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(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.
Cite this article: FindLaw.com - Rhode Island General Laws Title 15. Domestic Relations § 15-5-16.7. Review of child support orders - last updated January 01, 2019 | https://codes.findlaw.com/ri/title-15-domestic-relations/ri-gen-laws-sect-15-5-16-7.html
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