The following form is a Petition that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, or excusable neglect; (2) Newly discovered evidence which by due diligence could not have been discovered ...
There are no limits for how far a non-custodial parent can move from an ex-spouse under Rhode Island law. However, if moving will impact your pre-existing custody arrangement, you'll need to obtain approval from both your ex-spouse and the court before you can follow through with your move.
The parent who doesn't have the day-to-day care (the 'paying parent') pays child maintenance to the parent or person who does (the 'receiving parent'). If shared care happens for an average of one night a week or more (at least 52 nights a year), this can affect the amount of child maintenance.
As a result of these changes, the state laws should be updated to favor shared custody arrangements. Although the state laws to determine custody in Rhode Island tend to support a primary/secondary custody arrangement, shared or 50/50 custody is available and commonly ordered by the courts.
In Rhode Island, the custodial parent acts as the child's primary caretaker and is entitled to receive child support payments. The non-custodial parent, who shares either joint custody or visitation rights with the custodial parent, is obliged to pay child support.
Length of payment period. In most cases, child support obligations end when a child reaches the age of 18 or when the child graduates from high school. However, payments do not stop automatically on the child's birthday. The parent must file a motion to terminate child support with the Rhode Island Family Court.
In Rhode Island, the amount of child support is figured based on a percentage of each parent's income, and parenting time doesn't factor into the formula.
Under Rhode Island law, divorcing spouses have a duty to support any children they have together.
