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Providence Divorce Law Blog

Addressing child support issues in Rhode Island

There are many obligations when it comes to parenting. These responsibilities extend beyond marriage, and in when a couple divorces, it is important to address the needs of the child or children. Our firm understands that dealing with divorce issues can be challenging for Rhode Island parents, but it is important that they take the time to consider the needs and interests of their child. This is especially true when it comes to devising a child support payment plan.

During dissolution and post-divorce often means dealing with financial issues. Paying for divorce, dividing property and allocating support payments can make it difficult to acclimate to their new post-divorce life. While a couple or the court can establish the need for child support, it could be challenging to make all or some of these monthly payments.

What factors are considered when awarding alimony?

It is not rare for divorcing couples to consider finances during the process. For some, their monetary worries do not end when a divorce settlement is reached. In some cases, alimony is awarded and an ex-spouse might be required to pay spousal support for a specific duration. Reaching the terms for alimony is not only determined by the agreement formed by the divorcing couple but other factors help designate the details of the arrangement. State laws lay out these guidelines, which are used to determine the amount and length of alimony.

In Rhode Island, if alimony is included in dissolution, couples can turn to the state regulation that lays out the terms surrounding spousal support. In order to determine how much alimony should be paid each month, the court will consider the length of the marriage, the conduct of both spouses during the marriage, the liabilities and needs of each spouse as well as their health, age, occupation, income, skills and employability.

What constitutes substantial change in circumstances?

When parents divorce in Rhode Island, they face many decisions revolving around their children. In most situations, this means establishing custody and any financial support that needs to be made to the other parent. Whether it is joint custody or one parent has sole or primary custody, child support can be a major issue to tackle in dissolution. Even when child support payment is established, there might be reasons to alter the amount and length of these payments. In most cases, this occurs when a substantial change in circumstances happens.

Parents who seek child support modification will often note that a substantial change in circumstances occurred. This often means that they are unable to make child support payments. Whether this is due to unemployment, underemployment or financial problems, if a parent is unable to make a payment in full, they should file for modification. Seeking modification will help them avoid penalties while also allowing them to pay a more reasonable amount each month without halting child support payments.

How to sort through property during a divorce in Rhode Island

There are numerous important issues that need to be addressed during a divorce. Whether it is a simple and amicable dissolution or one that is very detailed and complex, one step a divorcing couple cannot get away from is property division. The assets and property involved in the marriage must be sorted through and divided among the divorcing spouses. While this process can be straight forward, some couples find it difficult to reach an agreement. This is why it is important to understand how to sort through marital property and separate property.

In the state of Rhode Island, equitable division controls the property division for the divorcing couple. This means that a fair division of the property and assets involved in the marriage is achieved. In most cases, this does not mean that the marital property is split in half, but rather a certain percentage of the property is awarded to each spouse. This is why obtaining a full financial picture and listing all assets and property is crucial.

What are the different types of child custody arrangements?

The divorce process is often a difficulty reality to accept. For some parents in Rhode Island, reaching major resolutions concerning their children could be challenging. Their choices might seriously impact the lives of their children and could affect their personal relationship with their child or children. While divorcing parents cannot avoid deciding on a child custody agreement, they can determine what type of child custody works best for them and is in the best interest of the child.

When dealing with custody issues, parents should first understand what types and options they might have. First, parents should know the difference between physical custody and legal custody. While physical custody affords a parent with the right to have their child or children live with them, legal custody provides the parent with the ability to make decisions about their child and their education, health and upbringing.

Requesting alimony during dissolution in Rhode Island

Moving on after a split can be challenging for some divorcing couples. Our firm understands that couples in Rhode Island going through the dissolution process encounter numerous decisions. For some, it is not only important to discuss who gets what while they sort through their marital assets and property, but also crucial to consider financial support. Some spouses will require spousal support following dissolution; requesting alimony during the divorce process could help them maintain their lifestyle post-divorce.

Those seeking spousal support following dissolution should understand there are some factors that will determine whether they could receive support payments. If alimony is found to be appropriate, these payments could be limited in amount and duration, which are often affected by the length of the marriage, the disparity in incomes between the spouses, the earning capacity of each spouse, how property was divided during dissolution and any other actions taken during the marriage and divorce process.

Protecting inheritances and gifts during RI property division

When married couples in Rhode Island consider their major assets and property, they should be able to establish the ownership of it. During dissolution, this task is rather daunting, and the complexity of property division could lead to a very complicated and lengthy divorce. While the divorcing couple battles over whether an asset is considered marital property or separate property, they could lose focus on other details of the divorce process. This is why it is important that each spouse takes the time to get a full financial picture of their marriage, so they can reach a fair and timely divorce settlement.

During dissolution, it is not only important to establish who needs what property or asset, but it is also crucial to establish what rightfully belongs to each spouse. With regards to gifts and inheritances, it is important to determine whether these items are in fact separate property and will remain with the spouse they were given.

What is the best interest test in a RI child custody case?

When parents in Rhode Island deal with marital problems, they often face several challenging decisions. For some, this might mean deciding whether or not to stay together. Filing for divorce could be one of the most difficult choices to make. It not only means the end of their marriage, but also means changing the dynamics of their relationship with their child or children. When determining a child custody arrangement, parents should understand how to keep the focus on the child and their needs during the process.

Divorcing parents often hear about the best interest of the child test, but they are unsure how it could be used to benefit everyone involved in a child custody arrangement. Using the best interests test means that all decisions and agreements are based on the ultimate goal of encouraging the happiness, security, mental health and emotional wellbeing of the child. Determining how best to promote and maintain these goals might be challenging and could lead to several disputes among the divorcing or divorced parents.

The importance of reporting alimony in tax returns

The end of a marriage means many changes. For some divorcing couples in Rhode Island, dealing with finances post-divorce can be challenging. In some instances, a spouse was very reliant on the income of their ex-spouse. After dissolution, they are still relying on their spouse for financial support to maintain the same lifestyle that they had during the marriage. In order to continue their standard of living, spouses will often request alimony in the divorce process.

While receiving spousal support is essential for some divorced spouses, a recent report discussed the reasons why there are discrepancies between the amounts reported on tax returns by the payers and the recipients of alimony. For many, it is tough to comprehend how the same amount is not written down, but nearly half of the corresponding returns did not match in a report of the 2010 returns. Out of the 266,190 unmatched returns, further examination commenced on 10,870 cases. This eventually led to even further investigation of around 2,000 cases.

Dealing with a child support arrangement in Rhode Island

There are many financial decisions to make during a marriage as well as at the end of the couple's union. When children are involved, understanding their needs will help establish how much child support is required. While a child support arrangement designates how much money is owed each month to the custodial parent, certain events could require modification or adjustments to the payment plan. Understanding when this can occur could help parents handle any current or future issues involving child support.

When divorcing parents in Rhode Island reach a divorce settlement, this means that all their divorce issues are finalized, including decisions regarding child custody and visitation. The details of the custody or visitation agreement will often impact any arrangements regarding child support. To initiate and enroll in the Child Support Services computer system in the state, Rhode Island parents must pay a twenty-dollar fee. Once this occurs, then all of their child support issues will be handled through the website.

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