Rhode Island Child Support Law FAQS - Daycare, Overtime, Modification, College, Termination

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1) What if my child's parent works overtime? Will overtime be included in child support?

There is no standard law or rule in Rhode Island regarding whether or not the non-possessory parent's overtime will be used to calculate child support. One Judge in Rhode Island consistently rules that overtime compensation cannot be used to calculate child support.

Other Judges in Rhode Island have different opinions regarding overtime. The Family Court is a court of equity and fairness. Judges in Rhode Island will typically look at whether or not a person consistently works overtime over a substantial period of time. Judges may also look at whether or not overtime is consistently offered to a spouse. If overtime is infrequent or not typically offered Judges may be hesitant to calculate overtime as a factor of child support. In that case, many attorneys argue that a person's income should be calculated using their W2 or gross income for the entire calendar year. By calculating gross income over an entire calendar year even infrequent overtime becomes an element of child support.

Judges may also look at other factors such as the needs and expenses of both parties and any extraordinary expenses for the child. At least one Judge has suggested that the possessory parent get a percentage of the overtime that is worked by the non-possessory parent. Other Judges in Rhode Island believe that overtime should always be a factor in child support. Often the issue of overtime is negotiated by the lawyers prior to any formal ruling by the Judge.

2) My child is about to turn 18 but is still in high school and living at home, can I still get child support?

Under Rhode Island Law, child support should end when a child turns 18 and graduates high school. If the child is still in high school, then child support will continue until the child turns 19.

Child support in Rhode Island automatically continues even after the child turns 18 unless a Motion to terminate child support is filed. If you are a non-possessory parent, your best option is to contact a lawyer to file a Motion to Terminate Child Support approximately 40 days prior to your child turning 18 and graduating high school. This will mean that the motion will be heard on a court date soon after the child turns 18. Please note that the non-possessory parent can still be found in contempt for failure to pay child support even after the child turns 18 if there is no motion granted to terminate the child support. If a child is seriously disabled, child support shall continue until the child turns 21 years old.

3) Can I get my child's father to be ordered to pay for my child's college education?

In Rhode Island the Court has no jurisdiction to order a parent to pay for the college education of his/her child. However, if pursuant to a Property Settlement Agreement or other contract, one party agrees to pay for a child's education, then that agreement may be enforced by a court of law. Therefore, if you seek to have your child's parent pay for your child's college education, then you must negotiate payment of college expenses as part of a global settlement of the divorce or custody agreement or other similar agreement.

4) Who is going to pay for my child's daycare?

The Rhode Island minimum child support guidelines take into account both the importance and expense of daycare. The child support guidelines and worksheet are used to determine the proper amount of child support to be paid by the non-possessory parent. The bottom line is that a party will be ordered to pay approximately the same percentage of the daycare that the party makes in relation to that party's percentage of the combined gross income of both parties.

For example: If the husband makes $100,000.00 and the wife makes $50,000.00 the combined gross income for the parties is $150,000.00. Therefore, the husband makes 66 percent of the income and will be ordered to pay 66 percent of the daycare in addition to child support. (There may be an adjustment to take into account the federal tax credit.) This amount is added onto the minimum Child Support Guidelines amount.

5) How do I modify, increase or terminate child support in Rhode Island?

In Rhode Island child support can only be modified if there is a substantial change of circumstances. In order to get a substantial change of circumstances, the child support amount must be 10 percent more or less than the old child support order. The change in circumstances could result from loss of a job, increase of income of either party, new dependents, loss of overtime, unemployment, a disability, etc.

David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, child support, alimony custody and visitation. David has been practicing for over 9 years and is licensed in Rhode Island, Massachusetts and Federal Court. Please goto http://www.slepkowlaw.com to contact David Slepkow or to obtain more information. You can also call David Slepkow. 401-437-1100

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Great Home Based Business: Start a Daycare

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My wife owned and operated her own home based daycare business for many years. This is her post–

Starting a home based daycare business:

I will tell you it is a lot of work, but very worthwhile and gratifying. There are very important things you must know before thinking of starting a home daycare, here are 10 things you should know:

1. Licensing requirements– For a home daycare some states and counties do require licensing, but most don’t. If you live in an area without licensing requirements, but most states require or want you to be at least certified. I was certified. It is rather easy, you just need to find a place that certifies you, lots to choose from, just look online for child care information in your state. Here is a great site http://nrc.uchsc.edu/STATES/states.htm But where I lived in Wisconsin, because I was certified, not licensed, I could only have 3 children at one time, that is including yours.

