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Providence Divorce Law Blog

What are the best interests of the child regarding custody?

The divorce process requires people to make many decisions. When couples in Rhode Island determine that filing for divorce is their best option, the lives of the spouses are not the only ones impacted by. If children are involved, numerous choices must be made regarding the lives of the children post divorce and their best interests should be fulfilled when devising a child custody plan.

What are the best interests of the child regarding custody? This means that the ultimate goal of fostering and encouraging the happiness, mental health and emotional development of the child is the focus of the decisions made regarding the custody and visitation plans for the child or children.

Understanding the increase in divorce filings in January

For many residents in Rhode Island, The start of the new year means initiating resolutions such as eating healthy and working out, but others choose to initiate other life changes. For some married couples, the beginning of a new year seems to be the opportune time to file for divorce. In fact the month of January is known throughout the nation as divorce month due to the increase in filings for dissolution.

In a recent analysis of national filings between 2008 and 2011, there is a spike in filings and they do not reach their peak until late March. One of the reasons for this trend is the emotional inventory that spouses tend to naturally make at the end of the year. In addition, the new year is an opportunity to act on their findings.

The importance of calculating parenting time for child custody

When parents divorce, one topic that they cannot avoid is custody of their children. The circumstances of the marriage, the divorce process and the post-divorce plans could impact child custody arrangements and divorcing parents should work to develop a plan that focuses on the needs and best interests of the child.

There are various tools and methods divorcing or divorced parents in Rhode Island can use to devise a parenting time schedule. This not only ensures that an order is complied with but also the parenting time is fair and accurate.

Property interests and valuation issues in high-asset divorces

Rhode Island couples who have gone through a divorce would probably not describe it as a cakewalk. Rather, it is often labeled as an emotional and mentally exhausting event that could impact the lives of the former spouses for years. When you add a complex asset division to the pot, the dissolution process evolves into a situation filled with disputes about the division of marital assets. In these situations, it is best that both spouses understand their rights and options in order to better navigate the high-asset divorce.

Due to the level of intensity, emotions and disputes or drama that often occur in a high-asset divorce, it is not uncommon for spouses to act irrational or make unintentional financial errors. While common, these factors or errors could result in countering their own interests or even costing them greatly. This could either lead to post-divorce issues or a spouse losing their property interests in an asset or property they sought to receive in the settlement.

The importance of establishing a child custody arrangement

From birth until adulthood, parents are often the ones who make major decisions regarding the life of their child. Whether it is where they live, what school they attend or what extracurricular activities they are involved in, these details can seriously impact the life of the child. Furthermore, these decisions are frequently altered and impacted when parents divorce. Our Rhode Island law firm understands the challenges dissolution presents and how the process can disrupt a child's life. This might lead some parents to spend much time devising a parenting plan that best suits the needs of the children.

In some cases, one parent takes on the role as custodial parent. In these cases, the non-custodial parent might have to pay child support. In addition, the noncustodial parent may want visitation with the child.

Are there tax implications when dividing property in a divorce?

When a relationship ends, the couple will usually have to go through the process to divvy up the belongings each brought into the relationship. This process is much more complex when a marriage ends. Divorcing couples in Rhode Island and elsewhere in the nation must face marital property distribution at some point in the dissolution process. During the property-division stage, spouses should consider what tax implications exist and how it could impact the process.

Are there tax implications when dividing property in a divorce? Because the property division process could lead to post-divorce tax surprises, some divorcing couples might consider help from a financial advisor. A CPA could serve two essential roles. First, they could help locate all assets and liabilities associated with the marital property. Second, they could apply their tax knowledge and expertise when making a plan to separate marital assets.

Child custody and examples of celebrity co-parenting

No matter the time of year, the age of the spouses or the length of the marriage, divorce is a difficult process to initiate and go through. Residents in Rhode Island are often aware of celebrity divorces, reading about the details of their messy public dissolution in media sources. While some may find these to be interesting stories, the fact of the matter is that these couples are dealing with very real issues, especially those with children struggling to reach a child custody agreement.

While the concept of conscious uncoupling entered the public lexicon when Gwyneth Paltrow divorced, currently many celebrity couples are not following in her footsteps. In fact, many are using their split as a form of payback. When divorcing parents take out their aggression and built-up resentment on their former spouse, they are not only hurting the divorce process, they are hurting their children.

Protecting a business in a high asset divorce

These days, it is not uncommon for individuals to bring a business into a marriage in Rhode Island and other states across the nation. When this occurs, it is important that both spouses take action to ensure asset protection in the event of a divorce. Failure to do so could lead to a complex asset divorce that could be very timely and costly for both spouses.

In order to address the needs and protection of business assets in the event of a divorce, soon-to-be married couples and spouses can take various steps. First, a prenuptial agreement could be drafted. This legal document helps spell out what belongs to each spouse and who gets what in the divorce. If a couple is already married when they start a business, a postnuptial agreement could be drafted to address the same concerns.

What rules in Rhode Island cover child support modification?

What rules in Rhode Island coverchild support modification? Chapter 15-5 covers divorce and separation in the state of Rhode Island and section 15-5-16.7 lays out the law regarding the review of child support order. First, this section relies on an order being valid and enforceable pursuant to the Rhode Island state plan for child support enforcement, which is defined in section 15-16-5(a).

If a child support arrangement is valid and enforceable, every three years from the date it was established or last modified, the order is reviewed by either the request of the state or by either parent. If it is found appropriate, the child support order could be adjusted in accordance to the guidelines of the state. This occurs when a review verifies that the support currently being paid differs from the amount that would currently be awarded based on the guidelines.

Budgeting tips for divorced parents receiving child support

Parents in Rhode Island understand the costs associated with raising a child. While most families are able to meet the financial needs of their child or children, single and divorced parents often find it challenging. When a custodial parent is the primary caregiver for a child, they often seek child support from the noncustodial parent in order to cover the necessary costs associated with raising the child.

While receiving child support in important, divorced parents should consider additional financial steps. Some simple budgeting strategies could ensure financial stability and proper care and upbringing for their child.

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