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East Providence Alimony Lawyer | Spousal Support in Rhode Island | In Depth Information | RI Divorce Lawyer | Family Attorney

East Providence Alimony Lawyer | Spousal Support in Rhode Island | In Depth Information | RI Divorce Lawyer | Family Attorney

Alimony is payments that one spouse may be ordered to pay another spouse for support as a result of a divorce. In Rhode Island Divorce, some spouses qualify for  alimony from the other spouse. Alimony is also known as Spousal Support or Spousal Maintenance.

R.I.G.L 15-5-16 delineates the factors that the Rhode Island Family Court Judge should use in determining whether a Husband or Wife Qualifies for Alimony payment from the other spouse.

The Rhode Island Supreme Court Stated “Alimony is a rehabilitative tool intended to provide temporary support until a spouse is self-sufficient, and is based purely on need.” Berard v. Berard  The Rhode Island Alimony statute is set forth below. You should contact David Slepkow to get legal advice concerning your case.

Rhode Island Lawyer David Slepkow  401-437-1100 has also written over 50 Rhode Island Law Articles about Divorce, Child Support, Child Custody, Child Visitation, Post Divorce, Common Law marriage etc.

Generally, Alimony is awarded for a specific period of time, in increments which are usually weekly or monthly. Alimony could be awarded as a result of a Divorce settlement. If a party requests alimony or is unwilling to waive alimony and the parties cannot agree to an alimony award, then alimony may be awarded at the divorce trial.

Temporary Alimony may be awarded by the Rhode Island Family Court  towards the beginning of the RI divorce. This temporary Alimony award will stay in effect until the final decision by the Rhode Island Family Court Judge at the RI Divorce Trial.

The intent of alimony is rehabilitative in nature. “alimony should be ‘payable for a short, but specific and terminable period of time, which will cease when the recipient is, in the exerciseof reasonable efforts, in a position of self-support.’” Thompson v. Thompson

Alimony is usually awarded on a temporary basis but can be awarded on an indefinite and (perhaps what turns out to be permanent) basis if the facts justify indefinite alimony. The Rhode Island Supreme Court ruled that “Alimony may be awarded even for an indefinite period as long as the trial justice considers all the statutory factors.”

Indefinite alimony may be ordered in a case where a party is seriously disabled or as a result of old age is unable to work. Indefinite alimony could also be awarded in a plethora of different factual circumstances.

The Court must look at “The health, age, station, occupation, amount and source of income, vocational skills, and employability of the parties” in making an alimony determination.

Ability to pay is a crucial factor in determining the amount of alimony and whether or not alimony should be awarded. There are many cases in which a spouse is in desperate need of alimony but the other spouse does not have the ability to pay sufficient alimony. In some cases, the spouse does not have an ability to pay because of a child support obligation to the other spouse or child support owed for other children.

Furthermore, according to The Rhode Island Supreme Court, “Section 15-5-16 does not explicitly prohibit one lump-sum award.” However,  lump sum award alimony appears to be disfavored under RI Law.

The best candidate for alimony is a spouse who put aside his or her career ambitions for many years to be a homemaker and care for the children. As a result of the role of nurturing the children and establishing and maintaining a home, the other spouse was able to advance his or her career in order to be able to afford to pay alimony.

In some cases, the family made a decision that one parent would put aside his or her career aspirations to raise a child or minor children. As a result, the homemaker’s skill set is so outmoded that he or she is unable to obtain suitable employment. This is usually because the homemaker’s job skills, employment history, licenses, training, skills, experience or degrees became outmoded or irrelevant. Perhaps the person does not have enough of an employment history to be able to be self supporting and self sufficient without receiving alimony. In some cases the spouse is unable to work because the spouse currently has a physical custody and placement of a young child.

For this type of person, the intent of an award of Rehabilitative Alimony would be to allow a person to build a work history, advance his or her education, employment training, licenses etc. so that the person can be self supporting and self sufficient in the future.

Another type of person who is an excellent candidate for alimony is a person who is temporarily disabled or permanently disabled especially if the marriage has been a long marriage. Another good candidate for alimony is a spouse who has severely disabled children which renders it difficult  or impossible for the person to seek employment.

“The assignment of property must precede any determination of alimony because the needs ofeach party will be affected by the equitable distribution of the marital estate.Section 15-5-16.1(c). In determining the amount of alimony, the court must consider: “(i) [t]helength of the marriage; (ii) [t]he conduct of the parties during the marriage; (iii) [t]he health, age,station, occupation, amount and source of income, vocational skills, and employability of theparties; and (iv) [t]he state and the liabilities and needs of each of the parties.” Section15-5-16(b)(1).6

Rhode Island Child Custody and Placement plays a role in an alimony determination. If the parties have children, the Court must also make an award of Rhode Island Child Support before the Court determines an alimony award.  The Child Support award plays a large role in determining the resources of the parent with physical custody of the minor child. A child support  http://www.slepkowlaw.com order also may severely affect  a n individuals ability to afford alimony in the future.