2. Only take as many children as you can handle realistically. I took part time, full time, short time, everything, and I will tell you, from my experience, do not take part time kids, it only makes it harder, unless you are only going to have 3 or 4 kids. I mean if this is a source of income, it's hard to make up for the few hours you get from them.

3. There are many ways to find children. This is the fun of ruining your own home based business. The number one way for me was to make really catchy, cute fliers, I made lots of copies and took them to grocery stores, post offices, door to door, put them on cars, anywhere you can people to see them. The most popular place that people saw them was at the grocery store.

4. There are lots of things to take into consideration before starting a daycare. As a day care provider you will not only be the manager, but the secretary, bookkeeper, accounts receivable collector, bottle washer (literally!), organizer, planner, referee, teacher, and counselor, to mention just of few of the roles. You must be patient!

5. There are so many forms you need to have ready on hand for when you start to except new clients. For example, you must have forms that parents sign ahead of time, like prescriptions, you can not give prescriptions to kids unless it is on paper signed from the parents. Just think of what you would be in if something happened to the child, they might be allergic, might give the wrong dosage, might have more than one child taking the same medication and give it to the wrong child, things like that. I have a daycare kit that I am selling that has all the information you need to have and know even before starting to think about running a daycare, I also include many forms that parents will need to sign before you can let there child enroll.

6. You need to think about how much you are going to charge and what age groups you are going to take. This is another business descision. I called big daycares and home day cares to check out what they were charging, don’t tell them who you are, just pretend you have a child you want to enroll there. Great way to find out what the rate is.

7. Think about the things you will need and where you can get them. You don’t have to purchase all new items, garage sales or good wills are great, just make sure to clean and sanitize them really well before giving them to the children.

For example:
* child-sized table and chairs
* individual sleeping places
* diapering area
* art materials
* assorted toys and blocks
* children’s books
* games, puzzles, vehicles, dolls
* props for pretend play
* music
* baby furniture
* storage area

8. Another thing to consider, have the parents bring, and supply you with items, like diapers, wipes, food, (unless you want to include this in the price). That’s what I did, so much easier, because you might have different age groups and lots of different wipes and diapers, that can get expensive. As far as the food, its up to you. I had the parents bring there food, they know what they will eat more than we will.

9. Remember if you have children of your own, this would be a great opportunity for you and them, you can be a stay at home parent and have friends for your kids to play with. You will never have to worry about where your children are or what they are doing.

10. Make sure to review everything and make sure you are ready to make the investment. It is really a life changing opportunity, but again worth while. I loved every minute of every day. I would do it all over again…

Here is a great daycare kit, its rated #1 on clickbank. It Includes:

* what is required to start the business

* determining what to chargesetting

* policies and procedures

* attracting clients

* establishing your daily scheduleplanning

* activities for children

* billing and accounting

* managing your cash flowrecord

* keeping your clients happy

* growing your business

* plus much, much more!!!

Kerry Mann is the creator of http://www.MakeMoneyIdeasBlog.com

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Is A Home Daycare The Answer For You?

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In America today, it takes two incomes in most cases to live a regular middle class lifestyle. This is due to rising costs of necessities such as housing, power, and insurance and Americans are seeing many non-necessities as needs such as cell phones, cable, and video games.

A few generations ago, one income would support a family. Dad would work and Mom would stay at home and play homemaker. Most people raising families in those generations were much more frugal and children were not spoiled. Many of the things we pay for today on a monthly basis didn’t even exist then. How much do you pay for internet, cable/satellite, cell phone plans, big birthdays, name brand clothes, video game systems and video games? If these things existed back then, most families could not afford them.

