As a Rhode Island lawyer choosing to focus my practice on divorce and family law I've had the opportunity to witness some inconsistencies in the divorce and family law process. Perhaps you're surprised, perhaps not. Yet it you're not aware of these inconsistencies before you walk into the Rhode Island Family Court, then you may be in for a rude awakening.
So let's be sure you're informed about your divorce.
1) Different Rhode Island judges give you different results.
All it takes is one example to grasp this little divorce twist. Judge A in sits in Courtroom 5A. Judge C sits in Courtroom 5C two doors down. Both judges will be hearing a Motion to Modify Child Support today.
Before Judge A is a father of two girls, he works an average of 35 hours of overtime per week as a firefighter. The children's mother has filed a Motion to Modify Child Support upward.
Before Judge C is the father of a little boy and girl who works about 37 hours per week of overtime as a television station director. Likewise, the mother of the children has filed a Motion to Modify Child Support upward.
Both fathers have roughly the same base income.
The hearings are held in each courtroom. The father in Courtroom 5A comes out with a much smaller child support order than the father in Courtroom 5C despite the similarity of their circumstances.
The father before Judge C ended up with a greater child support payment because Judge C believes that regular overtime income should be considered when calculating child support. Judge A does not believe that any time over forty (40) hours should be considered in child support calculations.
Same court, same court house, same system of justice completely different and inconsistent results.
If you were scheduled to be in Courtroom 5A and then due to an illness you were shifted to Courtroom 5C, would you be upset?
Would it make a difference if you were the mother as to which court you'd want to be in?
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