The needs and expenses of both parties is crucial in determining alimony. Needs and expenses are intertwined with the standard of living of the parties. The Court may look at the following types of expenses and needs: rent, mortgage, taxes, insurance, food, health insurance, uninsured medical expenses, prescription expenses, dental expenses, cable, internet, utilities, heat, gas , vehicle expenses etc.

Although conduct is a factor in alimony determinations per the RI Alimony Statute, it is not a significant factor since alimony is basically need based. Conduct such as an affair, drug or alcohol addiction, gambling problem, domestic violence plays more of a role in equitable division of assets then in an Alimony determination.

An award of alimony has Federal Income Tax consequences. Alimony is taxable to the spouse who receives the alimony and is deductible by the spouse who pays alimony. In order to qualify as alimony,

Alimony must terminate on the death of the payee spouse and upon the remarriage of the payee spouse. Payment of alimony is a taxable event to the payee spouse.

This is very different from payment of child support. Payment of child support is a non taxable event. The parent who pays child support is not entitled to a deduction for payment and the receiving spouse does not include the payment as income. Therefore it is tax free money to the parent who receives the child support.26 U.S.C.A. 71.

The IRS has rules and regulations concerning what types of payments constitute alimony. The IRS has rules and regulations concerning when a parent tries to mask child support payments as alimony. Please consult with a Rhode Island Divorce and Family Law Attorney concerning the tax implications and rules concerning Alimony. A detailed explanation of tax rules, laws and regulations as they pertain to Alimony is beyond the scope of this article.

The designation of payments as alimony rather than property distribution has consequences in Bankruptcy Proceedings. An alimony award is generally not dischargeable in Bankruptcy. The interrelation between Family Law, Alimony and Bankruptcy is also beyond the scope of this article. Please consult with a Rhode Island Bankruptcy Lawyer/ Attorney.

Another important issue, perhaps crucial issue, is whether or not the parties enter into a property settlement agreement in the divorce.  In order for the alimony to be completely non modifiable, the alimony must be agreed to in a Property settlement agreement. The Court has no power to modify a property settlement agreement. A Court can only enforce or interpret a property settlement agreement. In the event of impossibility of payment, the Court could award equitable relief, equitably reforming the contract between the parties.  Please contact a Rhode Island Divorce Attorney concerning whether or not it is advisable to draft a Property Settlement agreement in your case.

Proper drafting of a Property Settlement Agreement and Alimony provisions in a Property Settlement Agreement is beyond the scope of this article.

The length of the marriage is a very important factor that the RI Family Court Judge looks at in determining Alimony. The Court also needs to hear testimony concerning the party requesting alimony plan to become self supporting and self sufficient.

The Court can also look at the relative ability of both spouses to earn income and or acquire assets and property in the future.

If a person is ordered to pay alimony and does not pay alimony, the other person can file a contempt motion. If a person is found in willful contempt of a Court order they could be jailed until they purge themselves of the contempt. Rhode Island Family Court judges take failure to comply with their alimony orders very seriously. If the Alimony award is modifiable, either party could file a motion to modify the alimony based on a substantial change in circumstances.

§ 15-5-16 Alimony and counsel fees – Custody of children.

(a) In granting any petition for divorce, divorce from bed and board, or relief without the commencement of divorce proceedings, the family court may order either of the parties to pay alimony or counsel fees, or both, to the other.

(b) In determining the amount of alimony or counsel fees, if any, to be paid, the court, after hearing the witnesses, if any, of each party, shall consider:

(i) The length of the marriage;

(ii) The conduct of the parties during the marriage;

(iii) The health, age, station, occupation, amount and source of income, vocational skills, and employability of the parties; and

(iv) The state and the liabilities and needs of each of the parties.

(2) In addition, the court shall consider:

(i) The extent to which either party is unable to support herself or himself adequately because that party is the primary physical custodian of a child whose age, condition, or circumstances make it appropriate that the parent not seek employment outside the home, or seek only part-time or flexible-hour employment outside the home;

(ii) The extent to which either party is unable to support herself or himself adequately with consideration given to:

(A) The extent to which a party was absent from employment while fulfilling homemaking responsibilities, and the extent to which any education, skills, or experience of that party have become outmoded and his or her earning capacity diminished;

(B) The time and expense required for the supported spouse to acquire the appropriate education or training to develop marketable skills and find appropriate employment;

(C) The probability, given a party’s age and skills, of completing education or training and becoming self-supporting;

(D) The standard of living during the marriage;

(E) The opportunity of either party for future acquisition of capital assets and income;

(F) The ability to pay of the supporting spouse, taking into account the supporting spouse’s earning capacity, earned and unearned income, assets, debts, and standard of living;

(G) Any other factor which the court expressly finds to be just and proper.

