1) How long does it take to evict a tenant for non-payment of rent in Rhode Island?
In order to begin the process of evicting a residential tenant in Rhode Island (RI) for non-payment of rent, the tenant must be more than 15 days late and then a five-day demand notice must be sent to the tenant. After the five days, you are entitled to file a complaint for eviction of the tenant for non-payment of rent and the court date will be nine days thereafter. If the ninth day falls on a weekend or holiday, then it will carry over to the next business day. After attending court to get the tenant out, it will take a minimum of five days to evict the tenant up to a potential of a month or longer (if there is an appeal).
2) Is it legal to do a self-help eviction in Rhode Island?
No. Under Rhode Island law it is illegal for a landlord to do a self-help eviction. The landlord must go through the proper legal channels in order to evict a tenant from the premises. In the event that a landlord does an unlawful eviction, the tenant is entitled to collect damages against the landlord.
3) How long does it take to evict a month-to-month tenant?
In order to evict a month-to-month tenant, you are required to send a thirty-day notice to terminate the tenancy pursuant to Rhode Island law. After the thirty-day period has expired, then the landlord is allowed to file a complaint for eviction. This type of eviction is a lengthy process because you must not only wait the thirty days, but the tenant has a minimum of twenty days to answer and after that it takes a minimum of ten days before you can get a court date. After that court date, it takes a minimum of 5 days up to a month or longer to get the tenant out (depending on whether or not there is an appeal).
4) My tenant has a lease but is violating the lease and causing problems. What do I do?
Pursuant to Rhode Island law you can send them a notice asking them to terminate the offending behavior within 20 days. If they do not terminate the offending behavior, then you are able to file an eviction against them. These types of evictions are lengthy and you must prove that you sent the notice and that the tenant did not comply with the notice after receiving the notice. If the tenant is a month-to-month tenant, then it is better to terminate the offending tenant's tenancy rather than go through the above-described process.
David Slepkow is a Rhode Island RI lawyer who has handled landlord tenant matters and evictions on behalf of both landlords and tenant for ten years. Please go to http://www.slepkowlaw.com for more information or to contact attorney David Slepkow.
http://ezinearticles.com/?Rhode-Island-Landlord-Tenant-and-Eviction-Law-FAQS-Nonpayment-Rent,-Termination&id=486673
Wednesday, August 22, 2007
Rhode Island DUI - DWI Law - Should I Refuse The Breathalyzer?
1) Should I refuse a Breathalyzer test in Rhode Island?
The answer is - "it depends". There is no good definitive answer to this question in Rhode Island. The only proper answer is it depends on the circumstances. If you refuse the Breathalyzer test, your license and/or privilege to drive in Rhode Island will be automatically suspended after the arraignment but prior to any hearing or disposition of the matter on the merits. If you refuse a Breathalyzer test, the chances of winning are relatively slim. In a Breathalyzer case, the state must only prove that they had probable cause to arrest you and reasonable suspicion to believe that you are operating a motor vehicle in Rhode Island while intoxicated, that you were properly read your rights, and that you did in fact refuse the Breathalyzer. Even if you refuse, the state will typically still charge you with criminal DUI based on the officer(s) observations. Many, but not all, town and cities will dismiss the criminal observation case if you agree to take a plea for minimum sanctions (at least 6 months) at the refusal hearing.
If you lose the Breathalyzer case, for a first offense within five years, the penalty will be six months to twelve months loss of license as well as fines and driver retraining and community service. You will also be required to obtain expensive insurance on your automobile. The advantages of a refusal over a criminal case is that the penalty for a first refusal is a civil violation that will not be a criminal conviction on your record. (Please note that a 2nd offense refusal in Rhode Island is now a criminal offense!)
If you take the Breathalyzer test and fail it, you will be charged with a criminal DUI. These cases are much more difficult for the prosecution to prove than a Breathalyzer refusal. Your chances of winning a criminal DUI case is much greater than a refusal case! If you take the Breathalyzer, you will not automatically lose your license at the arraignment (as you would in a refusal case). You will only lose your license if you are convicted. In other words, you can drive while the case is proceeding. If convicted in a criminal DUI case first offense, you will lose your license anywhere between 3 months to 6 months. If convicted, you will also have to take driving classes, do community service and obtain expensive insurance for your vehicle. In a criminal DUI, the state must not only prove probable cause to make the arrest, they must prove beyond a reasonable doubt that you were too intoxicated to operate a motor vehicle in the State of Rhode Island as well as proving that you were properly read your rights and that other legal requirements were met. If you lose the criminal DUI case, you will have a criminal conviction on your record. A criminal conviction can severely hurt employment opportunities and in some case lead to loss of a job. Also, a second or third conviction for DUI/DWI will mean mandatory jail time. Please call Attorney David Slepkow if you have any questions, 401-437-1100.