A major problem for single parents is childcare. Unfortunately many single mothers can not even afford to work, because childcare would cost more than what they would bring home in a paycheck, leaving them stuck between a rock and a hard place.

The answer for homemakers wanting to help their husbands bring in some money or for single mothers who can not afford child care themselves may be a pretty basic idea: Start your own home daycare.

As long as mothers are working, childcare will always be a service in demand. This could be an ideal solution for a mother with children who wants to stay home with them and bring in an income. Watch other children along with your own children. Your children will have playmates and you will get paid.

There are basically two things you need to make sure you have before you start a home daycare:

1) Patience and love for children.
 

2) A suitable place to keep them.

This is written under the assumption that you know that watching children all day is hard work!

If you live in a cramped apartment, this isn’t a good idea until you move to a better place. Parents would like to place their children in a home that has plenty of room and a place outside to play.

What you earn depends on where you live and how many children you keep. Childcare costs are high in some areas of the country, while other parts are relatively low.

Many parents prefer home daycares to regular daycares because their children get more attention, they have the same sitter everyday, and it costs less than regular daycare. You could also just be a regular babysitter, but many parents feel better knowing their childcare provider is licensed by the state. Plus, if you are licensed you are allowed to keep more children.

Before you start a home daycare, you will need to do some planning and it will take time before you are officially open for business. You will need to get a license, your home will be inspected, you will need to child proof your home if it isn’t already, and get some extra toys and baby equipment and decide on meal and snacks everyday.

Then you will need to decide what you will charge, draw up contracts which parents will sign and begin marketing. Put up fliers, get business cards, tell your friends and family to spread the word, and put an ad in the paper. Some home daycares are filled up soon after opening, while others will take time to get established.

An example of one successful home daycare owner is a single mother who could not afford to put her own children in daycare. So, she decided to open up a home daycare and is now making $1,600 a month gross, with the benefit of being able to raise her children herself and be with them everyday. She could earn more money because she is able to watch more children, but has decided to limit her business to watching 4 other children and they are charged $100 a week. However, if she wants, she has options on earning more money from her business.

If she worked outside the home, she’d be only making about $300 per week and would be paying $300 per week for her two children to be in regular daycare, meaning she’d make nothing for working hard all week. Now, she makes $400 per week, doesn’t have to pay a penny to put her kids in childcare and gets to spend tons of quality time with them. With her home daycare income and child support, she is doing well for herself.

Valerie Alanati is a work at home mother who owns a website aimed at helping others find work at home. http://www.workfromhomeforreal.com

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Starting Your Own Home Daycare Business

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If you have a love for children, and perhaps you are already involved in child care, you are a perfect candidate for a home daycare business. The daycare business is fun and easy to run once it is in place and does not take much maintenance, but sometimes getting it all started can be a bit overwhelming. One of the main problems that you will probably face is that you will be up against some pretty strict code enforcement issues, and you need to be ready from the beginning to tackle these problems as they come up. So what is it that you will need in order to start your own home daycare business? Let's start from the beginning.

The first thing that you will need to do when starting your own home daycare business is to check the local requirements and code for establishments that deal with children. You will generally find that they are a little more strict when it comes to these codes and being up on the requirements will help you to know what you need to do before you apply for the permits. You will also need to come up with a solid daycare business plan so that you will be able to know where the money is coming from to start and how you will be able to operate through the years.

Once you have your business plan written up and are familiar with the local codes then it is time to hire out some contractors to get your establishment (your home) in line with those codes. You can also seek some financing, if necessary, for some advertising and any expenses incurred from the work being done on your home.

It can be a little rough at first getting your business off the ground, and making sure that everything is running smoothly, but the rewards can be great. Sure, you probably aren't going to make it rich by running a home daycare business, but if you love children, and love what you do, you will be happy with your business.

Download our easy step by step guide to starting and running a successful daycare at our website http://www.start-daycare.info/

Start Your Own Daycare with a daycare startup kit, available on our website.

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Daycare Tax Deduction - How Do I Start?