(c) For the purposes of this section, “alimony” is construed as payments for the support or maintenance of either the husband or the wife.

(2) Alimony is designed to provide support for a spouse for a reasonable length of time to enable the recipient to become financially independent and self-sufficient. However, the court may award alimony for an indefinite period of time when it is appropriate in the discretion of the court based upon the factors set forth in subdivision (b)(2)(ii)(B). After a decree for alimony has been entered, the court may from time to time upon the petition of either party review and alter its decree relative to the amount and payment of the alimony, and may make any decree relative to it which it might have made in the original suit. The decree may be made retroactive in the court’s discretion to the date that the court finds that a substantial change in circumstances has occurred; provided, the court shall set forth in its decision the specific findings of fact which show a substantial change in circumstances and upon which findings of facts the court has decided to make the decree retroactive. Nothing provided in this section shall affect the power of the court as subsequently provided by law to alter, amend, or annul any order of alimony previously entered. Upon the remarriage of the spouse who is receiving alimony, the obligation to pay alimony shall automatically terminate at once.”

Rhode island (RI) Attorney David Slepkow Represents clients in all Rhode Island (RI) Counties including: Providence County Family Court (Providence, East Providence, Cranston, Barrington, Bristol, Warren, Pawtucket etc.), Kent County Family Court (Warwick, Coventry Etc.,) Newport County Family Court (Tiverton, Newport, Portsmouth, Middletown), Washington County Family Court ( South Kingstown, Wakefield etc.)

Rhode Island legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all Lawyers / Attorneys in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.

David Slepkow is a Rhode Island lawyer concentrating in Divorce, Family law, Restraining Orders, Child Custody, Child Support, DCYF, Post Divorce, Relocation out of State Personal Injury and Automobile / Car Accidents.

David has been practicing since 1997 and is licensed in Rhode Island (RI), Massachusetts (MA) and Federal Court. Free Initial Consultations. Credit Cards Accepted.

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Child Support Contempt in Rhode Island (RI) By a Family and Divorce Law Attorney

Child Support Contempt in Rhode Island (RI) By a Family and Divorce Law Attorney

Child support contempt in Rhode Island (RI)

If a person violates a Rhode Island Family Court order by not paying child support, the parent with physical custody may file a motion to hold that person in contempt for failure to pay child support.  A person accused of not paying child support has a right to a hearing. The obligor parent has the right to proper notice under the Rhode Island Family Court Rules.

If the person owed child support (the parent with physical placement / custody) is on AFDC Benefits (welfare) than payment may be owed to the state of Rhode Island. In that event, the motion may be initiated by the State of Rhode Island, Child Support Enforcement rather than the father or mother with physical custody of the minor child.

A Child Support contempt proceeding could be part of a Rhode Island divorce, child custody, Complaint for separate Maintenance, dcyf petition, child visitation, paternity or other type of Family Court legal action. If there is a potential for incarceration and a person cannot afford a Rhode Island Family Law lawyer / attorney then the Family Court must insure that the person has an attorney representing him or her. The Judge usually has a list of Court Appointed attorneys who are paid for by the state. Otherwise, the Court will appoint  one of the lawyers from Rhode Island Legal Services to represent the person.

There is often an opportunity to settle the matter prior to any hearing in which a judge may find a person in willful contempt. A settlement typically may include any one of the following or a combination of the following or something different:  the obligor agreeing to remain current, paying a lump sum, a payment plan, staying current in addition to an arrearage order, etc.

In some situations, the parent with physical custody or Child Support enforcement is unwilling to settle the matter and insists on a hearing.

Technical contempt

If a person is found in technical contempt after a hearing, it means that the person has not complied with the child support order. However, the Court believes that the person had a legitimate reason or excuse for failure to pay, such as loss of job (being fired, laid off), decrease in income, disability, injured at work, unable to work, medical problems, or a myriad of other excuses or explanations. The judge also may not accept any of the above stated excuses as justification for failure to pay.

A person found to be in technical contempt will not be sentenced to the Adult Correctional Institution (aci) (jail)! However, the person may be ordered to find employment, raise a lump sum, stay current and / or make payments on the arrearage, pay attorneys fees, make certain lump sum payments, obtain a second job etc.

Most Judges have little patience for people who do not support their children. If the person has an excuse for nonpayment it better be a good one or they may find themselves in Jail. The amount of arrears and the person’s history for compliance or noncompliance is often crucial in a judge’s determination! If a person has a long history of  nonpayment then that person has a much higher likelihood to be held in willful contempt.

The more a person owes the more likelihood that the person will be held in willful contempt.

