Rhode Island Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

• Category: Family Law - Divorce - Child Support - Modifications
• State: Multi-State
• Control #: US-00799BG
• Format: Word; Rich Text

Description

A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification. Rhode Island Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support: A Comprehensive Guide Introduction: In Rhode Island, after a divorce has been finalized, a significant change in circumstances may warrant a modification or amendment to the original divorce decree regarding child support. When a parent facing financial difficulties needs to decrease the amount of child support payments, they must file a Rhode Island Motion to Modify or Amend Divorce Decree. 1. Rhode Island Motion to Modify Child Support: This type of motion is filed by a parent seeking a decrease in the amount of child support payments they are obligated to pay. It is important to note that it is the burden of the party requesting the modification to demonstrate a substantial change in circumstances. 2. Rhode Island Motion to Amend Child Support: A parent may file a motion to amend child support if they believe there was an error or mistake made in the original divorce decree. This motion is not focused on decreasing child support due to financial hardships but rather seeks to rectify an existing error. 3. Grounds for Modifying or Amending Child Support: To successfully obtain a decrease in the amount of child support payments, the moving party must prove a substantial change in circumstances. Common grounds that may warrant a modification include: a. Loss of employment or reduction in income: If a parent loses their job or experiences a significant decrease in income, this may be considered a substantial change in circumstances justifying a decrease in child support payments. b. Change in healthcare or medical expenses: If the child's healthcare or medical needs have changed since the original divorce decree was finalized, this could be grounds for a modification. c. Changes in custody or parenting time: If there has been a significant change in the custody arrangement or parenting time, it may impact the amount of child support required. d. Change in needs of the child: If the child's needs have increased or decreased since the divorce decree was issued, it may warrant a modification. 4. Process of Filing the Motion: To file a Rhode Island Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support, follow these steps: a. Prepare the motion: Clearly state the reason for the requested modification, provide supporting documentation, and calculate the proposed new child support amount. b. File the motion: Submit the completed motion along with any necessary supporting documents to the appropriate Rhode Island family court. c. Serve the other party: Serve a copy of the motion on the other parent or their attorney according to Rhode Island's service of process rules. d. Attend the hearing: Both parties will be required to attend a hearing before the court. Be prepared to present evidence supporting the requested modification. Conclusion: When financial circumstances change significantly, it is crucial to understand the legal process and requirements for obtaining a decrease in child support payments in Rhode Island. Filing a Rhode Island Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support can help parents address their financial challenges while ensuring the best interests of the child are respected. Remember, seeking the guidance of an experienced family law attorney can greatly assist in navigating the complexities of modification proceedings.

Rhode Island Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support: A Comprehensive Guide Introduction: In Rhode Island, after a divorce has been finalized, a significant change in circumstances may warrant a modification or amendment to the original divorce decree regarding child support. When a parent facing financial difficulties needs to decrease the amount of child support payments, they must file a Rhode Island Motion to Modify or Amend Divorce Decree. 1. Rhode Island Motion to Modify Child Support: This type of motion is filed by a parent seeking a decrease in the amount of child support payments they are obligated to pay. It is important to note that it is the burden of the party requesting the modification to demonstrate a substantial change in circumstances. 2. Rhode Island Motion to Amend Child Support: A parent may file a motion to amend child support if they believe there was an error or mistake made in the original divorce decree. This motion is not focused on decreasing child support due to financial hardships but rather seeks to rectify an existing error. 3. Grounds for Modifying or Amending Child Support: To successfully obtain a decrease in the amount of child support payments, the moving party must prove a substantial change in circumstances. Common grounds that may warrant a modification include: a. Loss of employment or reduction in income: If a parent loses their job or experiences a significant decrease in income, this may be considered a substantial change in circumstances justifying a decrease in child support payments. b. Change in healthcare or medical expenses: If the child's healthcare or medical needs have changed since the original divorce decree was finalized, this could be grounds for a modification. c. Changes in custody or parenting time: If there has been a significant change in the custody arrangement or parenting time, it may impact the amount of child support required. d. Change in needs of the child: If the child's needs have increased or decreased since the divorce decree was issued, it may warrant a modification. 4. Process of Filing the Motion: To file a Rhode Island Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support, follow these steps: a. Prepare the motion: Clearly state the reason for the requested modification, provide supporting documentation, and calculate the proposed new child support amount. b. File the motion: Submit the completed motion along with any necessary supporting documents to the appropriate Rhode Island family court. c. Serve the other party: Serve a copy of the motion on the other parent or their attorney according to Rhode Island's service of process rules. d. Attend the hearing: Both parties will be required to attend a hearing before the court. Be prepared to present evidence supporting the requested modification. Conclusion: When financial circumstances change significantly, it is crucial to understand the legal process and requirements for obtaining a decrease in child support payments in Rhode Island. Filing a Rhode Island Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support can help parents address their financial challenges while ensuring the best interests of the child are respected. Remember, seeking the guidance of an experienced family law attorney can greatly assist in navigating the complexities of modification proceedings.