Rhode Island Family Law Blog

Alimony cash payments are affected by many things

On behalf of Rioles Law Offices posted in alimony on Thursday, July 11, 2019.

Sometimes, when Rhode Island couples divorce, one seeks ongoing cash payments from the other. Those cash payments, referred to as spousal support or alimony, can be for a very short period after the divorce, or they can be for a very long time after the divorce.

When alimony is for a short period, it is often because the marriage itself was short or because the person to whom the alimony is given is quickly able to become self-sufficient by getting a good job or by getting remarried. When alimony is for a long period, it is often because the marriage itself was long, the person getting it was married for a long time and they are not positioned well to support themselves after the divorce. For example, if a husband gave up his career to be a full-time stay-at-home father for 20 years, he would be disadvantaged when trying to get back into the workforce and could be awarded alimony from the woman he had been married to.

Enforcing child support orders

On behalf of Rioles Law Offices posted in child custody & support on Wednesday, June 26, 2019.

Dealing with the absence of child support payments from the other parent of your child can be debilitating. If you depend on child support as one stream of income, providing for your child's basic needs can be difficult. Even if you do not depend financially on the payments, knowing that your co-parent is not fulfilling their financial responsibilities can be frustrating and anger-inducing.

It's important that you act efficiently in response to missed child support payments. By taking action sooner rather than later, you will have a better chance of successfully enforcing the child support order and obtaining the payments that you and your child deserve.

Getting divorced? You should probably sell your house

On behalf of Rioles Law Offices posted in property division on Friday, June 14, 2019.

You hear people talk about a lot of different options for the house when they get divorced. They own the home together so that the kids don't have to move. They try bird-nesting, where they actually share the home themselves. One spouse buys the house from the other.

All of these are options, and you should consider them. However, it is often best to simply sell your home and move on.

How to prevent a prenuptial court challenge

On behalf of Rioles Law Offices on Friday, June 7, 2019.

You found the love of your life and you’re planning to get married. However, you and your future mate come from two different financial worlds, so you want your future spouse to sign a prenuptial agreement. While it’s a delicate matter, you feel it’s important and necessary.

You love your future spouse but you also realize not all marriages last a lifetime, so you want to protect your assets. In order to develop the right document, you can access many different online sources for Rhode Island premarital and prenuptial agreements.

How to uncover your ex's hidden assets

On behalf of Rioles Law Offices posted in property division on Friday, May 31, 2019.

If you are facing a divorce, you know that the way assets are divided will have a huge impact on your quality of life in the future. Therefore, it is vital that assets are divided fairly. Unfortunately, many divorcing spouses act without integrity during the divorce proceedings, and they often try to hide assets to prevent them from being divided fairly.

If you suspect your spouse of trying to hide assets, it is important that you do not accept this unjust behavior. By learning some simple strategies, you will be better equipped to track the movement of marital assets.

What will happen if my ex stops paying alimony?

On behalf of Rioles Law Offices posted in alimony on Friday, May 17, 2019.

As part of a divorce settlement, some Rhode Island spouses may be awarded alimony payments. These are often paid by the higher-earning spouse for a limited period of time. The spouse who is ordered to pay alimony may not be happy about the ruling, but they are legally obligated to do so unless their request for modification of alimony is accepted.

If your former spouse has stopped paying alimony, it is likely that you have lost a source of income upon which you depended greatly. While it is understandable that you're angry about this, the best thing you can do is to remain calm and depend on the law to ensure that justice is served.

Raising kids may cost more than you think

On behalf of Rioles Law Offices posted in child custody & support on Friday, May 3, 2019.

One of the largest areas of conflict in child support cases can be just how much it really costs to raise that child. What costs do parents need to cover? How much money really goes toward getting a child from the hospital to age 18? When parents do not agree on the costs, they may not agree on how much support each of them should provide.

The reality, though, is that many people vastly underestimate just what it costs to raise a child. One report put the total at more than $233,000.

What do Rhode Island courts consider during asset division?

On behalf of Rioles Law Offices posted in property division on Wednesday, April 17, 2019.

In states where the legal theory of community property is recognized, all marital assets in a divorce are divided equally between spouses. However, Rhode Island does not recognize community property, and therefore, the asset division process is significantly more complex.

If you want to achieve a favorable result in the asset division process, you should ensure that you understand the factors Rhode Island courts take into consideration. By doing so, you will be able to highlight relevant issues to help you get the result that you deserve.

Rhode Island has one of U.S.' lowest divorce rates

On behalf of Rioles Law Offices on Monday, April 8, 2019.

It has been decades since divorce was rare or considered something to be ashamed of in Rhode Island. Almost everyone who has not gotten divorced themselves has at least one relative or close friend who has.

So it may surprise readers to know that Rhode Island has one of the lowest divorce rates in the United States. That is according to data provided by the 2017 American Community Survey. Specifically, for every 1,000 married Rhode Islanders, slightly more than 10 people got divorced that year.

Understanding interstate custody issues

On behalf of Rioles Law Offices posted in child custody & support on Friday, April 5, 2019.

Many parents who live in a different state from where their children reside worry that custody issues will become complicated. While implementing laws across states can have the potential to be extremely complex, this has been mitigated in child custody cases with the implementation of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJA).

The UCCJA is in place in all states with the exception of Massachusetts and Vermont. This means that in the majority of situations, the UCCJA will apply when navigating interstate custody issues.

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