Rhode Island General Laws
Chapter 15-5 - Divorce and Separation
Section 15-5-16.7. - Review of child support orders.

§ 15-5-16.7. Review of child support orders.
(a) For purposes of this section, a “child support order” means a child support order enforceable pursuant to the Rhode Island state plan for support enforcement as further defined in § 15-16-5(a).
(b) Every three (3) years from the date the child support order was established or modified, and upon the request of either party, or upon the request of the state pursuant to § 15-5-16.2(c)(3), the court shall review and, if appropriate, adjust the order in accordance with the child support guidelines if the amount of the child support award under the order differs from the amount that would be awarded in accordance with the guidelines. The adjustment of the order shall be made under this subsection without a requirement for proof or showing of a change in circumstances. In adjusting the order, incarceration may not be treated as voluntary unemployment that would prevent the motion from being heard or result in a denial of the motion. The periodic review of child support orders as provided in this subsection is in addition 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-year (3) period, upon the request of either party, or upon the request of the state pursuant to § 15-5-16.2(c)(3), the amount of support may, in the court’s discretion, be modified if the court finds that a substantial change in circumstances has occurred in accordance with § 15-5-16.2. The court, in its discretion, may modify a child support order retroactively only to the date that notice of a petition to modify was given to the adverse party if the court finds that a substantial change in circumstances has occurred; provided, that the court shall set forth in its decision the specific findings of fact that show a substantial change in circumstances and upon which findings of facts the court has decided to make the decree retroactive.
History of Section.P.L. 1992, ch. 177, § 2; P.L. 1992, ch. 263, § 2; P.L. 1997, ch. 170, § 1; P.L. 2017, ch. 166, § 1; P.L. 2017, ch. 311, § 1.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 15 - Domestic Relations

Chapter 15-5 - Divorce and Separation

Section 15-5-1. - Marriages void or voidable — Civil death or presumption of death.

Section 15-5-2. - Additional grounds for divorce.

Section 15-5-3. - Separation of parties as ground for dissolution — Appeal.

Section 15-5-3.1. - Divorce on grounds of irreconcilable differences.

Section 15-5-4. - Collusion of parties.

Section 15-5-5. - Uncorroborated testimony of complainant.

Section 15-5-6 - — 15-5-8. Repealed.

Section 15-5-9. - Divorce from bed and board.

Section 15-5-10. - Disposal of certain real estate after filing of complaint.

Section 15-5-11. - Verification of complaint.

Section 15-5-12. - Domicile and residence requirements.

Section 15-5-13. - Venue.

Section 15-5-14. - Return day of complaints — Notice — Issuance of process — Time of hearing.

Section 15-5-14.1. - Automatic orders in divorce cases.

Section 15-5-15. - Orders as to notice.

Section 15-5-16. - Alimony and counsel fees — Custody of children.

Section 15-5-16.1. - Assignment of property.

Section 15-5-16.1.1. - Deferment of sale of home.

Section 15-5-16.2. - Child support.

Section 15-5-16.2.1. - Credit rating.

Section 15-5-16.2.2. - Service of court papers at work.

Section 15-5-16.2.3. - Continuances — Compensation for lost wages.

Section 15-5-16.2.4. - Retroactive modification of child support.

Section 15-5-16.2.5. - Repealed.

Section 15-5-16.3. - Allowance regarded as judgment for debt.

Section 15-5-16.4. - Judgment assigning real property — Effect.

Section 15-5-16.5. - Interest on arrearages.

Section 15-5-16.6. - Security, bond, or guarantee to secure payment of overdue support.

Section 15-5-16.7. - Review of child support orders.

Section 15-5-17. - Change of name.

Section 15-5-18. - Interlocutory decrees and injunctions.

Section 15-5-19. - Restraining orders — Treatment for harmed or menaced spouse — Custody of children — Allowances — Alimony and counsel fees.

Section 15-5-19.1. - Restraining orders — Notification of local authorities — Notice of penalty.

Section 15-5-20. - Service on or notice to defendant.

Section 15-5-21. - Service by publication — Jurisdiction acquired.

Section 15-5-22. - Trial required — Collusion.

Section 15-5-23. - Final judgment — Remarriage.

Section 15-5-24. - Support — Wage assignment procedures.

Section 15-5-24.1. - Visitation rights of grandparents.

Section 15-5-24.2. - Visitation rights of grandparents whose child is denied or has failed to exercise rights.

Section 15-5-24.3. - Visitation rights — Grandparents and siblings.

Section 15-5-24.4. - Sibling visitation rights.

Section 15-5-24.5. - Court ordered visitation rights to certain persons convicted of first degree murder — Prohibited.

Section 15-5-25. - Application for wage withholding — Obligor in arrears.

Section 15-5-26. - Duties and liabilities of employer under income assignment order or order for wage withholding.

Section 15-5-27. - Order for wage withholding — Duration.

Section 15-5-28. - Judgment or order as lien on property — Duration — Effect.

Section 15-5-29. - Mediation proceedings involving custody and/or visitation.