Rhode Island Divorce Lawyers | Affordable RI Divorce Lawyer Christopher A. Pearsall: RI Divorce Lawyers on Questions

RI Divorce Lawyers on Questions

August 27, 2011

RI Child Support - A RI Lawyer's Child Support Coaching Tip

Do you have an uncontested RI divorce in Rhode Island's Family Court? Or do you hope for one?

It's easy to make the same mistake some Rhode Island attorneys practicing divorce make, namely that joint physical placement of your children so that you each have the child or children exactly 50% of the time means that neither parent pays child support to the other parent.

The Rhode Island Child Support Guidelines are available to everyone at the Rhode Island Family Court Domestic Relations Clerk's desk/office. Even a quick read of Rhode Island's Guidelines is informative and would put you on notice that while it is "possible" that there would be no child support payable from either parent to the other in such circumstances, it is just as possible that child support will still be payable to the lesser earning parent in the Rhode Island divorce or Child support proceedings.

Why is that the case in Rhode Island?

Generally speaking it's not about you as the parent, it's about the children. In a joint physical placement situation Rhode Island's Family Court Administrative Order 2002-03 which forms the substance of the Rhode Island Child Support Guidelines provides as follows in Joint/Shared Physical Custody situations,

In light of the unique nature of an individual joint or shared physical custody arrangement, the Court should exercise its discretion to determine an equitable child support obligation in accordance with the 2002 Monthly Basic Child Support Obligations Schedule and Child Support Guideline Worksheet.

Therefore, the Rhode Island Family Court Judge assigned to your case has a considerable amount of discretion when it comes to the support for your children. It is NOT simply that by having your child(ren) half of the time that you automatically cancel out Rhode Island child support.

So what might the Rhode Island Family Court Judge do in your particular case. Since each case is based on the facts and no two cases are identical, there is no real prediction that I, or any other Rhode Island attorney could make regarding any child support you may or may not have to pay. However, reasonable speculation is possible by an experienced professional who hears the facts and determines what the possibilities might hold from the court's point of view.

So, in the first instance in any Rhode Island family court proceeding involving child support under the RI Child Support Guidelines, it is best to know that (1) having joint/shared physical custody of your children with the mother of the child(ren) does not mean "No Child Support.", and (2) the Court judge on your case has discretion in determining how much child support, if any, should be paid by one parent to the other parent when considering the best interests of the Minor Child(ren), and (3) it is still helpful in the long run to meet with a divorce lawyer who regularly has practiced Rhode Island divorce and family law to find out what a Court judge might possibly do regarding Rhode Island Child Support given your particular factual circumstances for a Rhode Island Child Support Order so that you and be adequately prepared for possible outcomes.

Ultimately, don't make the mistake of thinking that simply because you get the other parent to agree to joint/shared physical custody of the child(ren) that you won't have to pay any child support. If you make that assumption you may find yourself sitting before a Rhode Island judge who suddenly orders you to pay hundreds per month to the mother of the child(ren) and now you have to pick your chin off the floor because you planned on using those monies for something else.

Need to plan for the possibilities or prepare for the worst?

Call for a Rhode Island Child Support Advice and Coaching Session NOW!

One hour for only $135 could save you thousands of dollars of headaches!

Authored By:

Christopher A. Pearsall, Attorney-at-Law

Rhode Island's Full-Time Divorce* Lawyer is Now
Rhode Island's Only Divorce and Family Law Coach!!

Discover the Tremendous Benefits You Receive by

Participating in Family Law Coaching Sessions!

Visit the RhodeIslandDivorceCoach.com

Call (401) 632-6976 Now
to
Schedule Your Low-Cost Rhode Island Divorce* or Family Law* Coaching Session!

Experience the Difference!

Copyright 2000 to Present. Christopher A. Pearsall, Esquire
Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

Note: If this article contains a case scenario with names, dates or amounts, any resemblance any connection to any person or situation now or previously existing is purely accidental, unintentional, and is merely a mistaken creation in the mind of the reader.

* The Rhode Island Supreme Court licenses all attorneys in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.

- - Recommended Websites - -

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April 01, 2011

When Do Marital Property Claims End in a Rhode Island Divorce?

