Voluntary Underemployment and Imputed Income in Rhode Island Child Support Cases
In Rhode Island, you cannot avoid paying child support by intentionally quitting a high-paying job or taking a pay cut. The Family Court can legally impute income, meaning they will calculate your support based on what you are capable of earning, rather than your actual current paycheck.
It is incredibly frustrating when a co-parent in South Kingstown, Cranston, or Warwick suddenly claims they are broke just as child support proceedings begin. Sometimes, a parent will intentionally reduce their hours, accept a lower-paying job, or even quit entirely to avoid their financial responsibilities. This is known as voluntary underemployment. Fortunately, the Rhode Island Family Court does not allow parents to evade their duties this easily. If you believe your ex is hiding their true earning potential, you can use our directory to find a skilled lawyer who will fight to hold them accountable.
Step-by-Step Process in Rhode Island
To ensure a fair calculation, the Providence/Bristol County Family Court, Providence and other local courts will closely examine the reasons behind a sudden drop in income.
Step 1: Filing the Necessary Forms
If you suspect the other parent is underemployed, you must file a Motion to Modify or address it during the initial support hearing. Both parties are required to submit Form DR-6, Rhode Island, Family Court, Statement of Assets, Liabilities, Income, and Expenses under oath.
Step 2: The Legal Standard for Imputing Income
Under R.I. Gen. Laws § 15-5-16.2, a judge can impute income to a parent. This means the court calculates the child support obligation based on the parent's earning capacity, not their actual earnings. The court looks at the parent's employment history, education, specialized training, and the availability of jobs in the Rhode Island labor market. The landmark case Vieira v. Hussein-Vieira, 150 A.3d 611 (RI Supreme Court 2016) established that a parent cannot intentionally remain unemployed to avoid supporting their children.
Quitting a High-Paying Job
If a parent leaves a $100,000-a-year engineering job to work minimum wage at a local retail store, the judge will heavily scrutinize the decision. Unless the parent can prove a valid medical condition or a severe industry downturn, the Kent County Family Court, Warwick will likely calculate child support as if they were still earning their previous high salary. The burden of proof is on the person who quit to justify why the career change was necessary and in good faith.
Choosing Part-Time Work
Some parents reduce their working hours from 40 to 20 hours a week to lower their gross income on the Form FC-78, Rhode Island, Family Court, Child Support Guideline Worksheet. If a parent is capable of working full-time but simply chooses not to, the court will typically impute a full 40-hour work week at their hourly rate. The only major exception is if the parent needs to work part-time to care for a severely disabled child.
Being Fired for Cause vs. Laid Off
There is a massive legal difference between being laid off and being fired for bad behavior. If a parent is laid off due to corporate downsizing, the court will usually grant a temporary reduction in child support while they actively seek new employment. However, if a parent is fired for cause-such as stealing from the company, failing a drug test, or extreme insubordination-the court views this as voluntary underemployment. Their bad choices led to the job loss, so their previous income will still be imputed.
How Much Does it Cost in Rhode Island?
Proving voluntary underemployment involves specific financial costs:
- Court Filing Fees: Filing a motion costs about $120.
- Attorney Fees: Most family lawyers in Rhode Island charge between $250 and $450 per hour. Litigating an imputed income case can cost between $3,000 and $7,000.
- Vocational Expert: In complex cases, you may need to hire a vocational rehabilitation expert to evaluate the local job market and testify about the parent's true earning capacity. This expert usually charges between $1,500 and $3,500.
How Long Does the Process Take?
If you are requesting the court to impute income, the process generally takes 3 to 6 months. Gathering evidence of the parent's work history, subpoenaing employment records, and taking depositions of former employers adds time to the discovery phase. If a vocational evaluation is ordered, expect the timeline to extend by another 2 to 3 months before a final hearing is scheduled.
Frequently Asked Questions (FAQ)
Will the court impute income if the parent goes back to college?
It depends. If going back to school will quickly result in a much higher-paying career, a judge might temporarily reduce support. However, they will not allow a parent to become a perpetual student simply to avoid paying child support.
What if my ex is hiding money by working under the table?
If you can prove they are earning cash off the books through witnesses, text messages, or lifestyle evidence (like buying expensive cars), the court will impute that hidden income into the child support calculation.
Can income be imputed to a stay-at-home parent?
Yes. If the children are older and in school full-time, a judge may expect the stay-at-home parent to re-enter the workforce and will impute at least minimum wage to them.
How does the court determine earning capacity without a job history?
If a parent has never worked, the court will typically impute income based on the current Rhode Island minimum wage for a 40-hour work week.
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