Rhode Island Divorce – "Post Divorce Do’s And Dont’s" -Family Law & Child sustain by a RI Lawyer
(For your convenience, I have prepared this list of “Post Divorce Do’s and Don’ts” which are applicable to Rhode Island divorces. Some may be applicable to your case and many will not be applicable. Please take a few minutes to read this. If you have any questions about this article or need any legal help please contact a Rhode Island divorce attorney) Artilce by David Slepkow 401-437-1100
Keep accurate records of child sustain, alimony, or other character settlement payment(s). In the event that there is a argument as to whether or not you have made payments, accurate records are important for proof of payment.
If you have a character settlement agreement in your case, any changes to the character settlement agreement must be in writing and signed by both parties.
In the event that you do not have a character settlement agreement and there is only a final judgment in your case, changes can only be made by application to the court for a alteration of the final judgment based on a substantial change of circumstances.
If visitation of your children is in argument, keep accurate records of your visitations documenting dates, times, activities and/or confrontations with your ex-spouse.
If your ex-spouse is on “welfare” (afdc benefits) then do not make direct payments to her or him! You must make the payment to the State of Rhode Island. In the event that your ex-spouse is on welfare and you make payments directly to her/him, then these payments will be considered a gift. The State of Rhode Island (RI) will nevertheless pursue you for the child sustain payments, despite the fact that you have made the payments to your ex-spouse directly. This method that you will have to make double payments of child sustain.
Do not modify the character settlement agreement by an oral agreement. ALL changes to a character settlement agreement must be in writing, signed by both parties.
Do not make cash payments of alimony or child sustain without a signed receipt from your ex-spouse.
If you make payments directly to your child or buy anything for your child, these payments will be considered gifts to your child and will not be a credit towards child sustain. consequently, if you want these types of payments to be considered child sustain, they must be given directly to your spouse as child sustain.
If there is a restraining order or no contact order in your case, do not contact your ex-spouse without the restraining order being dismissed. already if your ex-spouse initiates the communication or invites you over, you could nevertheless be arrested for violating the restraining order. Any kind of communication is a violation of the restraining order including e-mails, letters, faxes or voice mail messages. Do not rely on your ex-spouse’s insistence that a restraining order has been dismissed. You need to verify with the Clerk of the Rhode Island Family Court that the restraining order has been dismissed.
If your circumstances change, look into filing a motion to modify alimony, closest. This only applies if the alimony is modifiable. If there is a character settlement agreement that is incorporated into the final judgment that states that alimony is non modifiable then the alimony is non modifiable. If there is no character settlement in your case and an award of alimony, then the alimony is probably modifiable upon a substantial change in circumstances. A substantial change of circumstances could be a loss of income, loss of a job or a disability etc.
A. Child sustain
Child sustain does not automatically terminate when your child reaches eighteen (18) years of age. Child sustain will automatically accrue unless a Motion to Terminate Child sustain is filed.
If you are the parent with physical placement of your child/children and your income considerably decreases or your ex-spouse’s income considerably increases, then you should contact a lawyer to file a Motion to increase your child sustain payments.
If you are the parent without physical placement of your child and your income decreases considerably or your ex-spouse’s income considerably increases, then you should contact a lawyer to file a Motion to lower your child sustain obligation. If you cannot pay your child sustain because of a change in circumstances you need to file a motion to modify child sustain closest otherwise you can be placed under a contempt proceeding for failure to pay child sustain.