Family Law & divorce Practice issues

There are two kinds of divorces that can be filed in Rhode Island, contested and uncontested.  

Though attorney definitions vary somewhat, in an uncontested divorce the spouses reach a complete agreement and put their divorce through on the "Nominal" Divorce Hearing date which is printed on the summons that is served on the defendant.

A contested divorce is one that either (1) is filed as "contested" and therefore a Nominal Divorce Hearing date is not scheduled , or (2) the spouses are unable to reach an agreement and resolve their divorce by the Nominal Divorce Hearing date in which case the court changes the case to its contested track as if had been filed as a contested divorce. 

If you are considering representing yourself . . . rethink that.  It's true that more people are trying  to represent themselves.  Yet, in many cases costly mistakes are made that cost them thousands of additional dollars to have a lawyer try to fix the issues.  That is assuming it can even be fixed at all.  Some mistakes can't be fixed and are devastating.  If you are going to do anything at all, be smart and do it right the first time by consulting a lawyer experienced in this area..  See my upcoming articles on different ways even so-called "uncontested" divorces went wrong.  I cannot tell you how many times I have been called on to fix a divorce mistake by a person who represented themselves.  I have seen other attorneys try to fix devastating mistakes.  Some were successful, some not.

Give me a call and set up an affordable legal advice session so you know where you stand. If you want to hire me and do it right the first time, great.  Need more info?  See my upcoming articles about the mistakes you can easily make handling your divorce without a lawyer.

Child Support is financial support ordered to be paid by a parent for the support of the minor child(ren).  It is governed by R.I. General Laws § 15-5-16.2, the Rhode Island Child Support Guidelines, Rhode Island case law, and the discretion of the family court judge based upon the circumstances. 

In today's "technology age" people are looking to online calculators to try to determine their child support for a variety of reasons such as whether to return to court to reduce their child support or how much they will pay if they are taken to court to set child support.

Only rely on a child support calculation provided by an experienced Rhode Island family law attorney who has been provided with all the information necessary for a correct calculation.  

When you use online calculators you do so at your peril.  Child support takes into account a variety of information, including income, portions of health insurance attributable solely to the insurance paid for minor children, portions of support for other minor dependents, child care expenses, amount of the federal child care tax credit, etc.   I have yet to see any online calculator that even remotely takes into account all the factors to give a proper calculation.

Relocating out of state with minor children can be misunderstood.  One thing is certain, what you absolutely should not do is simply presume that because the court awarded you placement by a court order that you have the right to simply move out of state with your child.  The nature and wording of the court order may provide partial guidance but depending upon state law or even your marital settlement agreement in your divorce may play a large role in whether you can or cannot move out of state with the children.  

If you want to relocate with a minor child outside the state of Rhode Island you should always consult an experienced family law attorney before doing anything.  The last thing you want to happen is move and then have the court issue an order either that you move back or that placement be shifted to the other parent.  I'm here to guide you through the issues that could arise in these situations.

Legal custody is an often misunderstood concept.  It is the right of a parent to participate in the decision making process for the minor child regarding important decisions affecting a minor child's life such as whether to attend a public or private school. Or even whether a child should return to school during a pandemic.  Without a court order neither parent should be unilateral making important decisions that substantially impact the child's well-being except in rare instances, such as cases when the delay necessary to consult with the other parent on will cause substantial harm and perhaps irreparable harm to the child. 

Do you care about your child?  Do you want to participate in those decisions?  Are you being denied a voice.  Let's make your voice heard.  Call for an affordable legal advice session.

Visitation a.k.a. Parenting Time is so much more than just a "visit."  Good parents encourage, teach, comfort and stabilize their children.  That role and the time that goes with it are precious.  Whether you need to set a parenting time order for time with your child or are trying to expand your time under an existing order, you need to know where you stand legally.

At the same time, there are parents who damage their children on a regular basis, sometimes intentionally, and you may need to know how you can prevent or mitigate that damage through court action.  If you have a parenting time issue and your child is important to you, don't hesitate, call for an affordable advice session and discovery your legal rights.

With today's skyrocketing medical costs both parents need to be contributing to uncovered healthcare expenses for the minor children.  Yet making sure those costs are covered for children becomes more and more difficult for parents, especially when a parent mistakenly believes that uncovered medical expenses are part of their child support payment. A parent's court ordered child support payment does not include uncovered healthcare expenses unless in the extremely rare instance that this has been worked out by the parties and specifically approved by the court to include uncovered healthcare expenses, something I have yet to see in practice.

It can be difficult to set up how items are to be paid and when to insure that payment or reimbursement is made and how the child will get the services.  Sadly, this is an under-addressed issue by many parents.  One significant illness for one child can set you back thousands or even tens of thousands of dollars.  Make sure an experienced family law attorney helps you set up the mechanism in the first instance.  If you don't then see a lawyer to make sure you know how to ensure the other parent pays their share of these expenses so you aren't left holding the bag.

Say, you entered into a settlement agreement that was accepted by the court in a divorce, legal separation (called a "Divorce from Bed & Board") or miscellaneous proceeding, but the other party doesn't seem to be living up to one or more of the terms of that agreement.  What do you do?  What are your rights?  The gut reaction of man is, "Take them to court and have the court make them abide by the terms."  It sounds simple but many times it isn't.  All it takes for things to go sideways is a word that can reasonably have a double meaning.  Did the agreement provide for the payment of attorney's fees if one party breaches the terms?  If not, might it cost more to enforce the provision than doing so is worth.  Do you have exposure elsewhere in the agreement that could be used against you?  Is a similar term also contained in a court order?  Which one will the court enforce?  What are the ways the court might enforce it?   There are only a few of the questions a good family law attorney considers when advising you on what is best to do.  When agreement issues arise, never assume it is simple.  Seek the advice of competent counsel and find out if there is more to it than you see.