Rule 64.Temporary Support, Custody, Legal Fees — Expedited Hearings.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 64
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Subdivision (a) treats the motion like process. A party seeking temporary support, custody, or attorney's fees and costs, or asking to modify one of those orders, serves the notice of motion and the papers with it the way Rule 4(d) or (e) directs, on the party the relief is sought from. The exception covers the common case: if that party already has an attorney in the action, service goes to the attorney under Rule 5(b).
Subdivision (b) puts the money on paper. A motion for temporary support or for attorney's fees and costs, and a miscellaneous petition filed without starting a divorce, must come with an affidavit setting out the applicant's current assets, liabilities, income and expenses. The party opposing it files the same kind of affidavit. The form is on the Judiciary's website under Public Resources, Forms. Skipping it is not, in the first instance, a ground for dismissal, so the motion survives the omission, but the judge is then asked to set support without the numbers the rule calls for.
Subdivision (c) sets the clock. Serve the motion at least twenty days before the hearing date. The court can shorten that for good cause on the movant's application, with or without notice, which is how an urgent support or custody request reaches a judge quickly. Subdivision (d) adds something people do not expect: before or after the hearing on the motion starts, the court may advance the trial on the merits and consolidate it with the motion hearing.
Frequently Asked Questions
How much notice do I have to give before a temporary support hearing in Rhode Island Family Court?
Rule 64(c) requires the motion to be served at least twenty days before the time fixed for the hearing. The court can order it heard sooner for good cause on the movant's application, with or without notice.
Do I have to file a financial affidavit with a motion for temporary support?
Yes. The motion must come with a supporting affidavit stating your current assets, liabilities, income and expenses, and the party opposing the motion has to file one as well. The current form is on the Judiciary's website under Public Resources, Forms.
What happens if I forget the supporting affidavit?
Rule 64(b) says the failure to file it is not a ground for dismissal in the first instance. The motion does not die on that omission, though the court is then asked to decide support without the financial picture the rule wants.
Who gets served if the other side already has a lawyer?
Can the judge decide the whole case at the temporary hearing?
It is possible. Under Rule 64(d), before or after the hearing of the motion begins, the court may order the trial of the action on the merits advanced and consolidated with that hearing.