

A: Per the opinion, Rule 1.5(d)(1) of the Rhode Island Rules of Professional Conduct.

Background and rules framework

The opinion applies Rhode Island Rule 1.5(d)(1), corresponding to Model Rule 1.5(d)(1), which prohibits a contingent fee in a domestic relations matter where the fee is contingent on securing a divorce or on the amount of alimony, support, or property settlement. The panel drew a line between collecting an already-established arrearage (a liquidated debt), which it treated as permissible, and seeking an increase in support, which falls within the rule's prohibition.

Citations and references

Rules of Professional Conduct:

  • MR 1.5 (fees)
  • RI RPC 1.5(d)(1)

Statutes:

  • None cited.

Cases:

  • None cited.

Other opinions cited:

  • None cited.

See also

Source

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

Digest of Ethics Advisory Panel
Opinion #91-78
Issued December 4, 1991

An attorney seeks Panel advice as to the propriety of being paid on a contingency fee basis in connection with collection of child support arrearages.

The Panel is of the opinion that it is proper to use a contingent fee arrangement in regard to collection of established child support arrearages due but this type of arrangement would be improper when seeking to obtain increased child support. See Rule 1.5(d)(1) of the Rhode Island Rules of Professional Conduct.

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