Child Support Modification

STATE OF RHODE ISLAND

FAMILY COURT – [COUNTY] DIVISION

DOCKET NO.: [D-XXXX-XXXX]

In re:
[MINOR CHILD 1 NAME], d/o/b [MM/DD/YYYY]
[MINOR CHILD 2 NAME], d/o/b [MM/DD/YYYY]
(collectively, the “Minor Children”)

_____________________________________________

PETITION TO MODIFY CHILD SUPPORT

_____________________________________________

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Allegations & Requested Relief
4. Representations & Warranties
5. Covenants & Ongoing Obligations
6. Default & Remedies
7. Dispute Resolution & Jurisdiction
8. General Provisions
9. Verification & Execution
10. Certificate of Service
11. Proposed Order (Attachment A)

1. DOCUMENT HEADER

1.1 Parties.
  a. Petitioner: [PETITIONER FULL LEGAL NAME], residing at [PETITIONER ADDRESS].
  b. Respondent: [RESPONDENT FULL LEGAL NAME], residing at [RESPONDENT ADDRESS].

1.2 Current Support Order. An order entered on [DATE] in the above-captioned matter (the “Current Support Order”) obligates Respondent/Petitioner [SELECT] to pay child support in the amount of $[AMOUNT] per week.

1.3 Jurisdiction & Venue. This Court has continuing, exclusive jurisdiction over child-support matters pursuant to R.I. Gen. Laws § 15-5-16.2 and the parties’ residence within [COUNTY] County, Rhode Island.

1.4 Relief Requested. Petitioner seeks entry of a modified child-support order consistent with the Rhode Island Child Support Guidelines (the “Guidelines”), including an immediate Income Withholding Order (“IWO”) for wage garnishment.

2. DEFINITIONS

For purposes of this Petition:

a. “Court” means the Rhode Island Family Court, [County] Division.
b. “Guidelines Worksheet” means the mandatory Child Support Guidelines Worksheet (Form DR-6) filed contemporaneously herewith.
c. “Substantial Change in Circumstances” means a change that would alter the Guidelines-calculated obligation by ten percent (10 %) or more, or any material event specifically enumerated in § 15-5-16.2(f).
d. “Modified Support Order” means the child-support order requested herein.
e. “Obligor” and “Obligee” shall have the meanings set forth in 42 U.S.C. § 666(b).

3. OPERATIVE ALLEGATIONS & REQUESTED RELIEF

3.1 Substantial Change in Circumstances. Since entry of the Current Support Order, the following material changes have occurred:
  a. Petitioner’s gross weekly income has increased/decreased from $[OLD] to $[NEW].
  b. Respondent’s gross weekly income has increased/decreased from $[OLD] to $[NEW].
  c. Child-care costs have commenced/ended/changed to $[AMOUNT] per week.
  d. Health-insurance premium attributable to the Minor Children is now $[AMOUNT] per week.
  e. [OTHER FACTS—e.g., emancipation of a child, change in physical placement, disability, unemployment, deployment.]

3.2 Guidelines Calculation. Applying the current Guidelines to the parties’ verified financial statements yields a presumptive weekly child-support obligation of $[GUIDELINES AMOUNT]. A completed Guidelines Worksheet is attached as Exhibit 1.

3.3 Deviation (if any). [IF APPLICABLE] Good-cause factors justify a deviation of $[AMOUNT] per week because [JUSTIFICATION], consistent with the factors enumerated in § 15-5-16.2(e).

3.4 Requested Relief. Petitioner respectfully requests that the Court:
  a. Vacate the Current Support Order;
  b. Enter the Modified Support Order obligating [OBLIGOR] to pay $[AMOUNT] per week, effective [EFFECTIVE DATE];
  c. Issue an IWO directing automatic wage withholding;
  d. Order [OBLIGOR] to maintain medical-dental insurance for the Minor Children;
  e. Allocate uninsured medical expenses pursuant to Guidelines percentages ([PERCENTAGE %] Petitioner / [PERCENTAGE %] Respondent);
  f. Grant such further relief as justice may require.

3.5 Retroactivity & Arrearage. Petitioner further seeks retroactive modification to [RETRO DATE], resulting in an overpayment/arrearage of $[AMOUNT], and requests the Court establish an arrearage repayment schedule of $[WEEKLY AMOUNT] per week.

4. REPRESENTATIONS & WARRANTIES

4.1 Petitioner represents that all financial information provided herein and in the accompanying financial statement is true, complete, and accurate to the best of Petitioner’s knowledge and belief.

4.2 Petitioner warrants that this Petition is filed in good faith and not for purposes of delay or harassment.

4.3 These representations shall survive the entry of any order modifying support.

5. COVENANTS & ONGOING OBLIGATIONS

5.1 Exchange of Financial Information. Each party shall exchange updated financial statements annually, or within thirty (30) days of any Substantial Change in Circumstances, and shall promptly file the same with the Court.

