Rhode Island Divorce Tips

Alimony is an award that is made by the court ordering one spouse to pay the other spouse monies for that spouse's own maintenance and benefit.  Typically it is awarded to one spouse who hasn't been out in the workforce for several years and has no skills transferable to the working marketplace.

Specifically Alimony is set forth in R.I. General Laws 15-5-16 which extensively identifies the criteria the court may consider and the criteria the court must consider when making alimony awards.  It is set out here ,in pertinent part, as to alimony for the convenience of all readers.

§ 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.

    On various occasions I've noted that attorneys equate an "education" with the ability to get a job in the marketplace or to continue maintenance of their life after divorce without assistance, simply because a spouse may have an associate's degree or a college degree.  This analogy doesn't quite work however.  It could well be that, as in most cases, the wife would forego opportunities for jobs and education either to raise a child or because it was necessary to be a homemaker or even because that is what the husband wanted.

     If you are a wife considering divorce or are already in the process of divorce and your income either is non-existent or is dwarfed by your husband's and you do not already have a professional job with obvious prospects for advancement, it is a good idea to put together a rehabilitation plan designed to improve your skills and get you into a marketable area of the workforce with a realistically projected time frame in which you can achieve definite goals.  Upon doing so, you will have at least an arguable basis that you are (or should be) entitled to rehabilitative alimony.   

<p>Authored by:</p>

<p><a href="http://www.chrispearsall.com/">Christopher A. Pearsall, Esquire</a><br /><a href="http://www.pearsall-law-associates.com">PEARSALL LAW ASSOCIATES</a><br />571 Pontiac Avenue<br />Cranston, RI&nbsp; 02910<br />Phone:&nbsp; (401) 354-2369</p>

<p>

NOTE:&nbsp; The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.&nbsp; This site is presented for the convenience of the internet public.</p>

<p>* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.</p>

Most clients can be fairly level headed when it comes to their divorce.  Yet there are a few that roll off the apple cart every now and then and rather than chalk it up to a bumpy road, they'd rather shoot the poor guy who is trying to navigate the apple cart around the bumps in the road.

The intention of this article is to help those who'd rather shoot the poor guy to do something a bit more productive, namely, to see the forest for the trees.

Yet let me be more direct for the sake of time.  One complaint clients have is that their attorney costs too much or that their divorce was far more costly than it needed to be.

One problem that I ran into with a client was what I call "Cluster Calling".  This client would call me at least every other day with an average of two to three calls per pay.  Each call averaged perhaps about 15 minutes.  This lasted for 6 1/2 months (including weekends).

Now I understand that some people want information faster and don't want to wait for a letter and a stamp.  Further I understand that some clients want to hear from their attorney personally rather than by an impersonal letter and therefore they are constantly calling to get updates, to tell of new developments, and to give other details which may not be pertinent to the case at all even though the client thinks they do.

Yet Cluster Calling has had two effects that I've witnessed in practice.  First, the more telephone contact you have with your Rhode Island Attorney, the more you see him or her as a "friend" and not as your hired counselor.  Therefore the time you are on the phone with your "friend" is seen as de-valued in the eyes of the client.

Second, because the Rhode Island Attorney is perhaps sitting in a chair in his office or driving in his car and is only using his or her voice to speak with the client, he may be be seen as not really practicing law and therefore again the attorneys' time is de-valued in the client's eyes.

This leads to a clear issue and sometimes a confrontation between client and attorney that really does not need to happen.  When the client gets the bill, there may be outrage at all the charges for the phone calls and time spent talking to the attorney. 

Two things can help prevent this. (1) It can be reasonably explained to the client that the attorneys services are his or her time and that the client gets the benefit of those services on whatever the issue is, whenever the client calls and that the attorney has no control over how indepth the call is or whether the client is just calling to "vent".  Hopefully, the client will understand that it wasn't the attorney's desire to raise the bill, but that it was what occurred when the client continued to call the attorney on his or her case.  Most clients will agree that it would not be reasonable for the attorney's clients to take the position that the attorney can't bill for phone calls made and received.  (2)  The attorney can make it clear at the time he or she was retained that phone calls are something that is billed to the client.  Specifically, the attorney can explain that if the client calls frequently the bill will rise more quickly but if the matters to be discussed are not urgent, perhaps it might be best to wait until the client has multiple reasons to call before calling the attorney.  Most clients will see this in a positive light and appreciate that you are trying to keep their costs down.

