Nadine Evans v. Matthew Evans

Syllabus

The defendant, Matthew Evans, appealed from an order of the Family Court denying a motion that he characterized as a motion to receive a child support credit for Social Security Disability Insurance benefits that are paid directly to the plaintiff, his former wife, for care of their child. The defendant argued that his motion was denied in error because that decision was inconsistent with our precedent in Pontbriand v. Pontbriand, 622 A.2d 482 (R.I. 1993). He also argued that the existing child support order was invalid because a Child Support Guideline Worksheet was never used. The Supreme Court, however, did not agree with the defendant's characterization of his motion as a motion for credit. Instead, the Court determined that the defendant's motion was in fact a motion to modify child support. Because review of an order relating to the modification of child support must be sought by a petition for writ of certiorari pursuant to G.L. 1956 § 14-1-52(b), and because the defendant did not petition for such a writ but instead filed a notice of appeal, the Court declined to reach the merits of the case and held that the defendant's motion was not properly before the Court. Therefore, the Court denied and dismissed the appeal.