What Counts as a Substantial Change in Circumstances for Child Support in Rhode Island

By the FigureMyTax Editorial Team · How we calculate

In Rhode Island, the court reviews child support every three years without proof of a change, and before then it can modify on a substantial change in circumstances. A change reaches back only to notice of the petition.

What is a substantial change in circumstances for child support in Rhode Island?

A substantial change is not defined in the statutes we read. They give the court discretion: on a request before the three-year review, the amount of support may be modified if the court finds a substantial change in circumstances in accordance with 15-5-16.2 (R.I. Gen. Laws 15-5-16.7(c)). After a decree for support the court may, on either party’s petition, review and alter the decree as to the amount and payment, and may make any decree it could have made in the original suit (15-5-16.2(c)(2)).

Is there a percentage rule in Rhode Island?

Not in the statutes we read, so the Rhode Island child support modification calculator shows the gap and whether the three-year route applies rather than a pass or fail percentage.

For example, an $800 order against a $1,000 guideline amount is 25% lower than the guideline, but whether that is substantial before three years is for the court.

What is the three-year review?

Every three years from the date the order was established or modified, and on request of either party or of the state under section 15-5-16.2(c)(3), the court reviews and, if appropriate, adjusts the order in accordance with the guidelines if the amount differs from what the guidelines would award. The adjustment is made without a requirement for proof or showing of a change in circumstances, and incarceration may not be treated as voluntary unemployment that would prevent the motion from being heard (15-5-16.7(b)). It is in addition to the right to ask for a review on a substantial change.

Do my own expenses count?

The court sets the order from the formula and guidelines, then considers deviation if the result is inequitable to the child or either parent, looking at the resources and needs of the noncustodial parent among other factors (15-5-16.2(a)(5)). Bring a budget.

Does a deviation from the guidelines matter?

Orders are set by the formula and guidelines adopted by administrative order of the family court. If the court finds the result inequitable to the child or either parent, it makes findings of fact and orders an amount reasonable or necessary after considering the child’s and the parents’ resources, the child’s standard of living, condition and educational needs (15-5-16.2(a)). Existing orders may be modified under the statute unless the court makes written findings that a modification would be unjust or inappropriate for the child (15-5-16.2(d)(3)).

From what date can the order change?

The court may make a decree retroactive in its discretion only to the date that notice of a petition to modify was given to the adverse party, if it finds a substantial change in circumstances and sets out the specific findings (15-5-16.2(c)(2); 15-5-16.7(c)). Every month before notice is lost:

Federal law also bars retroactive modification of support already due (42 U.S.C. 666(a)(9)).

What happens next?

Read how to modify child support in Rhode Island for the filing steps, and check what stays owed with the Rhode Island arrears calculator.

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.