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So how do you get started claiming a daycare tax deduction? You have your own children to take care of, but for some reason you've decided to help other parent's out and take care of theirs too. You've decided to run a daycare out of your home. There is some good news in this, because of this you can apply for a daycare tax deduction on your taxes. Following are a few suggestions that should help you get started.

A good thing to know is that there are certain qualifiers to really be considered a daycare in the sense that will qualify you for the daycare tax deduction. In order to properly qualify you must be correctly certified or have valid exemptions. Obviously if you do not have these or your license has been revoked or rejected for any reason you are no longer qualified for this exemption and cannot legally apply for a daycare tax exemption.

Of course there are also a few factors that you need to know before calculating how much you can correctly deduct and use in qualifying for a daycare tax exemption. Anything related to the facility, in this instance your house that you used to run the daycare could be included. However, in order to calculate this properly you need to figure out what portion you use for business and what is used for living expenses. In this way you can use a portion of the amount you pay on your general bills, such as electricity, that may be employed in running your daycare. Only the amount used when running the daycare can be used to qualify for the daycare tax exemption.

Also included in expenses that can be claimed are any food you may use to feed the children or any employees. In fact you can deduct 100% of the employees meals and use this as part of the calculation for the daycare tax deduction. Of course this is only their salary or wages don't already have a food allowance included. There needs to be careful records in order to use these amounts for the daycare tax deduction. It may be easier to keep a standard rate for all meals and snacks provided as part of the daycare. You can use this up to three snacks a day, beverages and three meals, but you cannot include any non-food items used to prepare the meal.

Therefore, in the end, not all is bad when it comes to running a daycare out of your home. By taking advantage of the daycare tax deduction you are gaining many benefits from running the daycare out of your personal residence. In addition, with careful calculations and a little extra work, you can make the daycare tax deduction work the best for you as it possibly can. So good luck!

Check out http://www.easy-tax-deductions.com/ for more articles on vehicle tax deduction and tax deductions for donations.

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How To Choose A Daycare Provider

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There is no greater decision that a working parent has to make than who will provide childcare while they are away from home. You want to make sure that the provider gives your child all the love and attention that they can provide. Certainly no provider can provide the attention that a loving parent can, but some are better than others.

The key to making the right decision is in knowing what to look for and what questions to ask. Each parent will be different in what value they place on each area: however there are some things that all parents should be concerned about. Recommendations are nice, but what may be important to your friend may not be as important to you.

The first thing you need to know is the difference between a group center and a family care center. A group care center is usually held in a large, commercial facility. It usually houses 9 children or more. A family daycare is usually in someone's home and usually houses 6 children or less.

Check with your state social services for the requirements in your area. Also check for licenses and certificate requirements. They can also provide a list of reputable providers. You may also want to only consider state licensed centers.

You will also want to consider the adult:child ratio. The lower the ratio the better for your child. This will allow your child to get more attention. The picture of your child sitting alone while some overstressed worker handles too many children is one of a parent's worst nightmares.

Also, ask about staff turnover. The lower the turnover rate, the better it is for your child. The turnover rate is an indication of the stability of the company. You also want to consider how long they have been in service.

Make sure that you are in agreement with the caregiver's philosophy on teaching, breaks, games, discipline (a real biggie) and naps.

Below are some questions that you will want to ask the provider. Many of these can be asked over the phone be nothing replaces an on site visit:

1. What are your emergency policies?

2. What is the cancellation policy?

3. What is the latest I can pick my child up and what are the penalties

4. Who will be taking care of your child and what happens if that person becomes sick?

5. Under what circumstances would you call the parent?

6. How long have you been in business? How long have you been at this site?

7. Could you provide references from other parents?

8. How do you check the backgrounds of your employees?

9. How do you handle sick children?

10. Is there a length of time for the contract?

Remember to take your time when you make this decision. Where you place your child can make a big difference in your little one(s) life and yours. It will also affect your work. If you are concerned about your child it will be harder for you to concentrate on your job.

There are no guarantees. There are many considerations that you need to consider when choosing a daycare. By being patient and doing your homework you will give your child the best possible chance of being safe and happy while you are away at work.

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