Question from Alfred:

I went through that Nominal Hearing and my wife and I settled everything in our Property Settlement Agreement that we gave to the judge at our hearing. I had a chance to buy into a great business so I did it. That business is a major money maker and my partner and I are doing great in just our first month. Now my wife is claiming she is entitled to half of my interest in that business. My lawyer says that isn't correct and she can't touch it. What do you think Chris?

Answer to Alfred:

Well, Alfred there are a few details missing but I will try to answer appropriately. If your Property Settlement Agreement doesn't include a clause in which your wife waives any interest she may have in after-acquired property that you may purchase then you are going to have a problem. According to case law, marital assets are divisible by the court right up until the date the that the Final Judgment is signed. Therefore, if you don't have an "after acquired property clause" to rely upon and ask the court to enforce and take into consideration from your Property Settlement Agreement, then if you purchased this new business interest and operated that business with anything other than monies you borrowed, monies you were gifted from a third-party, monies you inherited, or monies you received which were determined to be a premarital asset or from the sale of a premarital asset, then your wife does have a right to make a claim to part of your business interest or your income from this new business.

Hopefully there is an "after-acquired" property clause in your Property Settlement Agreement because a judge may well balance the equity of giving your wife any of that interest against her contractual waiver or any such interest voluntarily. Even though a judge's order will trump any contractual provision in your Property Settlement Agreement, your family court judge may take into consideration the conduct of the parties during the course of the marriage, including your wife's voluntary waiver of any interest in anything you purchase after she signed the Property Settlement Agreement and find that the only equitable thing to do is to deny your wife any part of the business.

If you need further clarity please call and set up an in depth coaching session with me so I can give you an even more direct response to your question and get more facts. It certainly sounds as though your new business is certainly worth one hour and the nominal $135 fee for the one hour appointment to protect your new business. You can never be too safe in cases like these.

Remember, my response is only my best guestimation based upon only the information you provided and any number of answers to a few additional questions may change the information provided here.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

Rhode Island's Full-Time Divorce* Lawyer is Now
Rhode Island's Only Divorce and Family Law Coach!!

Discover the Tremendous Benefits You Receive by

Participating in Family Law Coaching Sessions!

Visit the RhodeIslandDivorceCoach.com

Call (401) 632-6976 Now
to
Schedule Your Low-Cost Rhode Island Divorce* or Family Law* Coaching Session!

Experience the Difference!

Copyright 2000 to Present. Christopher A. Pearsall, Esquire
Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

- - Recommended Websites - -

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February 11, 2011

Uncontested RI Divorces - Rhode Island Children Come First!

For each ten (10) calls I receive about how much it costs for a divorce each week, nine (9) of those calls describe the divorce situtation as uncontested.

Of those nine (9) divorces that are described to me as uncontested each week, eight (8) of them involve children.

In any divorce involving minor children there could be any number of legal issues that the court will want to know about, including legal custody, physical placement, visitation, shared holidays and vacations with the minor children, tax deductions for each minor child, child support, health and dental insurance, medical, dental, orthodontic, optical and other healthcare expenses uncovered by insurance, transportation of children, and other relevant issues regarding minor children. That's quite a few legal issues.

Yet out of every nine (9) divorces that are described to me as uncontested, only one (1) person who calls me has addressed even half of these legal issues with his or her spouse.

Uncontested Divorces in Rhode Island are more than possible, they are the best way to resolve a divorce with your spouse, especially when minor children are involved. So how do you do it?

This short article on Rhode Island Uncontested divorces shows you the key element when children are involved. So here are three tips for parents of minor children in an uncontested RI Divorce from the Rhode Island Divorce Coach:

1. Parent's Tip #1- Remember that the children come first.

2. Spouses Tip #2 - Resolve the issues regarding the children first and foremost because that will resolve a majority of the major issues that the court will need to hear testimony about at the time of your nominal (i.e. friendly/uncontested) divorce hearing.

3. Spouses Tip #3 - To resolve all issues in your divorce regarding your children, put the children's interests first and not your own. You should be in a logical frame of mind and deal with one issue at a time.

Remember. . . in any divorce, especially an uncontested Rhode Island Divorce . . . Kids Come First!

Authored By:

Christopher A. Pearsall, Attorney-at-Law

Rhode Island's Full-Time Divorce* Lawyer is Now
Rhode Island's Only Divorce and Family Law Coach!!