2) Are there any bright line rules in Rhode Island?
a) Yes. If you are absolutely positive you will pass, take the Breathalyzer test.
b) If someone is injured in an accident - refuse the Breathalyzer.
c) If you already have a criminal DUI within the past 5 years, then you must refuse because you face mandatory jail time.
d) If you are in a profession in which a criminal conviction may hurt your career or subject you to professional discipline, i.e. lawyer, politician, teacher, then you probably should refuse.
If the bright line rules don't apply, then what?
Use a balancing test. You need to balance your need to drive your automobile versus what effect a criminal conviction will have on your life. If you absolutely need your license for your job and a criminal conviction will not affect your life, then take the test if none of the bright line rules (such as an injury) apply.
If you take the Breathalyzer test, you will not automatically lose your license and can drive while the criminal case is pending and will only lose your license if you lose the case. Your chances of winning the criminal case and retaining your license is much greater than a refusal case. However, the flip side is that if you lose the criminal case, then you will have a conviction on your record and minimum jail potential for a second offense.
3) Does Rhode Island allow a person to drive for work after their license is suspended for DWI or refusal?
No. There is no exception allowing a person to use their vehicle for work purposes when their license is suspended.
David Slepkow is a Rhode Island lawyer/ attorney practicing dui / dwi, breathalyzer refusal & criminal law as well as Divorce, personal injury, real estate and the general practice of law. David has been practicing for over 9 years and is licensed in Rhode Island , Massachusetts and Federal Court. Please goto http://www.slepkowlaw.com for more information or to contact David Slepkow. You can also call David Slepkow if you have any legal questions at 401-437-1100.
http://ezinearticles.com/?Rhode-Island-DUI-DWI-Law-Should-I-Refuse-The-Breathalyzer?&id=486659
The answer is - "it depends". There is no good definitive answer to this question in Rhode Island. The only proper answer is it depends on the circumstances. If you refuse the Breathalyzer test, your license and/or privilege to drive in Rhode Island will be automatically suspended after the arraignment but prior to any hearing or disposition of the matter on the merits. If you refuse a Breathalyzer test, the chances of winning are relatively slim. In a Breathalyzer case, the state must only prove that they had probable cause to arrest you and reasonable suspicion to believe that you are operating a motor vehicle in Rhode Island while intoxicated, that you were properly read your rights, and that you did in fact refuse the Breathalyzer. Even if you refuse, the state will typically still charge you with criminal DUI based on the officer(s) observations. Many, but not all, town and cities will dismiss the criminal observation case if you agree to take a plea for minimum sanctions (at least 6 months) at the refusal hearing.
If you lose the Breathalyzer case, for a first offense within five years, the penalty will be six months to twelve months loss of license as well as fines and driver retraining and community service. You will also be required to obtain expensive insurance on your automobile. The advantages of a refusal over a criminal case is that the penalty for a first refusal is a civil violation that will not be a criminal conviction on your record. (Please note that a 2nd offense refusal in Rhode Island is now a criminal offense!)
If you take the Breathalyzer test and fail it, you will be charged with a criminal DUI. These cases are much more difficult for the prosecution to prove than a Breathalyzer refusal. Your chances of winning a criminal DUI case is much greater than a refusal case! If you take the Breathalyzer, you will not automatically lose your license at the arraignment (as you would in a refusal case). You will only lose your license if you are convicted. In other words, you can drive while the case is proceeding. If convicted in a criminal DUI case first offense, you will lose your license anywhere between 3 months to 6 months. If convicted, you will also have to take driving classes, do community service and obtain expensive insurance for your vehicle. In a criminal DUI, the state must not only prove probable cause to make the arrest, they must prove beyond a reasonable doubt that you were too intoxicated to operate a motor vehicle in the State of Rhode Island as well as proving that you were properly read your rights and that other legal requirements were met. If you lose the criminal DUI case, you will have a criminal conviction on your record. A criminal conviction can severely hurt employment opportunities and in some case lead to loss of a job. Also, a second or third conviction for DUI/DWI will mean mandatory jail time. Please call Attorney David Slepkow if you have any questions, 401-437-1100.
