Family Law

When it comes to Rhode Island Child Support the amount of child support can, at times, be a hefty burden to bear.  Therefore, you may want to do whatever you can to make sure the amount calculated for your child support payment is correct.

Under the Rhode Island Child Support Guidelines parents receive a mandatory deduction from their gross income for health insurance coverage that they pay for which includes the minor child whose support is being calculated.  If you will be the payer of the child support and you provide the health insurance for the minor child then you should make sure that when you go to court you get credit for the health insurance premiums you pay.

Consider yourself warned however that you will be expected to justify the deduction.  You should be prepared to bring between 2 to 4 paystubs showing the health insurance deduction to court with you to justify the amount you are seeking for the deduction.  Additionally, if the other parent or their attorney challenges whether the minor child is on the health insurance plan you should be prepared to provide some form of documentation from either your employer, your health insurance carrier or an insurance card with the child's name on it to prove that the child is actually on the plan.

To some people in family court it seems to be "overkill" to justify a child support deduction from your gross income that you know you are entitled to.  From a layperson's standpoint that is certainly understandable.  It is important to remember that you are not in a forum that just relies on a person's "word".  In order to receive the deduction you have what is known as the burden of proof to show how much you pay for health insurance and that the minor child is covered by the health insurance plan whose premiums you want deducted from your gross income.

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.