How to Modify Child Support in Rhode Island: Filing Steps and Effective Date

By the FigureMyTax Editorial Team · How we calculate

To modify Rhode Island child support, file a petition in Family Court and give notice to the other party, or ask for the three-year review. A change reaches back only to notice, so give it promptly.

How do you modify child support in Rhode Island?

1. Run the guideline amount in the Rhode Island child support calculator and test it in the modification calculator.
2. File a petition in the Family Court that has your decree (R.I. Gen. Laws 15-5-16.2(c)(2)), or ask for the three-year review (15-5-16.7).
3. Give notice to the other party. A change can reach back only to the date notice was given.
4. Show the change if you are before three years.
5. Keep paying the existing order until the court changes it.

Why does the notice date matter?

Because the court may make a decree retroactive only to the date that notice of a petition to modify was given to the adverse party (15-5-16.2(c)(2)). A change in January and notice in July leaves six months at the old amount.

Can the Rhode Island state file for me?

When the Office of Child Support Services learns that a noncustodial parent is or will be incarcerated for 180 days or more, it may automatically file a motion to modify or for relief; the parent is notified and must be given a meaningful opportunity to respond (15-5-16.2(c)(3)). The state can also request the three-year review (15-5-16.7(b)).

What must I report in Rhode Island, and when?

Each party must file an amended information form with the family court within ten days of any change to the information on the original form, such as address, employer or telephone number, and the system must enter it within five business days (15-5-16.2(h)(3)).

Can a Rhode Island court appoint someone for the child?

In its discretion it can appoint an attorney or a guardian ad litem to represent the child’s interest in support, custody and visitation, after weighing factors such as the child’s age, the parents’ wishes and finances and the contentiousness of the case (15-5-16.2(c)(1)). The costs are addressed in the appointment order.

Can I check what the state recorded?

The family court and the department keep the official registry of support orders on the child support enforcement system, and every support order must be recorded there whether or not IV-D services are provided (15-5-16.2(h)(1)). Ask for a copy of your ledger before a hearing.

Can I get a Rhode Island temporary order?

In a proceeding to establish support, the court may issue a temporary order for support payable into the registry of the court; if the final result is lower than what was paid, the defendant is entitled to a refund of all or part (15-5-16.2(e)). Ask early.

Can I serve the other party by mail?

In a later enforcement action, on a showing of diligent effort to find a party, the court may treat notice as met by first-class mail or service under the family court rules at the party’s most recent residential or employer address of record (15-5-16.2(i)). Keep your address current.

How much does a late petition cost? An example

If notice happens 3, 6 or 9 months after your change, the relief you lose at a $300 monthly difference is:

What happens to unpaid support while the petition is pending?

It stays owed as a judgment for debt. See whether Rhode Island arrears expire or can be forgiven and add up your balance.

Frequently asked questions

Official sources

• R.I. Gen. Laws 15-5-16.7: review of child support orders
• R.I. Gen. Laws 15-5-16.2: child support
• R.I. Gen. Laws 15-5-16.3: allowance regarded as judgment
• 42 U.S.C. 666(a)(9): no retroactive modification of support already due

This is general information, not legal advice. It is based on the cited Rhode Island statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Rhode Island attorney.