State Codes and Statutes

Statutes > Rhode-island > Title-15 > Chapter-15-5 > 15-5-16-7

SECTION 15-5-16.7

   § 15-5-16.7  Review of child supportorders. – (a) For purposes of this section, a "child support order" means a child supportorder enforceable pursuant to the Rhode Island state plan for supportenforcement as further defined in § 15-16-5(a).

   (b) Every three (3) years from the date the child supportorder was established or modified, and upon the request of either party, or ifthere is an assignment under § 40-6-9 upon the request of the state, thecourt shall review and, if appropriate, adjust the order in accordance with thechild support guidelines if the amount of the child support award under theorder differs from the amount that would be awarded in accordance with theguidelines. The adjustment of the order shall be made under this subsectionwithout a requirement for proof or showing of a change in circumstances. Theperiodic review of child support orders as provided in this subsection is inaddition to the opportunity for review provided in § 15-5-16.2(c).

   (c) In the case of a request for a review before the three(3) year period, the amount of support may, in the court's discretion, bemodified if the court finds that a substantial change in circumstances hasoccurred in accordance with § 15-5-16.2. The court, in its discretion, maymodify a child support order retroactively only to the date that notice of apetition to modify was given to the adverse party if the court finds that asubstantial change in circumstances has occurred; provided, that the courtshall set forth in its decision the specific findings of fact which show asubstantial change in circumstances and upon which findings of facts the courthas decided to make the decree retroactive.

State Codes and Statutes

Statutes > Rhode-island > Title-15 > Chapter-15-5 > 15-5-16-7

SECTION 15-5-16.7

   § 15-5-16.7  Review of child supportorders. – (a) For purposes of this section, a "child support order" means a child supportorder enforceable pursuant to the Rhode Island state plan for supportenforcement as further defined in § 15-16-5(a).

   (b) Every three (3) years from the date the child supportorder was established or modified, and upon the request of either party, or ifthere is an assignment under § 40-6-9 upon the request of the state, thecourt shall review and, if appropriate, adjust the order in accordance with thechild support guidelines if the amount of the child support award under theorder differs from the amount that would be awarded in accordance with theguidelines. The adjustment of the order shall be made under this subsectionwithout a requirement for proof or showing of a change in circumstances. Theperiodic review of child support orders as provided in this subsection is inaddition to the opportunity for review provided in § 15-5-16.2(c).

   (c) In the case of a request for a review before the three(3) year period, the amount of support may, in the court's discretion, bemodified if the court finds that a substantial change in circumstances hasoccurred in accordance with § 15-5-16.2. The court, in its discretion, maymodify a child support order retroactively only to the date that notice of apetition to modify was given to the adverse party if the court finds that asubstantial change in circumstances has occurred; provided, that the courtshall set forth in its decision the specific findings of fact which show asubstantial change in circumstances and upon which findings of facts the courthas decided to make the decree retroactive.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-15 > Chapter-15-5 > 15-5-16-7

SECTION 15-5-16.7

   § 15-5-16.7  Review of child supportorders. – (a) For purposes of this section, a "child support order" means a child supportorder enforceable pursuant to the Rhode Island state plan for supportenforcement as further defined in § 15-16-5(a).

   (b) Every three (3) years from the date the child supportorder was established or modified, and upon the request of either party, or ifthere is an assignment under § 40-6-9 upon the request of the state, thecourt shall review and, if appropriate, adjust the order in accordance with thechild support guidelines if the amount of the child support award under theorder differs from the amount that would be awarded in accordance with theguidelines. The adjustment of the order shall be made under this subsectionwithout a requirement for proof or showing of a change in circumstances. Theperiodic review of child support orders as provided in this subsection is inaddition to the opportunity for review provided in § 15-5-16.2(c).

   (c) In the case of a request for a review before the three(3) year period, the amount of support may, in the court's discretion, bemodified if the court finds that a substantial change in circumstances hasoccurred in accordance with § 15-5-16.2. The court, in its discretion, maymodify a child support order retroactively only to the date that notice of apetition to modify was given to the adverse party if the court finds that asubstantial change in circumstances has occurred; provided, that the courtshall set forth in its decision the specific findings of fact which show asubstantial change in circumstances and upon which findings of facts the courthas decided to make the decree retroactive.