At a hearing the judge will look at all relevant supporting documentation that has been offered into evidence. The judge will almost always ask what the person can pay at that moment or whether they are able to immediately borrow money from friends or family. The Usual Dialogue is – “how much can you come up with to stay out of Jail and how quickly can you pay?” The RI Family Court judge may also be interested in whether a person has assets that he or she can sell.

If a person’s circumstances change then they need to file a motion to modify or suspend their child support rather then not make the payments! Child support does not automatically modify upon circumstances changing. If a modification is granted then the modification will be retroactive to the date of filing of the motion to modify not the date the circumstances actually changed. This does not mean that a person can unilaterally change their child support when they file a motion. It means that the child support will run retroactive after the Family Court issues an order modifying the child support. Therefore, if a person loses their job, becomes disabled, their hours are reduced or their pay decreases they must immediately file a motion to modify.

Child support can only be changed or modified if a motion is filed and an order enters. In many instances the judge’s response to a person’s plea to not hold them in contempt because they lost their job or their income decreased will be something like: “you should have filed a motion to modify or suspend child support when your circumstances changed rather than not pay.”

 
Willful contempt

A finding of willful contempt means that the judge believes that a person is thumbing their nose at the Court or has no reasonable justification for nonpayment. It could result from the judge not believing that the stated excuse for nonpayment is a justifiable excuse. A finding of willful contempt could also mean the following: 1) the person has the ability to pay and has not made payment 2) the person has not made proper efforts to find suitable employment 3) the person is able to work yet either isn’t working,  is underemployed or not making proper efforts to find employment.

The judge may believe that the contempt is willful because the person is lying, exaggerating his excuse or that the person is not acting in good faith.

If a person is found in willful contempt for not paying Rhode Island child support, the person could be sentenced to the aci from day to day. Contempt sanctions are  technically not criminal proceedings! However, since the sanctions could lead to jail time,  they are quasi criminal proceedings. Contempt proceedings are not  technically criminal because they are intended to compel compliance with child support orders rather then punish for nonpayment!

If a person is sentenced to the aci from day to day, then the judge of the Rhode Island Family court will usually state that upon payment of certain amount the person will be released from jail.  In child support contempt proceedings there is always a ticket out of jail by making a certain payment. A person could be held in willful contempt and not be sentenced to the aci.

Legal Notice per Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.

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Rhode Island Lays off more

Rhode Island Jobless Rate Hits 16-year High www.Employmentcrossing.com Rhode Islands recession deepened as employers slashed payrolls for the ninth straight month, according to the Providence Journal. And the Ocean States unemployment rate climbed to 8.8 percent last month, its highest level in 16 years. . Jobs in September shrank by 1300 and the jobless grew to 50200 — the highest on record, according to the state Department of Labor and Training. The state unemployment rate for the last three months has averaged above 8 percent, which prompted state labor officials to offer another round of extended unemployment benefits, expected to begin mid-November. During the last nine months, the state has lost roughly 12600 jobs and the unemployment rate has jumped more than 3 percentage points, from 5.7 percent to 8.8 percent. The latest job numbers come amid reports this week that the national economy is on the brink of a deep recession. Economists have been saying for months that Rhode Island — where the unemployment rate in July and August was the second-highest in the country, behind Michigan — is already in a recession. A recession is generally defined as a prolonged, broad-based decline in economic activity. For more information on jobs in your area, click here.
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Rhode Island Small Business

Rhode Island Small Business

As an employer your goal is to provide your clients with great service, and your staff with a great work enviornment. Finding an inexpensive small business health insurance plan is a way to do both.

Come visit us right here for more info on South Dakota Small Business. We are the greatest source of info on Small Business Insurance Quotes today.
http://Small-Business-Insurance-Quotes.org

It’s a certain well known|n accepted} fact that people who love their jobs perform better at them. Job security and comfort make a contribution to productivity and ingenuity. Happy workers are also more easily retained, being more willing to work thru work-related adversities.

What you have got to do is make a call about the most cost-effective response to your medical care Problems. While a group plan allows for the best coverage for everybody, it can also put a strain on an employer’s pockets.

Group plans are famous for their fast-increasing premiums. Premiums have allegedly risen as much as thirty percent in a year for some little corporations. These kinds of spikes happen for reasons such as older members joining the group, and the year before’s medical activities. Even a 15% increase in an already dear plan can significantly change profit forecasts, and a company’s ability to hire certain workers.

Start by looking around. Use Ehealthinsurance or Netquote to find a provider. Ehealthinsurance is a health insurance broker, not an agent, so it’s focus is on finding the best service for your business. But agents often have more leverage with their employer to get you a great deal. It’s best to do your research and decide. If you do hire your own broker, be sure to check their background.

