Family Law

Rhode Island Child Support is calculated based upon the Rhode Child Support Guidelines which were authorized on September 14, 2007 and went into effect on November 1, 2007.

For those who aren't that familiar with the calculation of the child support itself in the Rhode Island Courts, it is based substantially on the combined gross income of the parents of the child(ren) who are to be supported. There are a few allowable mandatory deductions to a parent's gross income and there are optional deductions allowable by the judge presiding over that particular child support matter in his or her discretion.

The total gross income of the parties is then tallied and the total support for that amount of gross income is then looked up in the Rhode Island Child Support Guideline Tables for the number of children to be supported. The chart then gives you the total amount of child support the child (or children) is entitled to each month.

Each parent's percentage contribution to the total income is then calculated. Ultimately the non-placement parent is typically ordered to pay his or her percentage contribution of the total income when applied to the amount of support the child(ren) are entitled to.

For example, assume total income for one child of the mother and father is $80,000 and that the placement of the child is with the mother who makes $28,000 gross income per year, we know that the non-placement father makes $52,000 gross income per year.

By dividing $52,000 by $80,000 we get 0.65 which demonstrates that the non-placement father makes 65% of the total gross income of the parents/parties. The non-placement father can typically expect to pay 65% of the child support amount that the child is entitled to as shown on the Rhode Child Support Guideline Worksheet.

With this basic understanding that Rhode Island Child Support is based upon gross income, it bears consideration whether the Rhode Island Child Support Guidelines and those who propounded them took into consideration the self-employed individual or those who are employed by another but also have a business of their own in which they are self-employed.

This is much more significant than people realize because those who are "employees" and receive a W-2 each year have certain deductions from their paycheck that are for the most part "standard" (with some exceptions of course) and those who promulgated the Rhode Island Child Support Guidelines could reasonable anticipate and plan for those deductions. However, each self-employed business owner in order to achieve his or her income (gross or net) relies on the rules of Federal Taxation and it's various deductions to account for products, losses, theft, overhead, independent contractors, etc.... none of which may necessarily be attributable to "Gross Income" and all of which may be wholly disproportionate to an employee's mandatory deductions.

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.