2) Are there any bright line rules in Rhode Island?
a) Yes. If you are absolutely positive you will pass, take the Breathalyzer test.
b) If someone is injured in an accident - refuse the Breathalyzer.
c) If you already have a criminal DUI within the past 5 years, then you must refuse because you face mandatory jail time.
d) If you are in a profession in which a criminal conviction may hurt your career or subject you to professional discipline, i.e. lawyer, politician, teacher, then you probably should refuse.
If the bright line rules don't apply, then what?
Use a balancing test. You need to balance your need to drive your automobile versus what effect a criminal conviction will have on your life. If you absolutely need your license for your job and a criminal conviction will not affect your life, then take the test if none of the bright line rules (such as an injury) apply.
If you take the Breathalyzer test, you will not automatically lose your license and can drive while the criminal case is pending and will only lose your license if you lose the case. Your chances of winning the criminal case and retaining your license is much greater than a refusal case. However, the flip side is that if you lose the criminal case, then you will have a conviction on your record and minimum jail potential for a second offense.
3) Does Rhode Island allow a person to drive for work after their license is suspended for DWI or refusal?
No. There is no exception allowing a person to use their vehicle for work purposes when their license is suspended.
David Slepkow is a Rhode Island lawyer/ attorney practicing dui / dwi, breathalyzer refusal & criminal law as well as Divorce, personal injury, real estate and the general practice of law. David has been practicing for over 9 years and is licensed in Rhode Island , Massachusetts and Federal Court. Please goto http://www.slepkowlaw.com for more information or to contact David Slepkow. You can also call David Slepkow if you have any legal questions at 401-437-1100.
http://ezinearticles.com/?Rhode-Island-DUI-DWI-Law-Should-I-Refuse-The-Breathalyzer?&id=486659
Rhode Island (RI) Real Estate Law - Closings And Title Attorneys - Lawyers
1) What is title insurance? How much does it cost? Should I buy it?
Owner's title insurance protects the Buyer of a property against undiscovered liens or defects in the title prior to the time of purchase. Title insurance insures the record title and protects an owner of property from losses arising from defects occurring prior to the date of the policy. Therefore, it differs from other types of insurance because it is retrospective in nature. It also differs from other types of insurance because there is only a single premium charge for title insurance, but the protection lasts for as long as you own the property. There are different title insurance policies which protect both owners and lenders. Lender's title insurance performs the same purpose, but only for the lender in a transaction. The fee is typically about $2.50 per $1000 for lender's coverage and $3.50 per $1000 for owner's coverage. Lender's insurance is required and you are strongly encouraged to purchase owner's insurance for numerous reasons. If you have any questions in this regard or have been given advice that owner's insurance is not necessary, please contact one of our attorneys to make an informed decision.
Since one's home is usually the single biggest financial investment, it is highly prudent and wise that a homeowner would want to protect that investment and enjoy the benefits of ownership. An owner's title policy is that protection.
2) What type of claims are covered by Owner's Title Insurance?
The owner's title policy insures against loss or damages sustained by the owner by reason of historical discrepancies such as forgery, undisclosed but recorded prior mortgages, bankruptcies, liens or divorces, deeds not properly recorded, missing wills or heirs, and inadequate property descriptions.
3) Why do I need an attorney for a closing?
An attorney should always be present at a closing to answer legal questions and to resolve disputes. Most lenders require the presence of an attorney at all closings. At our firm, all closings are always conducted by an attorney. In Rhode Island, the buyer has the right to choose the attorney to handle the title search. You should always insist on an attorney instead of a title company, as we will help to resolve the problems which arise, and will not limit our scope to merely searching the title.
4) When do I get my proceeds as a Seller?
The Seller will be given the proceeds from the sale after the deed has been recorded. In our office, we always record the documents the same day if the closing occurs before noon, and within 24 hours of closing in any event, barring weekends and holidays.
