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Rhode Island Family Law Blog

How can I get more visitation time with my children?

The time spent with your children is likely to be the highlight of your day or week if you are a divorced parent. Unfortunately, many parents are not able to see their children as often as they would like. They may only be able to see their child on certain days or on alternate weekends, for example. This can be very distressing for both the parent and child, and it can also be detrimental to the bond that they share.

If you would like to modify the child custody agreement that is in place between you and your co-parent so that you can spend more time with your children, you must understand how the process is started. Following are some key things that you should know:

Important questions to consider in the property division process

If you are going through a divorce, there will be many important processes that you will have to go through. For example, you may need to establish child custody, child support and alimony. In addition, you will need to divide all marital property, which can be a stressful task.

You should make sure that you have a good understanding of issues that impact the way that property is divided during divorce as early as possible. This will help you make the most beneficial actions to protect your rights to your assets. The following are some important questions to consider in the property division process.

How can hidden assets and financial fraud affect your divorce?

Divorce brings about a multitude of emotions, such as anger, grief and worry. Additional feelings may include signs of distrust and a desire to beat your future ex-spouse in a divorce. Making sure they show all their assets helps ensure you’re treated equitably when it comes to splitting marital property.

Rhode Island courts need to know all the assets both you and your spouse possess before they can determine how to divide them fairly in your divorce, but not necessarily equally. Hiding assets and committing financial fraud are dirty tricks – but that doesn’t mean your spouse won’t try them.

Factors considered when awarding alimony in Rhode Island

When a couple goes through a divorce, it means that they not only separate physically and emotionally but financially, too. Financial separation can be one of the most complex issues in a divorce because spouses are likely to have become financially intertwined over the years. It's also probable that one spouse will be set to suffer financially as a result of the divorce and the subsequent division of assets.

This is why there are provisions in place across the United States to attempt to make the divorce process as fair as possible. One of these provisions is the payment of alimony. Alimony is a temporary measure that sees one divorcing spouse pay their ex-spouse a certain amount of income for a certain amount of time. The following are the relevant laws that govern alimony payments in Rhode Island.

What expenses are child support orders intended to cover?

When you obtain an order for child support, the intent is to ensure that the child in question is financially supported by both parents. The cost of raising a child is high, not just because of the need for essentials like diapers and food. For example, custodial parents will likely need to pay higher costs for suitable housing accommodations for their children.

If you have been ordered to pay child support or if you are considering filing a child support claim, it is a good idea to take the time to understand what expenses child support is intended to cover.

How marital assets are divided in Rhode Island

Different states have slightly varying rules when it comes to dividing assets in a divorce. Therefore, it is important that you understand the specific laws in the state that you are filing for divorce in. In Rhode Island, community property is not recognized. This essentially means that marital assets will not be subject to a 50/50 split during a divorce. Instead, many factors will be assessed by courts to establish an equitable and fair outcome.

If you are getting divorced in Rhode Island, it is important that you understand the factors that will be taken into account when dividing assets. This will enable you to be able to predict the likely outcome of asset division in your situation and to prepare accordingly.

Is it possible to modify a child support agreement?

When a court first sets child support during divorce proceedings, they take a number of factors into account. That might include each parent’s income, the emotional and physical needs of the child and their standard of living.

As the months and years go by, however, things can change. Sometimes dramatically. In those cases one parent might need to request a modification to the child support agreement. While making a change is possible, it requires some considerations.

Alimony cash payments are affected by many things

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

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

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.

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