An alternative way to keep costs down is by instituting a wellness program. Start a weight reduction competition.
Putting out extra money up front will reduce your premiums significantly. You need to also try and pay higher co-pays for doctor visits. This would possibly not be the popular option among people who often visit the doctor, but it may give them encouragement not to go as often . Besides, a frequent visitor is bound make your premiums go up next year.
There are alternatives to a small business health insurance group plan. Are you acquainted with Health Savings Accounts ( HSAs ), FSAs,HRAs, MRAs? These are differing types of accounts used to help companies control their own costs and not be subject to annual premium increases.
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Come visit us right here for more info on Small Business Insurance Providers. We are the greatest source of info on Small Business Insurance Quotes today.
http://Small-Business-Insurance-Quotes.org

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Rhode Island Car Accidents: The Importance Of A Lawyer

Rhode Island Car Accidents: The Importance Of A Lawyer

The US have reportedly over 40,000 fatalities in road accidents every year, 32% of them have been due to alcohol. According to figures released by the US Department of Transportation over 31% of all Rhode Island Car Accidents also occur due to alcohol related incidents.

When an accident occurs, the last think a family thinks about is speaking to a lawyer, the emotional trauma and stress of going through something like this in unimaginable. But the truth is that at this juncture you need a lawyer the most. Any act of wrongful death should be compensated financially by the very entity responsible for the wrongful death.

The first major issue that the grieving family is confronted with is insurance companies. The insurance companies have vested interest and they want to ensure that any settlement is as low as possible, they know under the stress you are going through there would be no possible reaction.

They even try to solicit statements that can have a future impact. In many of Providence Car accidents cases, insurance company’s response has been typical; they always claim that the insurance does not cover the entire expenses (medical and others), therefore only a small amount of money can be delivered. This is when you really need a lawyer.

The Negotiations: Lawyers Credence

The lawyers deal with everything from negotiating with the insurance companies and the defendants for an out of court settlement. The lawyer’s fees aside the financial compensation which will be received in Rhode Island car accident cases is quite substantial.

They ensure that all medical and out of pocket expenses are covered as start to their negotiations. But it is the compensation for emotional trauma, loss of wages and future earnings which they help to secure. It is very important to record everything post the accident. Ensure that all medical expenses are well documented and other miscellaneous expenses have receipts.

Ensure that you do not say anything to insurance companies or other attorneys. It is your lawyer’s job to keep you safe from any such pressure and that you do not make any statement which can harm your case in the future. In many Providence car accidents cases, the lawyers have fought for the plaintiff and won large compensation depending upon the incidents. seriousness.

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Rhode Island : Car Accident Cases

Rhode Island : Car Accident Cases

A car accident can be a life altering event for any family. In Rhode Island Car accidents have reported one of the highest accident rates due to the influence of drugs and alcohol. If you have experienced such an event in Providence then it is best to immediately engage an experienced Providence Car Accidents lawyer.

The shocking event can leave not only the victim but the family in total disarray. Typically a victim of a car accident has both an immediate requirement such medical treatment, medical expenses and dealing with insurance. If by the injury has caused greater harm that has led to job loss or future losses of income then there is of course a lot more on stake.

Car Accident – Litigation Process

The litigation process is not easy and requires a well thought out strategy. Please remember insurance companies and the person responsible for the event will do whatever it takes to limit the compensation or damages filed. Therefore the battle is on two fronts – first dealing and negotiating with insurance companies and second filing a claim for damages against the responsible parties. On both instances you need a highly experienced lawyer who knows about Rhode Island Car Accidents laws.

The other major issue occurs if the person responsible for the accident himself does not have liability insurance. As part of the laws in Rhode Island and many other states, every driver needs to have liability insurance which would be paid to the victim of an accident caused by the insured person. But some states do not enforce this law strictly and often you find people coming to Rhode Island from other states who are then involved in the accident.

In such cases your lawyer has to work diligently and ensure that he is able to negotiate the insurance company for the damages. Or if the defendant belongs to a company then the lawsuit can be filed against the company. In many providence car accidents cases an experienced lawyer has been able to successfully file a case against the defendant but has tried to look for an out of court settlement for the plaintiff which is the fastest way to get compensation.

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Health Insurance Coverage For Spouse After Divorce In Rhode Island

Health Insurance Coverage For Spouse After Divorce In Rhode Island

Rhode Island Has enacted the Rhode Island Health Insurance Continuation act. This act allows a person to remain on their ex-husband or ex-wives health Insurance after Final Judgment of Divorce. Article by Rhode Island Divorce Attorney David Slepkow. 401-437-1100

Unfortunately, this act has been watered down by recent case law out of the Federal Court District of Rhode Island. The case of Duclos v. General Dynamics Corp., 12 E.B.C. (BNA) 2648 (D.R.I. 1990) stands for the proposition that The Rhode Island health Insurance Continuation act is Preempted by ERISA. ERISA is a Federal Statute. Under Common Law, if a federal statute and state statute relate to similar topics, Federal Law may preempt state law. The Federal Preemption Doctrine is “a doctrine in law that allows a federal law to take precedence over or to displace a state law in certain matters of national importance (as interstate commerce)” Dictionary.com