5) What happens if the house is not ready for me to move in on the day of closing?
If the house is not in the proper condition to move in at the time of closing, you will need to consult with an attorney. At our firm, if we are handling the closing, we will always strive to help the buyer with the predicament. Options include postponing the time of closing, giving a buyer credit, or escrowing funds from the seller until the property is in the proper condition.
6) Where does the closing take place?
The closing will occur at the attorney's office for the buyer. Occasionally, the closing may occur at the lender's office or a real estate agency, but the vast majority close at the attorney's office.
7) What form of money should I bring to the closing?
Buyers should bring a bank check or certified funds to closing. If one of these options is not available, buyers should make arrangements to wire funds directly to the closing attorney at least one business day prior to the day of closing. If verifiable funds are not present at the time of closing, the recording of the documents will be delayed and the buyer may not be able to move into the new home. Personal checks or cash are acceptable in nominal amounts up to a maximum of $1000.
8) What other obligations are there as a Seller of property?
The seller is obligated to produce a Smoke Detector and Carbon Monoxide Detector Certificate at the time of closing. To obtain a certificate, the seller or its agent must contact the fire department for the municipality in which the property lies to conduct the inspection.
9) Will I receive a survey of the property at the closing?
No. In Rhode Island, lenders do not require surveys. Unless the buyer requests a survey, no one will physically verify the boundaries of the property. In Massachusetts, a lender may require a plot plan of the property which does not formally locate all of the property boundaries, but it does locate the house in particular vicinity within the boundary lines.
10) Will I receive an appraisal of the property at the closing?
You are always entitled to a copy of the lender's appraisal if there is a lender involved on your behalf as a buyer. The appraisal is often presented at the closing, or it can be requested in writing.
11) What if my property is in a flood zone?
If the property you are purchasing is in a flood zone as depicted on the government maps, the lender will require you to obtain flood insurance. You should be careful of this whenever the property is near the water as flood insurance is often quite costly.
12) Does a title search or title insurance cover zoning issues?
No. Zoning determinations are completely separate from the title to the property. If you want an attorney to verify the zoning for you, an additional fee would be required.
David Slepkow is a Rhode Island lawyer practicing real estate law, divorce, family law & personal injury. Our firm, Slepkow Slepkow & Associates Inc. has been in existence for 75 years and has done over 30,000 real estate closings. Please goto http://www.slepkowlaw.com for more information or to contact attorney David Slepkow.
http://ezinearticles.com/?Rhode-Island-(RI)-Real-Estate-Law-Closings-And-Title-Attorneys-Lawyers&id=486637
Owner's title insurance protects the Buyer of a property against undiscovered liens or defects in the title prior to the time of purchase. Title insurance insures the record title and protects an owner of property from losses arising from defects occurring prior to the date of the policy. Therefore, it differs from other types of insurance because it is retrospective in nature. It also differs from other types of insurance because there is only a single premium charge for title insurance, but the protection lasts for as long as you own the property. There are different title insurance policies which protect both owners and lenders. Lender's title insurance performs the same purpose, but only for the lender in a transaction. The fee is typically about $2.50 per $1000 for lender's coverage and $3.50 per $1000 for owner's coverage. Lender's insurance is required and you are strongly encouraged to purchase owner's insurance for numerous reasons. If you have any questions in this regard or have been given advice that owner's insurance is not necessary, please contact one of our attorneys to make an informed decision.
Since one's home is usually the single biggest financial investment, it is highly prudent and wise that a homeowner would want to protect that investment and enjoy the benefits of ownership. An owner's title policy is that protection.
2) What type of claims are covered by Owner's Title Insurance?
The owner's title policy insures against loss or damages sustained by the owner by reason of historical discrepancies such as forgery, undisclosed but recorded prior mortgages, bankruptcies, liens or divorces, deeds not properly recorded, missing wills or heirs, and inadequate property descriptions.
3) Why do I need an attorney for a closing?
An attorney should always be present at a closing to answer legal questions and to resolve disputes. Most lenders require the presence of an attorney at all closings. At our firm, all closings are always conducted by an attorney. In Rhode Island, the buyer has the right to choose the attorney to handle the title search. You should always insist on an attorney instead of a title company, as we will help to resolve the problems which arise, and will not limit our scope to merely searching the title.