Discover the Tremendous Benefits You Receive by

Participating in Family Law Coaching Sessions!

Visit the RhodeIslandDivorceCoach.com

Call (401) 632-6976 Now
to
Schedule Your Low-Cost Rhode Island Divorce* or Family Law* Coaching Session!

Experience the Difference!

Copyright 2000 to Present. Christopher A. Pearsall, Esquire
Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

- - Recommended Websites - -

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August 25, 2010

RI Child Custody Question - I'm the Custodial Parent. Can my ex stop me from moving out of RI?

Physical Child Custody Question: I have sole physical custody of my two children and we share joint legal custody. We have been divorced for three years . I currently live in Lincoln, RI and would like to buy a home in Franklin, MA. It is 17 miles away and a 25-30 minute drive. Can the father of my children prevent me from moving such a short distance? There is nothing in our divorce decree that addresses this issue. He currently lives across the street from me and does not want to drive 25 minutes to pick them up or drop them off. I have agreed to meet him half way for visitation but he still has contacted a lawyer. Does he have a valid case?

Rhode Island Custody Lawyer and Coach Answers:

Yes, your ex-husband can validly petition the Rhode Island Family Court for an Order preventing you from moving with the Minor Children out of the state. It is not so much the distance that is the issue. The issue arises in the fact that you want to move the Minor Children outside the geographical boundaries of the State of Rhode Island. It is irrelevant that there is nothing in your divorce decree or any marital settlement agreement that you may have had that addresses the issue. Courts and parties are rarely able to address every type of situation that might arise in a family after a divorce occurs, although this issue is a bit more common. However, your ex-husband should make sure he gets an experienced Rhode Island Divorce and Family law attorney to advise him regarding this issue.

Why do I say this?

Because the information he would receive would be substantially in your favor. Rhode Island case law is fairly clear that absent your ex-husband proving that you are moving for a vindictive reason such as to deprive him of his visitation or to make things more difficult for him, then as the placement parent (parent with physical custody) you only need to demonstrate to the court that you have a good reason for moving with the children.

The reason can be anything from buying a house for the children, moving for a new job opportunity, better school systems for the children in the new area you would move to, a better neighborhood for the children, one or more family members live in the new area you propose to move to, etc... but all your reasoning should collectively be for the benefit of the minor children.

Generally speaking a "good reason" seems to be any reason that makes sense for the best interests of the children and you as the placement parent, other than one that vindictively is designed to hurt the other parent in some way. Therefore, even though your ex-husband has a valid case he can make before the court, based upon the facts you have provided here, he is unlikely to prevail in preventing you from moving with the children unless he can prove the vindictive reason for moving the children.

Helpful Family Law Tip:

To protect yourself, put your offer to meet him half way for his visitation and your desire that you don't want his relationship with his children to change in writing and spell out all the excellent reasons you have for moving with the kids and how it would benefit them. This might prove to be an excellent piece of evidence you might be able to present to the court at a later date if you need to.

I wish you the very best of luck. I have addressed this issue over the years and it is one I am well versed in. Your greatest challenge is not your legal issue.

If you need further assistance, do not hesitate to contact me at (401) 632-6976 or review one of my helpful Rhode Island Divorce and Family Law Websites listed on this page.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

Rhode Island's Full-Time Divorce* Lawyer is Now
Rhode Island's Only Divorce and Family Law Coach!!

Discover the Tremendous Benefits You Receive by

Participating in Family Law Coaching Sessions!

Visit the RhodeIslandDivorceCoach.com

Call (401) 632-6976 Now
to
Schedule Your Low-Cost Rhode Island Divorce* or Family Law* Coaching Session!

Experience the Difference!

Copyright 2007 to Present. Christopher A. Pearsall, Esquire
Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

* The Rhode Island Supreme Court licenses all attorneys in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.

- - Recommended Websites - -

Posted by Attorney Christopher A. Pearsall on August 25, 2010 at 08:59 PM in Affordable Rhode Island Divorce Lawyers, Post-Divorce: Moving Children, RI Divorce Lawyers on Child Custody, RI Divorce Lawyers on Child Placement, RI Divorce Lawyers on Questions | Permalink | Comments (0) | TrackBack (0)

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July 24, 2010

A Call about Lawyer Christopher Pearsall as Rhode Island's Most Affordable Divorce Lawyer

A man called me yesterday asking how I claim to be Rhode Island's Most Affordable Divorce Lawyer.

