Will I Owe Child Support Arrears in Rhode Island?
Falling behind on child support can have serious financial and legal consequences in Rhode Island. Whether you’ve lost a job, faced unexpected medical expenses, or experienced a misunderstanding about payments, it’s important to understand how child support arrears work and what your options are.
At The Law Offices of Timothy M. Sweet, we help parents across Rhode Island navigate child support enforcement, arrears, and modification issues with clarity and care.
What Are Child Support Arrears?
Child support arrears refer to unpaid child support that has built up over time. In Rhode Island, once the court issues a support order, any missed payments become arrears and are legally enforceable, including interest. Under Rhode Island General Laws § 15-5-16.2, child support is calculated based on the income of both parents and the needs of the child. Once an order is entered, you’re required to pay the full amount unless and until the court changes it. If your financial circumstances change, you must file a motion to modify the order. The court cannot reduce or forgive past-due support retroactively.
How Are Arrears Collected in Rhode Island?
The Rhode Island Office of Child Support Services (OCSS) uses several enforcement tools to collect unpaid child support. These can include wage garnishment, tax refund intercepts, license suspensions (driver’s, professional, or recreational), liens on property, and even contempt of court proceedings. These actions can damage your credit, impact your employment, and in some cases, lead to arrest. If you’ve received a notice or a court summons about child support arrears, it’s critical to respond promptly. If you’re dealing with financial instability during a divorce or separation, you may also want to read our blog on The Value of a Motion for Temporary Allowances.
Can I Go to Jail for Owing Child Support?
Yes, but it depends on the circumstances. Rhode Island courts may hold a parent in contempt if they determine that the parent had the ability to pay but willfully avoided doing so. This could result in incarceration. However, jail is typically a last resort. Courts are more likely to work with parents who show good faith and make efforts to comply. RI Family Court Rules give judges discretion to determine appropriate enforcement methods.
What If I Can’t Afford My Child Support Payments?
If your financial situation has changed significantly—because of job loss, illness, or another major life event—you can petition the court for a modification of your support order. But keep in mind, changes are only applied going forward from the date of your request. They won’t erase arrears you’ve already accumulated. For more information on modifying support, visit our Rhode Island Child Support Lawyer page.
Can Child Support Arrears Be Forgiven?
In some cases, yes. If the arrears are owed to the custodial parent, that parent may agree to waive the debt. However, if the arrears are owed to the State of Rhode Island—such as when the child received public assistance—those amounts generally cannot be forgiven. The court may approve a repayment plan to help you catch up gradually. Federal child support enforcement guidelines also guide these procedures.
How Our Office Can Help
At The Law Offices of Timothy M. Sweet, we understand the stress and uncertainty that come with falling behind on child support. Whether you’re working to catch up, seeking a modification, or facing enforcement action, we offer skilled, compassionate representation to help you move forward with confidence.
If you’re facing child support issues, you may also find these pages and resources helpful:
Need help with child support arrears in Rhode Island? Contact us today to schedule a consultation and let’s talk about your options.