According to the law, either parent may request that the Rhode Island Family Court modify the child support order. However, the party requesting the modification, must show a substantial change in circumstances. By completing the Custodial Parent Request for A Modification form you are requesting that the Office of Child Support Services file the paperwork called a Motion to Modify to increase your child support order. Please be advised that we can only assist you if the case is one that is currently in our child support caseload and if there are no other motions pending. You will be notified in writing if your request is rejected.You may of course file the motion "pro se" or on your own at any time. Legal counsel for this agency will not legally represent you at the hearing regardless of whether we file the motion for you or you file on your own nor do we represent the other parent. You will be required to present your case to the Magistrate/Judge or retain legal counsel to present your case. If you do not appear, the motion may be denied or pass.
Either party or the State may file a motion for review and adjustment based upon the expiration of three years since the last child support order. Under the law the parties need not prove a substantial change in circumstances. Upon the expiration of three years the court will apply the guidelines and determine the new order. The Office of Child Support Services can assist either party in filing a motion for review and adjustment. The Office of Child Support Services can file a motion for review and adjustment in a RIWorks case at the state's request. The order may go up or down upon application to the court. There is a review and adjustment packet on this Web site if you would like to file this motion on your own.