In a nutshell, divorce isn't something I do, it's all I do. No distractions by other legal specialties. I'm not a jack of all trades, I've chosen to master ONE.... Rhode Island Divorce. Add this to the fact that I give EVERY client a personalized quote based upon each client's circumstances.

If you put my skills and experience against those of my competitors not a single one of my quotes is at the hourly range that any of my competitors charge.

Remember, we're talking about affordable, QUALITY Rhode Island divorce services, not simply a cheap quote or flat fee for a divorce from a lawyer who only handles a few divorces a year. So as far as skills and price are concerned, I do, in fact consider myself the most affordable divorce lawyer and coach in Rhode Island and I believe I do so with honesty and integrity.

Even the new coaching program I have developed is focused on the client and is intended to provide high quality family law services for the lowest prices possible.

Do you want high quality divorce services at prices that can't be beat?

Call me at (401) 632-6976 for your low-cost coaching and advice session today and get the facts!

Authored by: Christopher A. Pearsall, Attorney-at-Law
Copyright 2010 to the Present (Christopher A. Pearsall, Esquire and Rhode Island Divorce & Coaching Institute)

Posted by Attorney Christopher A. Pearsall on July 24, 2010 at 09:12 PM in Affordable Rhode Island Divorce Lawyers, RI Divorce Lawyers and Advertising, RI Divorce Lawyers on Questions | Permalink | Comments (0) | TrackBack (0)

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July 16, 2010

RI Pre-Marital Assets - Your Divorce, Your Assets . . . or Are they?

In a Rhode Island Divorce proceeding, you do not have the luxury of claiming any asset is "pre-marital" and then doing whatever you want to with it.

Until your RI Divorce Judge determines that an asset is "pre-marital", you must presume that it falls within the power of the Rhode Island Family Court.

While you can certainly take the position that an asset is "pre-marital" in your divorce proceeding, it is not within your power to determine that an item is, in fact, "pre-marital" so that you can do whatever you like with the asset.

In fact, taking an asset and disposing of it at you see fit, especially without at least giving 50% of the value of the asset to your spouse, is likely to lead to a Motion for Willful Contempt for taking action in violation of the Automatic Orders of the Court.

Automatic Orders of the Court apply to every divorce proceeding and violation of those Orders is punishable by numerous remedies the Rhode Island Family Court Judge may avail himself or herself of, including but not limited to, incarceration at the Adult Correctional Institution, sanctions, fines, attorney's fees awards etc. . .

Remember, each "pre-marital asset" should be considered separately and a good Rhode Island Divorce Coach / Lawyer will help you identify whether or not an asset is likely to be considered (1) entirely pre-marital, (2) partially pre-marital, or (3) not pre-marital at all because its character changed from pre-marital to marital during the course of the marriage.

Though an asset in a divorce may change character in a multitude of ways, consider the following example.

For example, Jill owns a house and its property prior to the marriage. During her marriage to Tim, Jill adds Tim's name to the deed. Though Jill may still argue that the house and property are still a pre-marital asset, or the value of them before she married Tim is pre-marital, her argument should fail because she changed the character of the property from "hers" to "theirs." By adding Tim's name to the deed Jill actively and intentionally changed the house and its property from "pre-marital" to "marital."

Remember that In any Rhode Island divorce, the divorce lawyers make arguments for their clients. You have the power to make the same arguments for yourself, if you understand the arguments that you have available to you.

Do you know what arguments are available to you regarding your assets? A Rhode Island Divorce Coaching Session may help you get a better grasp on holding on to your assets. If you represent yourself, it may give you just the edge you need.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

Rhode Island's Full-Time Divorce* Lawyer is Now
Rhode Island's Only Divorce and Family Law Coach!!

Discover the Tremendous Benefits You Receive by

Participating in Family Law Coaching Sessions!

Visit the RhodeIslandDivorceCoach.com

Call (401) 632-6976 Now
to
Schedule Your Low-Cost Rhode Island Divorce* or Family Law* Coaching Session!

Experience the Difference!

- - Recommended Websites - -

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June 26, 2010

My Rhode Island Divorce Lawyer can't tell me if I get to keep my house in the divorce! Why Not??