Duclos v. General Dynamics Corp., 12 E.B.C. (BNA) 2648 (D.R.I. 1990) ruled that the “Rhode Island statute requiring certain divorced spouses to be granted continuation health coverage without additional premiums was preempted by ERISA…” Quoted from Charles Shulman, Esq. “EBEC (Employee Benefits / Executive Compensation) Law Update”

Despite the Duclos ruling, many Rhode Island Employers allow an ex spouse to remain on health insurance coverage after Final Judgment of Divorce. Many employers are prohibiting ex spouses from coverage after final Judgment of Divorce relying on the Duclos case. My Understanding is that Blue Cross Blueshield of Rhode Island allows an ex spouse to remain on health insurance after Final Judgment of Divorce.

During the pendency of the divorce, the parties should determine the employers policy and procedures related to continuation of coverage after Final Judgment of Divorce. If possible, they should seek the company policy in writing from the Companies benefits administrator. The Obligations of Rhode Island based companies to comply with the Rhode Island Health Insurance Continuation Act is beyond the scope of this Article.

If a spouse will be remaining on his or her ex spouse’s insurance then the following language should and must be put on the record at the Rhode Island Nominal Divorce Hearing and be memorialized into the Decision Pending Entry of Final Judgment as well as the Final Judgment of Divorce:

“Plaintiff shall provide Defendant with Health Insurance and Dental Insurance pursuant to the Rhode Island Health Insurance Continuation Act.”

This language should be put on the record and memorialized into the Decision Pending and Final Judgment of Divorce even if the employer will be removing the spouse after Final Judgment of Divorce!

The above described language incorporated into the Final Judgment of Divorce is usually interpreted by Judges of The Rhode Island Family Court as meaning the following:

1) If there is an additional expense over and above the cost of a single plan for the ex spouse to remain covered by the health insurance plan then the ex spouse must pay that additional amount or he / she may be removed from the Health Insurance policy.

2) If the person with Health Insurance loses their job, or goes to another employer then the ex spouse will probably lose health Insurance coverage.

3) If either party (husband or wife) remarries than the ex spouse may lose Health Insurance coverage.

It is usually a good idea to specifically put on the record at the nominal divorce hearing, that the ex spouse is required to pay any additional premium over and above the cost of a Single Plan or they will be removed from the insurance. These issues can get confusing if the cost for a family plan includes the children and there is no additional expense for the spouse. Please consult with a Rhode Island Divorce Lawyer about these issues.

The Rhode Island Health Insurance Continuation Act R.I.G.L § 27-20.4-1 states:

“In the event of a final judgment of divorce, whether absolute or otherwise, where one party to the divorce was at the time of the entry of the judgment for divorce a member of a health plan providing family coverage * * * the person who was the spouse of the party prior to the entry of judgment for divorce may remain eligible for continuing benefits under the plan and health maintenance organization without additional premium or examination if the order is included in the judgment when entered. The eligibility shall continue as long as the original member is a participant in the plan or health maintenance organization and until either one of the following shall take place: (1) the remarriage of either party to the divorce, or (2) until a time as provided by the judgment for divorce. If the person [eligible for continuing health care benefits] * * *becomes eligible to participate in a comparable plan or health maintenance organization through his or her own employment, the continuation of the original plan coverage shall cease.” Section
27-20.4-1(a). (Emphasis added.)

The Rhode Island Supreme Court interpreted the Rhode Island Health Insurance continuation act in L’Heureux v. L’Heureux: “The clear and unambiguous language of § 27-20.4-1 requires that health insurance benefits, when provided for in a final decree of divorce, continue at no cost to the former spouse of the party participating in the plan as long as the plan participant is still a member of the plan and until (1) either party remarries, or (2) a time provided by the judgment of divorce. Furthermore, the continuation of the original plan coverage shall cease when the former spouse becomes eligible to participate in a comparable health plan through his or her own employment.”

What are some of the health insurance options available to ex spouses after Final Judgment of Divorce in Rhode Island?

COBRA Heath Insurance may be a worthwhile option for Ex Spouses after Final judgment of Divorce.”Under COBRA, employers must offer the option of continued health insurance coverage at group rates to qualified employees and their families who are faced with loss of coverage due to certain events.” CRS Report for Congress Health Insurance Continuation Coverage march 2005 “… When the qualifying event, however, is a covered employee’s divorce or legal separation, COBRA coverage lasts for thirty-six months.”

