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Child support

unemployment/underemployment

A court may order a parent to pay more child support than the parent's income would ordinarily require (under the child support guidelines in the statute) if the parent could earn more money, but has purposely chosen not to. If the actual income of the parent is significantly less than what the parent could earn because of intentional unemployment or underemployment, the court may apply the child support guidelines to the earning potential of the parent.

In Rhode Island, the family courts have the authority to order a parent to pay child support in an amount that may exceed what would typically be mandated by the state's child support guidelines, particularly in cases where the parent is voluntarily unemployed or underemployed. This means that if a parent is intentionally not working, or is working in a capacity that pays significantly less than their potential earning capacity, the court can assess child support based on what the parent should be able to earn rather than their actual income. This is done to ensure that the child support payments are fair and reflective of the parent's ability to contribute to the financial needs of their child(ren). The court's primary concern is the best interests of the child, and this includes ensuring that children receive adequate financial support from both parents.

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Child support

unemployment/underemployment

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Rhode-Island State Code

Child support

unemployment/underemployment

Rhode-Island State Code

Articles