Legal Question in Family Law in Rhode Island

My spouse and I filed for an uncontested divorce in Rhode Island. We will be before the judge in December. It will be joint custody, with me having the children 11 months of the year...We agreed that there will be no child support. If the judge decides that is unacceptable, will it cause there to be a delay? Or will it get resolved in court, right then and there? Both of us have moved out of state, and desire this divorce to be over as soon as possible. Thanks

Asked on 11/20/15, 10:40 am

1 Answer from Attorneys

Christopher Pearsall Law Office of Christopher A. Pearsall, Esquire

You are correct. If the judges decides that it is not acceptable for the non-custodial parent to pay "no child support" then there may be a delay in your proceeding. You may or may not be given the opportunity to resolve the child support issue in court right then and there depending upon the judge and his or her calendar that day.

Child support is a right of a child to receive financial support from both parents. Therefore, typically parents do not simply agree on child support. Parents by law cannot waive child support. At best child support can be "left open" which means "not ordered at this time."

It is possible that in some circumstances the court might leave child support "open" at the time of your divorce hearing but this should be carefully planned.

This is one of several aspects that the court could use to stop an uncontested proceeding and shift the matter to the Contested Track.

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Answered on 11/21/15, 12:22 pm

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