4) When do I get my proceeds as a Seller?
The Seller will be given the proceeds from the sale after the deed has been recorded. In our office, we always record the documents the same day if the closing occurs before noon, and within 24 hours of closing in any event, barring weekends and holidays.
5) What happens if the house is not ready for me to move in on the day of closing?
If the house is not in the proper condition to move in at the time of closing, you will need to consult with an attorney. At our firm, if we are handling the closing, we will always strive to help the buyer with the predicament. Options include postponing the time of closing, giving a buyer credit, or escrowing funds from the seller until the property is in the proper condition.
6) Where does the closing take place?
The closing will occur at the attorney's office for the buyer. Occasionally, the closing may occur at the lender's office or a real estate agency, but the vast majority close at the attorney's office.
7) What form of money should I bring to the closing?
Buyers should bring a bank check or certified funds to closing. If one of these options is not available, buyers should make arrangements to wire funds directly to the closing attorney at least one business day prior to the day of closing. If verifiable funds are not present at the time of closing, the recording of the documents will be delayed and the buyer may not be able to move into the new home. Personal checks or cash are acceptable in nominal amounts up to a maximum of $1000.
8) What other obligations are there as a Seller of property?
The seller is obligated to produce a Smoke Detector and Carbon Monoxide Detector Certificate at the time of closing. To obtain a certificate, the seller or its agent must contact the fire department for the municipality in which the property lies to conduct the inspection.
9) Will I receive a survey of the property at the closing?
No. In Rhode Island, lenders do not require surveys. Unless the buyer requests a survey, no one will physically verify the boundaries of the property. In Massachusetts, a lender may require a plot plan of the property which does not formally locate all of the property boundaries, but it does locate the house in particular vicinity within the boundary lines.
10) Will I receive an appraisal of the property at the closing?
You are always entitled to a copy of the lender's appraisal if there is a lender involved on your behalf as a buyer. The appraisal is often presented at the closing, or it can be requested in writing.
11) What if my property is in a flood zone?
If the property you are purchasing is in a flood zone as depicted on the government maps, the lender will require you to obtain flood insurance. You should be careful of this whenever the property is near the water as flood insurance is often quite costly.
12) Does a title search or title insurance cover zoning issues?
No. Zoning determinations are completely separate from the title to the property. If you want an attorney to verify the zoning for you, an additional fee would be required.
David Slepkow is a Rhode Island lawyer practicing real estate law, divorce, family law & personal injury. Our firm, Slepkow Slepkow & Associates Inc. has been in existence for 75 years and has done over 30,000 real estate closings. Please goto http://www.slepkowlaw.com for more information or to contact attorney David Slepkow.
http://ezinearticles.com/?Rhode-Island-(RI)-Real-Estate-Law-Closings-And-Title-Attorneys-Lawyers&id=486637
Rhode Island RI Personal Injury Law FAQS - Automobile - Car Accident - Damages - Pain & Suffering
1) What if my child's parent works overtime? Will overtime be included in child support?
There is no standard law or rule in Rhode Island regarding whether or not the non-possessory parent's overtime will be used to calculate child support. One Judge in Rhode Island consistently rules that overtime compensation cannot be used to calculate child support.
Other Judges in Rhode Island have different opinions regarding overtime. The Family Court is a court of equity and fairness. Judges in Rhode Island will typically look at whether or not a person consistently works overtime over a substantial period of time. Judges may also look at whether or not overtime is consistently offered to a spouse. If overtime is infrequent or not typically offered Judges may be hesitant to calculate overtime as a factor of child support. In that case, many attorneys argue that a person's income should be calculated using their W2 or gross income for the entire calendar year. By calculating gross income over an entire calendar year even infrequent overtime becomes an element of child support.
Judges may also look at other factors such as the needs and expenses of both parties and any extraordinary expenses for the child. At least one Judge has suggested that the possessory parent get a percentage of the overtime that is worked by the non-possessory parent. Other Judges in Rhode Island believe that overtime should always be a factor in child support. Often the issue of overtime is negotiated by the lawyers prior to any formal ruling by the Judge.
2) My child is about to turn 18 but is still in high school and living at home, can I still get child support?
Under Rhode Island Law, child support should end when a child turns 18 and graduates high school. If the child is still in high school, then child support will continue until the child turns 19.
