Rule 64A.Post Final Judgment Relief.

Current through February 2024 · Last verified September 12, 2026

In one sentenceRule 64A requires a party seeking relief after final judgment to serve a summons and complaint like original process, to attach a financial affidavit when asking to change alimony or support, and to serve at least ten days before the hearing.

Full Text of Rule 64A

Text sizeJump to: (a) (b) (c) (d)

(a) Service. A party seeking post final judgment relief shall serve a summons, complaint, Language Assistance Notice, and all other required documents in the manner prescribed in subdivision (d) or (e) of Rule 4 upon the party against whom relief is sought.

(b) Statement of Needs. Complaints for modification of alimony or support obligations made pursuant to this rule shall be accompanied by a supporting affidavit containing a statement of the applicant's current assets, liabilities, income, and expenses. A party who opposes the complaint shall file an affidavit containing a statement of his or her current assets, liabilities, income, and expenses. The most current version of the supporting affidavit is located on the Judiciary's website at www.courts.ri.gov under the heading of Public Resources, Forms. The failure to file a supporting affidavit as set forth herein shall not be grounds for a dismissal in the first instance.

(d) Time of Hearing; Expedited Hearing. The complaint, Language Assistance Notice, and all other required documents shall be served at least ten (10) days before the time fixed for the hearing unless, on request of the applicant with or without notice, the court for good cause shown orders the complaint heard sooner. If service is made less than ten (10) days before the time fixed for the hearing, the court for good cause shown may nevertheless order the hearing to proceed on the day fixed or at some other appropriate time.

End

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) holds the difference people trip over. Relief after final judgment is not a motion dropped into the old file and mailed to opposing counsel. It starts with a summons and complaint, plus the Language Assistance Notice and any other required documents, served on the other party in the manner of Rule 4(d) or (e), the same service that opened the case in the first place.

Subdivision (b) requires a financial affidavit with a complaint to modify alimony or support, listing current assets, liabilities, income and expenses. Whoever opposes the complaint files one too. The current form is on the Judiciary's website under Public Resources, Forms. Leaving it out is not a ground for dismissal in the first instance.

Subdivision (c) fixes the effect of showing up: an appearance by the party opposing the complaint, or by someone on that party's behalf, is deemed a denial of it. Subdivision (d) sets the notice period at ten days before the hearing, half of what Rule 64 requires for temporary motions, and the court may order an earlier hearing for good cause on request with or without notice. Late service is not automatically fatal. If the papers land less than ten days out, the court may still, for good cause shown, hold the hearing on the day fixed or at some other appropriate time.

Frequently Asked Questions

How do I ask to change support after my divorce is final in Rhode Island?

Post final judgment relief starts with service of a summons, complaint, Language Assistance Notice and all other required documents in the manner of Rule 4(d) or (e). A complaint to modify alimony or support also needs a supporting financial affidavit.

How many days before the hearing must a modification complaint be served?

At least ten days before the time fixed for the hearing. On request of the applicant, with or without notice, the court may order the complaint heard sooner for good cause shown.

Does an appearance count as denying a post judgment complaint?

Rule 64A(c) provides that an appearance by or on behalf of the party opposing the complaint is deemed a denial, so the opposition is on the record through the appearance itself.

What if the papers arrive less than ten days before the hearing?

The hearing is not automatically lost. Rule 64A(d) lets the court, for good cause shown, order the hearing to proceed on the day fixed or at some other appropriate time.

Does the other parent have to file a financial affidavit too?

Yes, when the complaint asks to modify alimony or support. The party opposing the complaint files an affidavit stating his or her current assets, liabilities, income and expenses, using the form on the Judiciary's website under Public Resources, Forms.

Source & verification. The rule text is reproduced verbatim from the official Rhode Island Family Court Rules of Domestic Relations Procedure (R.Dom.Rel.P. 64A). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified September 12, 2026. · Official source

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