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

When negotiating a Marital Settlement Agreement the issue of College is sometimes raised.  More consistently than not, the mother will advocate for a clause that requires both parents to contribute an equal amount of money for college expenses to the minor child or children.  Less often it is the mother of the child or children more or less demanding that the father contribute a specific amount to the college education of each child.

It can be frustrating for the parties when one party won't let go of the college support issue and is trying to use it as a "deal breaker' or we simply have no settlement.

No doubt each party will make his or her choice, with or without the advice of counsel, but it is important for both mother and father to know that Rhode Island Domestic Relations law does not require a parent to pay for post-secondary school, including colleges, universities, trade schools, etc...

A good divorce lawyer will help you address this in the manner that is acceptable to you, without being brow beaten by something your spouse wants that couldn't be ordered even after a full divorce trial.

Strangely, this because a topic of contention on my blog.   Some commenting advocates criticized the law in some comments calling the law inconsistent with college application forms.  It is certainly understandable where the contradiction could be seen when the federal student aid financial form requires the incomes of both parents in order to determine an applicant's eligibility for student loans and possible grants.  Why is this?  Because there is an expectation by the federal government who may back the federal grants or student aid programs that BOTH parents will make a contribution toward the son or daughter's education.  In that light you can certainly understand how juxtapposed the federal system is with the Rhode Island state law.

Still others had a contrary point.  Not everyone goes to college and not everyone wants to go to college or would ever have the means to go to college even if both parents make the best contribution they could make.  In otherwords, why should Rhode Island law require either parent to pay for an expense that isn't necessary for survival.  The counter point also indicates that most applicants for college are 18 and immature.  They simply do not absorb the information, nor do they appreciate what they learn, especially if they aren't paying for the education.

It makes one wonder as to each parent's mindset.   Is college a right?  A privilege?  Or a necessity?

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

Atty Chris Pearsall

Authored By:  Christopher Pearsall, RI Divorce Attorney
a.k.a.  " The Rhode Island Divorce Coach ℠ "

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On November 1, 2007, new Rhode Island Child Support Guidelines went into effect.  These guidelines take into consideration the cost of living and changes in lifestyles, educational costs and other economic considerations since the last set of guidelines were released in 2002.

Essentially you should know that the manner in which child support is calculated has remained the same but the numbers have, of course, increased.

Those who currently pay child support under the 2002 Rhode Island Child Support Guidelines (and especially under the prior guidelines before that) should think long and hard before considering whether it is financially beneficial to modify your child support.   In some instances it may not even be financially practical to modify your child support if one of your children is emancipated. 

Keep in mind that this is all dependent on the gross income of parents and any deductions either parent may be entitled to for having new children, etc....

For non-custodial parents just entering the Rhode Island Divorce and Family Court system, be prepared to hear some numbers for child support that may be a bit shocking.  A quick review of a sampling of the numbers as compared to the 2002 Guidelines revealed an 8 to 10% increase in the payment of a non-custodial parent in his or her child support.

It's possible to see a Motion to Set an Earning Capacity filed in a Rhode Island Divorce or family law matter.   It is better understood when you consider the context in which it might be used.

Let's say an attorney represents a woman whose husband previously made a high 5 figure income such as $95,000 as upper level management in a software technology company.  Now let's assume that this guy was laid off but after 8 months still doesn't have a job and he and his wife are depleting their savings when the wife who makes about $18,000 a year part-time at the local food mart decides to divorce him.

The wife has been used to support at almost the $100,000 mark.  She's still bringing in $18,000 but he's not bringing in anything and either the market is really difficult to find a job or this fellow is just malingering.

This is the time when you would probably see an attorney for the wife file a Motion to Set an Earning Capacity for her husband.  Typically this would consist of testimony by both the husband and the wife (and possibly third parties) regarding the lifestyle of the parties, the education, health, experience, and earning history of each of them.  A judge might also consider the needs and expenses of each party if they are living separately.

Ultimately, the Rhode Island Family Court judge will determine the credibility of each of the witnesses, determine who is credible and should be believed and who should not and determine what earnings, if any, the person against whom the motion has been filed should be making or is capable of making...thus an Earning Capacity.

Such a motion also occurs when child support is at issue.  Yet the principle behind the motion is to force an individual who isn't pulling his or her weight and is capable of doing much more to either get a job or get a higher paying job or even get two or even three jobs if necessary to meet his or her obligations.

Does it have it's downfalls?  Shortcomings?  Inequities? 

ABSOLUTELY!  I'll discuss those in another upcoming article.

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.