“COBRA provides that employers who provide their employees with medical coverage must provide continuation coverage to employees and their families who would otherwise lose coverage under the employer’s plan as a result of a qualifying event. Qualifying events include: (a) a covered employee’s divorce or legal separation….Once a qualifying event occurs, the covered employee, his or her spouse, or dependents seeking COBRA coverage must elect such coverage within 60 days of the occurrence of the qualifying event and must pay the required premiums.” Marsha Zolla, Healthcare and family Law

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Tom Tancredo gets a Rhode Island Welcome

Anti-Immigrant Congressman Tom Tancedo, after getting denied the chance to speak at Providence College, gets a nice, warm, friendly, Rhode Island welcome by folks in the community of Pawtucket.

A video created by the RI Film & TV Office outlining some of the arguments in support of a Tax Credit for film production in the state of Rhode Island.
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Why Divorce Trials Are Nearly Extinct In Rhode Island By A Divorce Lawyer

Why Divorce Trials Are Nearly Extinct In Rhode Island By A Divorce Lawyer

Why are there so few Divorce Trials in Rhode Island?

If you visit Providence Family Court for an entire month walking from Courtroom to Courtroom you probably will not see one divorce trial. If you are lucky you will see 1 or 2 Rhode Island Divorce Trials. Of those 1 or 2 divorce trials the likelihood of the trial actually being completed with a Rhode Island Family Court Judge issuing a decision is very small. Article by Rhode Island Divorce Lawyer, David Slepkow (401) 437 1100

Why are there so few Divorce Trials in Rhode Island Family Court? If there are thousands of cases filed in Rhode Island Family Court, why are there so few trials?
Divorce trials are very different from divorce hearings. A hearing is when a judge takes testimony or hears arguments from counsel about pretrial matters such as Child Custody, Child Support, Child Visitation, Contempt, Restraining Orders, Discovery motions, Motions to Modify Child Support, Temporary Alimony etc.

Divorce hearings occur much more frequently than divorce trials. If you are visiting Court and see someone testifying it is most likely a hearing or a nominal hearing rather than a divorce trial. When the parties reach a settlement pursuant to Rhode Island Law there must be a brief “nominal” hearing in which the parties must testify. This type of hearing is a formality.

There are a myriad of reasons for the miniscule amount of Rhode Island Divorce Trials. A fundamental “culture” and practice has evolved over decades in Rhode Island Family Court which is premised on encouraging out of Court settlements both directly and indirectly. In some instances, the pressure for a settlement is direct from the Trial Judge. In other instances, the parties perceive that if they are the person who is perceived as being unreasonable that there will be some sort of penalty or adverse ruling at trial. Often that perception is just a perception rather than a reality. Sometimes the perception is a reality.

In some ways, a divorce trial is viewed by the Court as a breakdown of the system because the entire process is premised around parties reaching a settlement prior to trial.
The system in itself tends to wear the parties down to the point that they feel they have no other realistic option but to settle. Parties can be worn down both emotionally and financially by the Rhode Island Family Court process.

As far as equitable division of Assets in a Rhode Island Divorce is concerned, there is usually no absolute winners and losers. In a Rhode Island Contract or Personal Injury case that goes to trial, there is usually a winner and loser. In a Rhode Island Criminal Trial, the accused is either guilty or not guilty after trial. In a Divorce Trial, the Judge attempts to fashion an equitable solution to divide assets. In other words, if you cannot settle your divorce there will be a quasi settlement imposed by the judge after hearing testimony.

A seasoned and experienced Rhode Island Divorce Lawyer often has a general idea as to the outcome of the divorce trial. Many cases settle because the attorney informs their client that they cannot in all likelihood do better at trial and may do a lot worse.

How do parties get worn down to the point of settlement?

There are often many Court dates prior to the Divorce Trial that involve waiting hours to have motions or pretrial conferences resolved. Cases are often continued for various reasons including the calendars of Lawyers, the litigants and the Judges. Some cases are continued because more information or documents are needed or more time is needed for various reasons.

There are often frequent review dates to determine the progress of certain orders. For example, in a divorce involving Visitation or Child Custody issues, the Family Court may hold frequent review dates to determine the progress and compliance with a visitations schedule. If a person is not paying child support on a timely basis or is falling behind on child support, there may be frequent review dates to insure compliance with Rhode Island Child Support Court orders.

in contentious Divorce cases, the parties through their Rhode Island Divorce lawyers often file frequent motions concerning, Child Custody, Child Support, Child Visitation, Restraining Orders and the disposition of Marital assets.

There are often frequent pretrial conferences in which the judge attempts to facilitate a settlement or helps the parties find a middle ground towards settlement.

The Rhode Island Family Court process can wreak havoc on a litigants work schedule causing their employer to become disappointed. Some people lose their job as a result of frequent Rhode Island Family Court appearances. Some people lose income as a result of the Rhode Island Divorce process.