It may be hard for you as a Rhode Island divorce client to understand why your divorce lawyer can't tell you with certainty whether you'll get the house in your divorce or not. Divorce clients, for the most part, tend to think of things as either black or white, right or wrong, yes or no. As a former client, Pro Se person representing myself, and even today as a divorce lawyer I can understand and appreciate that you may believe this, or you may have this expectation.

In truth, as your divorce lawyer I would have no different hope or expectation, namely that the answer to your divorce question can be answered with an exact answer, without any if's, ands, or buts. Why? Well, because ultimately we all like certainty. We don't like uncertainty. We certainly don't like the "unknown" when it comes to our children, our assets, our debts and ultimately our lives in a proceeding as important as a divorce.

However, the fact remains that most legal questions in a divorce do not have a definite answer. This is precisely the reason why their are divorce battles. Do you want one? Probably not! Do I want one? Well, if I were your lawyer and you didn't want one, then I certainly don't want one because it's my job not only to look out for your best interests but to follow your direction and what you want, as long as it is not illegal, or violates the lawyer's Professional Code of Conduct.

Yet lawyers exist for many reasons. One of which includes the fact that the law is constantly changing, that concepts in the law may sometimes conflict with one another, and that arguments can be made based upon advocating for a change in the laws, or based upon a different interpretation or application of the law because no two cases have the same identical factual circumstances. Every case is unique and even one small factor can make a huge difference in the application of the law to the case before the court. Lawyers find and make these arguments for you.

So, what do we have now? What have we learned?

You know that

1) laws are always changing;

2) laws can be interpreted differently;

3) some principles of law clash with each other;

4) no two cases are factually identical; and

5) arguments can be made for changes in the law.

So let's look at the question posed by the title of this Rhode Island divorce article.

Why can't my divorce lawyer just tell me if I get to keep my house in my divorce or not?

Assume for the sake of argument that I am your divorce lawyer. I could use all my experience, all my knowledge of Rhode Island cases and statutes, familiarity with the judge your case has been assigned to and the information I have about your situation and still I could only give you my very best legal opinion as to whether or not your might get to keep your house in your divorce.

We've already answered why in the paragraphs above.

If as your lawyer I can make varying arguments for you based upon existing laws, and make different arguments for you by advocating for changes in the law, and make even further arguments using clashing principles of law, or using different interpretations of the law, and I can even argue for you to get the house by addressing whether or not the facts in your case are the same or different from the cases used to establish whatever the law might say in such a situation, then can't your spouse's attorney do the same thing? Absolutely!

This means you have two opposing sides with a wide ability to argue for either of your positions for the house. Since a lawyer is an advocate and not the judge then the lawyer doesn't make the decision. Therefore, unless I or the other attorney have a crystal ball that tells the future and gets it right every time, neither one of us can give a definite answer because we don't get to make the decision. It's that simple.

In a Rhode Island divorce many lawyers are often asked questions that people want exact answers too. It wouldn't be fair to you, or to any client, if I told you that the answer is "A" and then have the judge decide that the answer is "B" because he or she didn't agree with my arguments on your behalf no matter how convincing they may be.

Whether you are concerned about your house or riding lawnmower, it's helpful to remember that most of the time your lawyer is unable to give you a definite answer to your question because in the end either you and your spouse who decide by reaching a settlement agreement, or it's the judge who decides after a trial.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

Rhode Island's Full-Time Divorce* Lawyer is Now
Rhode Island's Only Divorce and Family Law Coach!!

Discover the Tremendous Benefits You Receive by

Participating in Family Law Coaching Sessions!

Visit the RhodeIslandDivorceCoach.com

Call (401) 632-6976 Now
to
Schedule Your Low-Cost Rhode Island Divorce* or Family Law* Coaching Session!

Experience the Difference!

- - Recommended Websites - -

Posted by Attorney Christopher A. Pearsall on June 26, 2010 at 01:31 PM in RI Divorce Lawyers & Practice Philosophies, RI Divorce Lawyers on Assets, RI Divorce Lawyers on Divorce Lawyers, RI Divorce Lawyers on Marital Assets, RI Divorce Lawyers on Questions, RI Divorce Lawyers on Trials & Hearings | Permalink | Comments (0) | TrackBack (0)

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January 31, 2010

RI Child Custody Question - I'm the Custodial Parent. Can my ex stop me from moving out of RI?

