§ 15-5-16.7. Review of child support orders.
(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.
(P.L. 1992, ch. 177, § 2; P.L. 1992, ch. 263, § 2; P.L. 1997, ch. 170, § 1; P.L. 2017, ch. 166, § 1; P.L. 2017, ch. 311, § 1.)