5.2 Notice of Employment Change. The Obligor shall provide written notice to the Obligee and the Rhode Island Office of Child Support Services (“OCSS”) within ten (10) days of any change in employment or source of income.

6. DEFAULT & REMEDIES

6.1 Events of Default. Failure by the Obligor to: (i) make timely support payments; (ii) maintain required insurance; or (iii) comply with information-exchange obligations constitutes a default.

6.2 Remedies. Upon default, the Court may, inter alia:
  a. Increase wage-withholding to include arrears;
  b. Intercept tax refunds and lottery winnings;
  c. Suspend driver’s, professional, or recreational licenses;
  d. Hold the Obligor in civil contempt and impose coercive sanctions, including incarceration until compliance.

6.3 Attorney Fees & Costs. The defaulting party shall be liable for the non-defaulting party’s reasonable attorney fees and costs incurred in enforcing any child-support obligation, subject to Court approval.

7. DISPUTE RESOLUTION & JURISDICTION

7.1 Governing Law. All matters arising under or relating to this Petition shall be governed by the laws of the State of Rhode Island.

7.2 Exclusive Forum. The Rhode Island Family Court, [County] Division, shall retain exclusive jurisdiction over enforcement and modification of the Modified Support Order.

7.3 Arbitration & Jury Trial. Arbitration is not available for child-support matters, and jury trial is unavailable in this Court.

7.4 Injunctive Relief. Nothing herein limits the Court’s authority to issue wage-withholding or other injunctive relief to secure payment.

8. GENERAL PROVISIONS

8.1 Entire Understanding. Upon entry, the Modified Support Order shall supersede all prior inconsistent orders or agreements regarding child support.

8.2 Severability. If any provision of the Modified Support Order is held invalid, the remaining provisions shall remain in full force and effect.

8.3 Amendment. Any future modification must be in writing, approved by the Court, and supported by a further showing of Substantial Change in Circumstances.

8.4 Electronic Signatures. Pursuant to Rhode Island General Laws and Family Court Administrative Orders, electronic signatures shall be deemed originals.

9. VERIFICATION & EXECUTION

I, [PETITIONER NAME], being duly sworn, depose and say that I am the Petitioner in the above-entitled matter; that I have read the foregoing Petition and know the contents thereof; and that the same is true of my own knowledge except as to matters stated on information and belief, and as to those matters I believe them to be true.

__________________________________          ______________________
[PETITIONER NAME]                           Date

State of Rhode Island
County of [COUNTY]

Subscribed and sworn to before me on this ____ day of __________, 20__, by [PETITIONER NAME].

__________________________________
Notary Public
My Commission Expires: ___________

10. CERTIFICATE OF SERVICE

I certify that on the ___ day of __________, 20__, I served a true and accurate copy of the foregoing Petition (with all attachments) upon [RESPONDENT NAME] by [METHOD OF SERVICE authorized under R.I. Fam. Ct. R. Dom. Rel. P. 4], addressed to [RESPONDENT ADDRESS].

__________________________________
[NAME], Esq. (RI Bar #____)
Counsel for Petitioner
[FIRM NAME]
[ADDRESS] • [PHONE] • [EMAIL]

11. PROPOSED ORDER – ATTACHMENT A

STATE OF RHODE ISLAND
FAMILY COURT – [COUNTY] DIVISION
DOCKET NO.: [D-XXXX-XXXX]

In re: [MINOR CHILD(REN)]

ORDER GRANTING PETITION TO MODIFY CHILD SUPPORT

This matter came before the Court on the Petition to Modify Child Support filed by [PETITIONER NAME]. After consideration of the pleadings, financial statements, Guidelines Worksheet, and arguments of counsel, the Court finds:

1. A Substantial Change in Circumstances has occurred since entry of the Current Support Order dated [DATE].
2. Application of the current Rhode Island Child Support Guidelines yields a presumptive weekly child-support obligation of $[AMOUNT].
3. [IF APPLICABLE] A deviation of $[AMOUNT] is appropriate for the reasons stated on the record.

IT IS HEREBY ORDERED:

A. The Current Support Order is VACATED.
B. Effective [EFFECTIVE DATE], *[OBLIGOR]* shall pay child support of $[AMOUNT] per week to *[OBLIGEE]* through OCSS.
C. An Income Withholding Order shall issue forthwith.
D. *[OBLIGOR]* shall maintain comprehensive medical and dental insurance for the Minor Children.
E. Uninsured medical expenses shall be allocated [PERCENTAGE %] to Petitioner and [PERCENTAGE %] to Respondent.
F. Any arrearage of $[AMOUNT] shall be paid at $[WEEKLY AMOUNT] per week in addition to current support.
G. Each party shall exchange updated financial information annually or within thirty (30) days of a Substantial Change in Circumstances.
H. The Court retains jurisdiction for enforcement and future modification.

ENTER: _______________________________
DATE: ____________

_____________________________________
Justice, Rhode Island Family Court