How do I cancel my child support obligation and stop wage garnishment in Rhode Island?
In Rhode Island (RI), child support does not automatically end when the child turns 18! Termination of a support order is not automatic in Rhode Island! An order/obligation will only end if a Rhode Island Family Court Judge grants a motion to end. Unlike a motion to modify, a DR6 financial statement is not necessary unless there is an additional child on which the child support obligation will continue. If there is an additional child under the age of 18, then a motion to terminate is essentially a motion to modify.
Under RI law, child support is eligible to end when the child turns 18 and graduates from high school, but no later than age 19. If the child is 18 and still in high school, child support can continue until the child graduates from high school, but no longer than the child turns 19. If a child is determined to be severely disabled, child support may continue until the child reaches age 21. (Note that this law changed in 2009 and child support for severely disabled children could extend beyond age 21) If the judge finds good cause, an order could continue for three months after high school graduation .
A person should file a motion to cancel support approximately 30 to 40 days before the child’s graduation from high school. If the child did not finish high school, then a person must file their motion 30-40 days before the child turns 18. It will take approximately 30-40 days for the clerk to schedule a hearing on the termination motion.
After the motion for termination, the attorney must file the proper paperwork and orders with the court, the obligee’s employer (to stop the wage garnishment), and the reciprocal clerk (to amend computer records). computer are not up to date, the computer continues to show a backlog which can cause problems, including automatic interception of your tax refund, inability to obtain a passport, among other problems.
