How to modify child support or alimony in Rhode Island

Sources last checked: 7 November 2026. Information only, not legal advice. The Cusp is not a law firm.

Rhode Island divorce kitHow child support is calculatedAlimony in Rhode IslandLegal aid in Rhode IslandAfter your divorce

The short version

In Rhode Island, the Family Court can change an existing alimony order under R.I. Gen. Laws 15-5-16(c) and an existing child support order under section 15-5-16.2(c)(2), in both cases on “the petition of either party”. The statutes treat timing differently. A child support change can be made retroactive “only to the date that notice of a petition to modify was given”, and only if the court finds a substantial change in circumstances and states its findings. For alimony, the court may make a change retroactive to “the date that the court finds that a substantial change in circumstances” occurred. We could not read the Judiciary’s forms list, so this page does not name a court form. For child support orders the state enforces, the Office of Child Support Services (OCSS) has its own review process, described below.

What a petition can ask for

  • Alimony: section 15-5-16(c)(2) says that after a decree for alimony is entered, the court may “review and alter its decree relative to the amount and payment of the alimony”. It must set out specific findings of fact showing a substantial change in circumstances if it makes the change retroactive. The statute does not define “substantial change in circumstances”.
  • When alimony ends: the same subsection says that on the remarriage of the person receiving alimony the obligation “shall automatically terminate at once”. The text we read names no other automatic ending.
  • Purpose of alimony: the statute describes it as support to “enable the recipient to become financially independent and self-sufficient”, though the court may award it for an indefinite period when appropriate.
  • Child support: section 15-5-16.2(c)(2) allows the court to “review and alter its decree relative to the amount of support”. Under subsection (a), the amount is based on a formula and guidelines set by an administrative order of the Family Court, and the court may depart from them only if it finds the result inequitable and makes findings of fact.
  • Incarceration: the statute says that in modifying an order, incarceration “may not be treated as voluntary unemployment” that would prevent the motion from being heard or lead to its denial. When OCSS learns that the noncustodial parent will be incarcerated for 180 days or more, it may file a motion to modify on its own. The court then must hold a hearing on the parent’s ability to pay.
  • After the youngest child is emancipated: the order continues by wage withholding, is applied to any arrears, and is then suspended automatically once the arrears are paid, without a return to court.
  • Property: section 15-5-16.1(c) says a property assignment, once made in a final decree, “shall be final, subject only to any right of appeal”.

The OCSS review process

This is from the state’s Child Support Program rules (218-RICR-30-00-1), section 1.22, which cover orders enforced under Title IV-D of the Social Security Act. The Department of State site lists the rule as active. We could not read the OCSS website itself (see below).

  • How to ask: a request for a review “must be made in writing” and show a change in circumstances that meets the rule’s criteria. OCSS must decide whether to review the order within fifteen days of receiving all the information it needs.
  • The criteria: OCSS looks for evidence of at least one of these: the existing order would deviate by fifteen percent or more when new income is run through the guidelines, or thirty-six months have passed since the order was entered or last reviewed; health insurance is available at reasonable cost to the noncustodial parent and the order does not provide for it; an additional child of the parties is not covered by the order; there has been a change of custody or of who is responsible for the child’s care; or a party is now supporting an additional minor dependent.
  • Who decides: OCSS may refer the request to the Family Court, but “All decisions on whether or not to modify an order rest with the court”. OCSS attorneys represent only the state, not either parent.
  • If OCSS declines for a custodial parent: the rule says the notice describes “the self-represented process whereby the custodial parent may file a Motion for Modification”, provided the parent “has not presently assigned his or her right to support” to the state.
  • For a noncustodial parent: if OCSS accepts a written request it files a Motion for Relief and serves the other parent. If it rejects the request it must say why and tell the parent about the right to file a self-represented motion. The rule says the forms are available on a website and at Family Court. We did not see them.
  • Job loss: for a parent who becomes unemployed or underemployed, the rule says the noncustodial parent “is entitled to relief only as of the date of Notice of the Motion” and that the motion “should be filed immediately upon termination from employment”.
  • Two kinds of motion: the rule describes “Filing a Motion to Modify when only a modification is being sought” and a Motion to Adjudge in Contempt and to Modify when enforcement is also needed. With a Motion to Modify, both parties complete and file a form called the Statement of Income and Assets (OCSS-1). We did not see the form or its revision date.
  • Earlier than three years: the rule says an order may be modified before the three-year review period if the court finds a substantial change in circumstances under section 15-5-16.2.

Forms

The Rhode Island Judiciary has a Forms page, but its list loads with JavaScript and our plain-text reading returned only the page frame. We therefore name no Family Court form number or revision date. The Family Court page lists “Forms” among its quick links. Ask the Family Court clerk for the current forms for modifying alimony or child support.

Before you file

  • Court staff cannot give legal advice. See legal aid in Rhode Island for free or low-cost help, or the Rhode Island divorce kit for the wider process.
  • Timing matters: for child support a change can reach back only to the date notice of the petition was given, so file as soon as your circumstances change, and keep proof of when the other parent was notified.
  • Gather your current decree or support order and recent income records first.
  • Check your decree and any settlement agreement for language about changing alimony or support.
  • Child support amounts follow the state guidelines. See how child support is calculated in Rhode Island and alimony in Rhode Island. For other changes after a divorce, see After your divorce.

What we could not confirm

  • Court forms. The Judiciary Forms page did not show its list to our reader, so we found no form to modify alimony or child support and give no form numbers or revision dates. We did not open the Family Court’s “Guide and File” tool, which is hosted on another site and, from its title, concerns finalizing a divorce.
  • The OCSS website. A request to ocss.ri.gov returned an access-denied (403) response. We did not try to get around it. We did not read its pages, its Request for Relief form, or form OCSS-1, and we relied on the Department of State’s copy of the rules.
  • What “substantial change in circumstances” means. The statutes do not define it, and we read no court opinions.
  • Guideline amounts. The guidelines are set by Family Court administrative order. That list also loads with JavaScript, so we did not read them and this page gives no support figures.
  • Agreements. The statutes we read do not say whether terms in a settlement agreement can be changed. We read no cases on that, so check your agreement.
  • Procedure. We did not read the Family Court’s rules for notice, service and hearings, so we describe no filing steps for a self-represented person.
  • Fees and fee waiver. We read no fee page and give no amounts.
  • Other alimony endings. Section 15-5-16 as we read it names remarriage. We did not read other sections or cases on death or cohabitation.
  • Later law changes. We read the statutes as shown on the Legislature’s site on 7 November 2026. The child support section lists amendments through 2024.

Spot something out of date? See our corrections or email hello@thecusp.app.

Sources