Rhode Island laws allow modifications in custody when a substantial change in circumstances has occurred from the time the custody order was entered. This change could be to either of the parents, or to the children. Other issues such as child support and visitation are always subject to modification based upon a change of circumstances."Obtaining an experienced post-divorce attorney for any type of modification is critical to make sure your new situation is presented in the best legal manner to the family court."
As a parent the obligation is on you to request the modification order. Child support orders are not periodically reviewed by the court, if they do not hear from one of the parties the order is upheld until modified. If you and your estranged spouse come to a new agreement on your own, it's critical that this is filed with the court, otherwise at some point in the future you may be ordered to make up or pay back the support difference. The order filed with the court is the one that is enforced. An agreement with the other parent regarding child support must be documented with the court with a “Motion to Modify order”, otherwise it's not binding to either party.
After divorce circumstances are bound to change, these substantial changes would be valid legal reasons to seek a modification of child support or alimony in the State of Rhode Island.
Be sure to consult the experienced Modification Attorneys at Moretti Perlow & Bonin when you either need to file a modification order, or need to legally push back on a former spouse who is filing one
. We have decades of experience in the family courts, and routinely handle both sides of these issues.