Many people lose a sense of their dignity going through the sometimes contentious, confusing and unpredictable divorce process. There is one fundamental truth in Rhode Island Family Court. Everyone must go through a similar process irrespective or race, gender and socioeconomic class.

Usually in contested Rhode Island Divorce cases, the only thing that is predictable is the unpredictable nature of Rhode Island Family Court.

Attorney fees can become too expensive for a party to afford. Expensive Attorneys fees may be caused by frequent lengthy Court Dates, waiting in Court, the time and expense of answering discovery and preparing for the trial.

In some cases when one spouse has more resources then the other spouse they may try to drive up the other spouse’ attorney fees to essentially force them into settlement. This is very unfair but it is the real world of divorce in Rhode Island (RI).

The trial Judge often will make every effort to encourage the husband and wife to come to a settlement prior to starting a trial. Some judges will require mediation by the Court appointed Mediators. Other Judges will require the parties to essentially lock themselves in a conference room with their lawyers in the Courthouse for a day or perhaps several days until they reach a settlement. Negotiating in the Courthouse prior to trial and mediation may be time consuming and expensive for the parties.

It is very expensive and time consuming endeavor for a Rhode Island Divorce Attorney to prepare for a Divorce Trial. Parties often want to curtail the amount of trial preparation because of the expense. A Rhode Island Divorce Lawyer must prepare testimony for all witnesses they intend to call to testify in the proceeding. the Attorney must prepare cross examinations of all opposing witnesses, prepare exhibits, prepare opening and closing statements. The Lawyer must also be prepared to argue motions as well as draft an extensive pretrial memorandum etc. Many clients do not want to pay the additional expense for their Attorneys’ trial preparation and would rather settle.

Divorce trials are not similar to the trials that you see on television. Often judges have many other matters on the calendar on the day the divorce trial is scheduled. In Many instances, the divorce trial will not start until after 11am. It is not unusual for the court to allow only 2 hours a day for the actual trial. Sometimes the Court will hear less than 2 hours of trial testimony in a day. Therefore a trial can take many days to complete. Some Trials take weeks or months to complete.

Let’s take a look at the various Counties in Rhode Island. Newport Family Court has 1 judge hearing divorce trials. That Judge is also responsible to hear and decide all Family Court matters in Newport County Family Court including Child Support, Divorce, Child Custody, Restraining orders etc. On most days the Judge must resolve all matters scheduled for that day. The Judge cannot cancel all other important family Court business in order to hear a trial in Newport. The Judge must fit the trial into his or her schedule. This usually means that the trial will start after all of the courts business is resolved for that day. Newport County Includes Newport RI, Middletown, Portsmouth and Tiverton.

Kent County has 2 judges handling Divorce, Child Custody, Visitation and Family Court matters. Kent County Family Court includes Warwick, East Greenwich, Coventry and North Kingston. Washington County Family Court has 1 judge hearing Divorce, Post Divorce Motions, Child Custody, Child support, Adoptions and Family Court matters. Washington county Family Court includes Wakefield, South Kingston and Narragansett etc.

Providence County Family Court includes Providence, Pawtucket, Barrington, Bristol, Warren, East Providence, Cumberland etc.

Why does the system “wear down” divorce litigants?

The Court system is overburdened and judges have many cases on the docket on a given day. If every case went to trial the system would break down. If a substantial percent of cases went to a divorce trial the system would break down. The family Court Lacks the Judges and resources to have too many cases go to trial.

The Court does not tell you it is trying to wear you down. The Judges may not intend to wear you down. However, the entire process has the practical effect of wearing parties down until they feel that they must settle to cut their losses.

Even though some parties do not want to settle their divorce, they fear that going to trial will be a loss of control. The loss of control is essentially allowing the Trial judge to make decisions rather than the parties agreeing to negotiated solution controlled by the parties. In a mediated / negotiated resolution, the parties have some control over the outcome even though they may be in some ways dissatisfied. Rhode Island Divorce Lawyers often encourage settlement so long as the settlement is fair to the clients under the circumstances.

There is often pressure from the Trial Court Judge both direct and indirect to resolve the matter short of trial. All Judges want to settle cases! Judges rarely want to hear divorce trials.

It is not unusual for a case to go to the day of trial yet settle before the trial starts. Why does this happen? This phenomenon is often caused by clients and their lawyers attempting to get leverage to obtain the best settlement possible. There is obviously gamesmanship inherent in negotiations. Contentious Cases tend to settle immediately before a trial starts. Both sides are essentially driving at each other at 100 miles an hour but one or both usually veer at the last second to avert a collision.   What is the solution to this problem? The only real solution is to settle your divorce in a manner that is fair and equitable and in your best interests under the circumstances and protects your legal rights. Sometimes this is easier said than done!  

Rhode Island Attorneys legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice.

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