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Providence Divorce Law Blog

How to address failed child support payments

Most parents in Rhode Island will agree that raising a child can be expensive. For a single parent, the process can seem even financially troublesome. Following a divorce, it is common to set up a child support payment plan. This is especially true for situations where one parent takes primary or sole custody. If the non-custodial parent is required to pay child support, these payments are used to cover the financial needs of the child.

But what happens if a parent is unable to make child support payments or refuses to make these payments? This can present a very difficult situation for everyone involved and could lead to a serious situation for the parent failing to make child support payments.

Important steps to take during a high-asset divorce

Whether a spouse's wealth accumulated before or during marriage, dealing with this wealth is a necessary step at the end of a marriage. A high-asset divorce in Rhode Island often means dealing with substantial assets and property. For some, a prenuptial agreement has been drafted for this exact situation. For others, spouses might have forgone this process, making asset division very lengthy and sometimes challenging. Our law firm understands that it is not an easy task to go through. Divorcing spouses should understand important steps to take to better the situation, while also ensuring a fair property division agreement is reached.

With high-asset divorces this often means a complex asset division. Depending on whether a prenuptial or postnuptial agreement was involved in the union, a couple might be forced to sort through millions of dollars worth of property and assets. In these matters, it is important to understand if a piece of property or asset is considered marital property or separate property.

When is a spouse awarded temporary alimony?

Money is often a major factor during dissolution and the post-divorce life of a spouse. A newly divorced person might have concerns regarding their ability to be self-supporting. In order to ensure that the person is able to meet their financial needs following the end of a marriage, a spouse might request alimony. But depending on their source of income and the income of their ex, a spouse may only be awarded spousal support for a limited amount of time.

When is a spouse awarded temporary alimony? According to Rhode Island state statutes, there are four factors that help determine whether alimony will be awarded, and if it is, how long it will be paid.

Navigating the property division process during dissolution

Divorce is a life event that many people work hard to put in their past. While it is a difficult time to go through, it should not be a process to rush or quickly get through. The details of dissolution often impact the post-divorce life of both spouses, and Rhode Island couples going through a divorce should ensure they take the time to address their needs, especially when it comes to the division of marital property.

Property division can seem like an overwhelming and dispute-filled process, but it is one that should not be taken lightly. This is especially true when spouses have various types of property and assets to sift through. Not taking the time to divide all marital assets could mean failing to address assets, property and even debts.

Court orders actress Tasha Smith to pay $7,000 a month in alimony

Residents in Rhode Island understand that a celebrity or high-profile divorce often includes numerous divorce legal issues and disputes. These divorcing couples are not only attempting to work through their complex divorce problems but they are also doing it in the public eye, potentially creating or adding additional issues. A common dispute among celebrity spouses is alimony. In cases where one spouse made a higher income, the other spouse might request financial support for their post-divorce life.

The ugly divorce of actress Tasha Smith and Keith Douglas has been well documented by the media over the last year. Reports indicate that their messy divorce included restraining orders field by both parties, accusations of extramarital affairs and disputes relating to alimony. According to recent reports, Smith was ordered to pay spousal support to Douglas. According to the court order, Smith is now required to pay $7,000 a month in alimony to her ex-husband.

What is a simple property division?

Whether a Rhode Island couple has been married for several decades or only a few months, the couple has a combination of and accumulation of assets and property. If the couple were to split or divorce, it is important to understand how to address any issues regarding the division of property. While some divorces can get messy and complex, if a couple does not have much property to divide between them, they might want to consider a simple property division.

What is a simple property division? It is a process that could be utilized by divorcing couples that do not have much marital property to divide between them. It also helps itemize what property is involved in the process so it can be assessed and an amicable agreement could be reached.

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In a case of first impression, the Rhode Island Supreme Court has vacated a lower court ruling and remanded the case for a new trial, where three documents, consisting of two printouts purporting to be from a web page and one email were incorrectly admitted as evidence. The Supreme Court so held based, in part, on a lack of authentication of the records.

Increase of shared or joint custody arrangements post-divorce

A recent blog post highlighted the obstacles facing parents when they seek equal custody of their children. While devising a plan that is 50-50 between both parents might be challenging and not necessarily in the best interests of their children, divorcing parents in Rhode Island should not let that prevent them from reaching an amicable shared parenting agreement.

Over the years, there have been opponents against laws that award custody to one parent. Although there are some situations that call for such a ruling, such as abuse and substance addictions, these advocates for shared parenting laws suggest that judges need the flexibility to determine a child custody arrangement that reflects that best interests of the children.

Protecting assets in dissolution with an asset protection trust

Although married couples and those planning to get married do not like to consider the reality that one day their union could end in divorce, it is a rational event to consider. This is especially true for those spouses or couples with a lot of wealth and intended inheritances. While documents such as prenuptial and postnuptial agreements can help spouses protect their assets and property, there are other methods for asset, property and inheritance protection.

An asset protection trust is an estate planning tool that helps a spouse protect their property for their use and benefit while also providing protection for the future use and benefits for family members and beneficiaries. Simply put, this trust ensures that divorce does not interfere with the use and intentions of personal and marital assets and property.

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