Rhode Island Custody Lawyer Answers:

Why do I say this?

Helpful Family Law Tip:

I wish you the very best of luck. I have addressed this issue over the years and it is one I am well versed in. Your greatest challenge is not your legal issue.

If you need further assistance, do not hesitate to contact me at (401) 632-6976 or review one of my helpful Rhode Island Divorce and Family Law Websites listed on this page.

Warm Regards,

Christopher A. Pearsall, Esquire

Rhode Island's Only Full-Time Divorce Lawyer and Family Law Coach*

* Note: The RI Supreme Court licenses all attorneys in the general practice of law and has no procedure for specialization or recognition in any area of law.

Posted by Attorney Christopher A. Pearsall on January 31, 2010 at 11:23 AM in Post-Divorce: Moving Children, RI Divorce Lawyers on Child Custody, RI Divorce Lawyers on Child Placement, RI Divorce Lawyers on Questions | Permalink | Comments (0) | TrackBack (0)

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March 21, 2009

Rhode Island Divorce Clients - Lawyers May Tell You Divorce Scenarios You Want to Hear!

As a Rhode Island Lawyer focusing my practice exclusively in the area of Rhode Island Divorce and Family Law, I have learned that when people come in for a consultation they want to tell me their story and they want to be told exactly what they want to hear.

Yes, despite the fact that every divorce lawyer may not portray a realistic scenario to the potential client, clients need to realize that a lawyer may tell them exactly what they want to hear.

If you skimmed that last paragraph which was only one sentence long and you have already forgotten it, then . . . my dear reader . . .WAKE UP!

I'll repeat it because it is so crucial and I'll even be more blunt. Some lawyers . . . to get your business . . . will tell you exactly what you want to hear! They may give you results that are not realistic not just for your divorce case but for ANY divorce case.

Lawyers are businesspeople and they get hit by economic times too. Without clients they don't have income. Without income, many of them can't afford that cushy little porshe or mercedes they drive. Without income, they may have to consider making a late payment on their house or their summer home. Without clients, the lifestyle a lawyer may have developed for him or herself doesn't last long. So the lawyer needs to bring in clients.

That may be you! Wouldn't it be nice to go into a divorce lawyer and give him or her a quick snapshot of your life with your spouse and kids and then he or she tells you how everything is going to be fine, that they've dealt with this scenario a million times before and that if you hire them, then they will deal with all that anxiety for you and it will be over before you know it. Imagine a lawyer telling you that all this stress you are feeling right now is needless because the lawyer is going to get you a great divorce settlement and that you should let him or her deal with it and your troubles will be over.

Now, here you are all comfortable and feeling that this lawyer is going to take care of all your divorce troubles when he tells you the cost. If you are especially stressed out, are you likely to agree to provide him or her with a $3,500 retainer at an hourly rate of $250 per hour? Most people will find a way to do so because the lawyer is offering a solution to divorce stress and anxiety in your personal life. What is more painful to you? The stress and anxiety at home or parting with a few thousand dollars. In many instances the stress outweighs the money.

Some, but not all lawyers will do this. Let me give you an example that came up recently but I'll change the players and the issue itself to protect the privacy of the individual involved.

Clyde met with me for a consultation. Clyde wanted to divorce his wife Cassie. Clyde and Cassie had a fight and Cassie told Clyde that he could go ahead and divorce her because she'd be set for life. Clyde didn't know what Cassie was talking about so he asked her. "Well", Cassie snapped, "I've already been to a lawyer and he already explained to me that you're going to have to pay me alimony and I'll be doing just great and you'll be broke." Clyde looked at her in disbelief.

"Really?" Clyde stated in disbelief. "Yes.", Cassie answered. The lawyer told me that you'll have to pay me alimony "indefinitely". Clyde answered, "I don't think that's true Cassie. You may want to check with another lawyer."

Cassie got angrier. "I don't need you telling me what to do. I've already seen a lawyer and I know what is going on and my lawyer said you're going to be paying me alimony FOREVER!"

"I don't think that's how it works Cassie. So you may want to check with another Rhode Island divorce lawyer." Clyde was urging her now.

