Narragansett, RI asked in Child Support, Divorce and Family Law for Rhode Island

Q: My son turns 18 this month in NH while I reside in RI. Ex-wife is claiming to take me to court to extend the support.

My two sons, (18,16) reside with their mother and I pay support for both. Son is turning 18 and she has been advised by the state that his part will be ending. She now wants to take me back to court to ask for more support for our 16 yr old to try and compensate. Can she do this and if so, how much could she potentially get? Will I be able to dispute this? And should I obtain a lawyer to help navigate this case?

2 Lawyer Answers
Neville Bedford
Neville Bedford
Answered
  • PROVIDENCE, RI
  • Licensed in Rhode Island

A: Q: Should I obtain a lawyer to help navigate this case?

A: Yes

Guidelines currently in effect may be found at: http://www.cse.ri.gov/documents/2018-02-Signed_Admin_and_Chart.pdf

Carl P. DeLuca
Carl P. DeLuca
Answered
  • Warwick, RI
  • Licensed in Rhode Island

A: Unless the child support order that you currently have was separated into two amounts, one for each child, you are going to want it to be modified because that order won't be reduced to an amount appropriate to one child on its own. Either parent can move to modify based on a change of circumstances and certainly the fact that there will be one child who is a minor instead of two is a change in circumstances.

As to how much she can get, there are guidelines with which you can get a general idea as to the amount to which she may be entitled, but there are a few variables and it's best to run it by a lawyer. I think it's always best to at least consult with an attorney before you litigate something on your own. Most lawyers will tell you honestly if a matter is too complex for you to handle on your own.

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