"Nope. I like this guy and he's told me exactly how it's going to go for you and I like that just fine. So go ahead and serve me with the papers because I don't like the way you're handling the money as it is."

In this situation it isn't hard to see what has happened. Cassie went to a lawyer for what was probably a free consultation and she told the lawyer what was probably only her side of the story. The economy is hurting and the attorney figured out what Cassie wanted to hear in order to hire him as her attorney. So the attorney painted Cassie a very rosy picture and told her exactly what she wanted to hear in order to get her as his divorce client.

Only too often this is the rule rather than the exception.

It is best to remember the old adage. If something sounds too good to be true. . . it probably is! The easiest way to get a divorce client is to tell him or her what they want to hear instead of being honest about the process and what may or may not occur.

If a lawyer is pressing you to engage him or her as your divorce lawyer, usually this is a warning sign. If you don't hear a few things that put you on edge during a consultation because they cause you to worry a little, this is another warning sign. If you hear everything you want to hear AND you are pressured into retaining the lawyer's services quickly this is a warning sign as well.

On rare occasions when there is an uncontested divorce or when the parties have good respect and communication with each other, then it is reasonable to hear everything you want to hear from the lawyer. Otherwise, if the lawyer doesn't raise some possible issues that give you cause for concern, then you should consider whether the lawyer is just telling you what you want to hear just to get your business, especially if the lawyer stands to gain a substantial hourly rate off the arrangement.

In the end, be careful. If you hear exactly what you want to hear when there could be issues of alimony, child support, visitation, placement, retirement plans and real estate division, then you should shop around by selecting lawyers who are known to routinely practice divorce law before the Rhode Island Family Courts.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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Posted by Attorney Christopher A. Pearsall on March 21, 2009 at 02:00 AM in RI Divorce Lawyers & Practice Philosophies, RI Divorce Lawyers on Alimony, RI Divorce Lawyers on Lawyers Fees, RI Divorce Lawyers on Questions | Permalink | Comments (0) | TrackBack (0)

November 25, 2008

Alimony Language - Rhode Islander's Take Care! Part 2

This Rhode Island divorce tip article is a follow-up to my first tip article which may be found at http://www.rhode-island-divorce-lawyer.com/2008/11/alimony-language-rhode-islanders-take-care-part-1.html

This first tip article is helpful, if not essential, to helping you understand rehabilitative alimony in Rhode Island. Therefore I recommend that you read my first alimony tip article if you do not already know how Rhode Island law treats alimony in general.

Lanuguage is crucial in both Rhode Island Settlement Agreements and especially in the Rhode Island divorce proceedings when it comes to alimony awards and alimony waivers.

Whether you are representing yourself or you have a Rhode Island lawyer to represent you in your divorce proceeding, it is best to be vigilant when it comes to the language used by you, your lawyer and even the judge. In this divorce tip article the crucial word you should focus on is "non-modifiable."

Leaving out the word "non-modifiable" in your Marital Settlement Agreement or failing to clarify to the judge a request for the court's order to include the word "non-modifiable" could lead to hazardous consequences.

Consider this Rhode Island Divorce example about Mr. and Mrs. Lawyers:

Mr. Lawyers has agreed to pay Mrs. Lawyers alimony of $400 per week for a period of three (3) years in their Marital Settlement Agreement and he has testified to that on the record of the court. Mrs. Lawyers agrees that Mr. Lawyers' testimony is accurate and that $400 per week for three (3) year is precisely what they agreed to in their Marital Settlement Agreement.

Mrs. Lawyers testifies that she wants to waive alimony after that three (3) years has been paid, that she knows that this waiver would be permanent, and that she believes she will be able to sustain herself at the end of the three year period and therefore she would like the court to grant her permanent waiver.

At the end of the hearing, the Court orders the following:

Mrs. Lawyers is awarded weekly alimony of $400 per week for a period of three (3) years from Mr. Lawyers and that upon completion of the three (3) years Mrs. Lawyers' request for waiver of alimony is granted and she waives alimony permanently.

Do you notice that the word "non-modifiable" does not appear anywhere in the excerpt of the testimony above? Do you notice that Mrs. Lawyers confirmed that it is "precisely what they agreed to" in their Marital Settlement Agreement?

Let's assume this is correct and that the Marital Settlement Agreement doesn't contain any reference to alimony being "non-modifiable".

Now, imagine that Mr. Lawyers secures a job that pays considerably more than his last job, that he becomes a partner in a very profitable business, that he creates a very successful invention, that Mrs. Lawyers gets into a tragic accident in the first year after their divorce which leaves her with brain damage which prevents her from proceeding with her attempts to rehabilitate herself and become self sustaining.

Choose any one of these events or any other event that you might think of that drastically affects the earnings or abilities of Mr. and Mrs. Lawyers within the three (3) years alimony is to be paid.

What is important here is what Mrs. Lawyers DID NOT agree to!

Even though Mrs. Lawyers waived alimony permanently after the three (3) years of payments, she DID NOT agree at any time that the alimony during those three (3) years would be non-modifiable.

If Mrs. Lawyers wanted to, she could retain a Rhode Island lawyer and once again return to court and request that the alimony she is receiving in those first three years be increased based upon either Mr. Lawyers' increase in his ability to pay more alimony and/or her own decrease in her ability to provide for herself over the long term as planned.

Though the agreement provided for $400 per week of alimony for a period of three years, this merely indicates to the court that this is an amount and timeframe that was either agreeable to the parties or ordered by the Rhode Island family court judge at the time of the divorce. However, without the word "non-modifiable" before the word "alimony" this DOES NOT prevent Mrs. Lawyers from arguing that neither the parties or the court intended that it could not be modified during that three (3) year period if circumstances changed which warranted a modification of the amount of alimony.

What could this mean for Mr. Lawyers?

If either Mr. Lawyers or his Rhode Island attorney did not add that one word "non-modifiable" then Mr. Lawyers could end up paying $600, $900 or even $1,200 per week to Mrs. Lawyers for the remainder of the three (3) year period, if the Rhode Island family court judge found that Mrs. Lawyers had that need for such alimony and Mr. Lawyers was capable of paying that amount of alimony.

What monetary difference could this make to Mr. Lawyers?

Let's say the court found Mr. Lawyers had the ability to pay Mrs. Lawyers Rhode Island alimony in the amount of $900 per week for the last 28 weeks of the three (3) year alimony period that was agreed upon. Let's also assume that the court held Mrs. Lawyers to the three (3) year period of alimony because she had validly waived alimony permanently after that three (3) year period of time.

Mr. Lawyers had agreed to pay $400 per week. Mr. Lawyers is now ordered to pay an extra $500 per week for the last twenty-eight (28) weeks. This now requires Mr. Lawyers to pay Mrs. Lawyers an extra $14,000 that he hadn't planned on.

To Mr. Lawyers and/or Mr. Lawyers' Rhode Island attorney, the omission of that single word . . . "non-modifiable" . . . just cost Mr. Lawyers $14,000.

The words you use in your agreement and the words used in the order by the court are crucial. Care should be taken in drafting any alimony provision in a Rhode Island Marital Settlement Agreement. Care should also be taken to make sure that the word "non-modifiable" is used by the court in its order, if that is what is intended or expected by the parties.

In this example it was worth $14,000 to Mr. Lawyers. That's one very costly word, don't you think?

Authored By:

Christopher A. Pearsall
Attorney-at-Law
70 Dogwood Drive, Suite 304
West Warwick, RI 02893

Call (401) 632-6976 Now for your low-cost consultation.
from
Rhode Island's Most Affordable Divorce* Lawyer & Family Law* Attorney

Copyright 2008. Christopher A. Pearsall
A New Rhode Island Divorce Lawyer for a New Millenium!

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law. Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | Chris Pearsall | Legal Scholar | Pearsall Law Associates | Rhode Island Divorce Attorneys | Rhode Island Divorce Lawyers

Posted by Attorney Christopher A. Pearsall on November 25, 2008 at 03:59 AM in RI Divorce Lawyers & Practice Philosophies, RI Divorce Lawyers & Spousal Support, RI Divorce Lawyers on Alimony, RI Divorce Lawyers on Legal Separation, RI Divorce Lawyers on Pro Se Individuals, RI Divorce Lawyers on Questions, RI Divorce Lawyers on Settlements, RI Divorce Lawyers on Trials & Hearings | Permalink | Comments (0) | TrackBack (0)

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