Child support in Rhode Island automatically continues even after the child turns 18 unless a Motion to terminate child support is filed. If you are a non-possessory parent, your best option is to contact a lawyer to file a Motion to Terminate Child Support approximately 40 days prior to your child turning 18 and graduating high school. This will mean that the motion will be heard on a court date soon after the child turns 18. Please note that the non-possessory parent can still be found in contempt for failure to pay child support even after the child turns 18 if there is no motion granted to terminate the child support. If a child is seriously disabled, child support shall continue until the child turns 21 years old.
3) Can I get my child's father to be ordered to pay for my child's college education?
In Rhode Island the Court has no jurisdiction to order a parent to pay for the college education of his/her child. However, if pursuant to a Property Settlement Agreement or other contract, one party agrees to pay for a child's education, then that agreement may be enforced by a court of law. Therefore, if you seek to have your child's parent pay for your child's college education, then you must negotiate payment of college expenses as part of a global settlement of the divorce or custody agreement or other similar agreement.
4) Who is going to pay for my child's daycare?
The Rhode Island minimum child support guidelines take into account both the importance and expense of daycare. The child support guidelines and worksheet are used to determine the proper amount of child support to be paid by the non-possessory parent. The bottom line is that a party will be ordered to pay approximately the same percentage of the daycare that the party makes in relation to that party's percentage of the combined gross income of both parties.
For example: If the husband makes $100,000.00 and the wife makes $50,000.00 the combined gross income for the parties is $150,000.00. Therefore, the husband makes 66 percent of the income and will be ordered to pay 66 percent of the daycare in addition to child support. (There may be an adjustment to take into account the federal tax credit.) This amount is added onto the minimum Child Support Guidelines amount.
5) How do I modify, increase or terminate child support in Rhode Island?
In Rhode Island child support can only be modified if there is a substantial change of circumstances. In order to get a substantial change of circumstances, the child support amount must be 10 percent more or less than the old child support order. The change in circumstances could result from loss of a job, increase of income of either party, new dependents, loss of overtime, unemployment, a disability, etc.
David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, child support, alimony custody and visitation. David has been practicing for over 9 years and is licensed in Rhode Island, Massachusetts and Federal Court. Please goto http://www.slepkowlaw.com to contact David Slepkow or to obtain more information. You can also call David Slepkow.
http://ezinearticles.com/?Rhode-Island-RI-Personal-Injury-Law-FAQS-Automobile-Car-Accident-Damages-Pain-and-Suffering&id=486527
There is no standard law or rule in Rhode Island regarding whether or not the non-possessory parent's overtime will be used to calculate child support. One Judge in Rhode Island consistently rules that overtime compensation cannot be used to calculate child support.
Other Judges in Rhode Island have different opinions regarding overtime. The Family Court is a court of equity and fairness. Judges in Rhode Island will typically look at whether or not a person consistently works overtime over a substantial period of time. Judges may also look at whether or not overtime is consistently offered to a spouse. If overtime is infrequent or not typically offered Judges may be hesitant to calculate overtime as a factor of child support. In that case, many attorneys argue that a person's income should be calculated using their W2 or gross income for the entire calendar year. By calculating gross income over an entire calendar year even infrequent overtime becomes an element of child support.
Judges may also look at other factors such as the needs and expenses of both parties and any extraordinary expenses for the child. At least one Judge has suggested that the possessory parent get a percentage of the overtime that is worked by the non-possessory parent. Other Judges in Rhode Island believe that overtime should always be a factor in child support. Often the issue of overtime is negotiated by the lawyers prior to any formal ruling by the Judge.
2) My child is about to turn 18 but is still in high school and living at home, can I still get child support?
Under Rhode Island Law, child support should end when a child turns 18 and graduates high school. If the child is still in high school, then child support will continue until the child turns 19.
Child support in Rhode Island automatically continues even after the child turns 18 unless a Motion to terminate child support is filed. If you are a non-possessory parent, your best option is to contact a lawyer to file a Motion to Terminate Child Support approximately 40 days prior to your child turning 18 and graduating high school. This will mean that the motion will be heard on a court date soon after the child turns 18. Please note that the non-possessory parent can still be found in contempt for failure to pay child support even after the child turns 18 if there is no motion granted to terminate the child support. If a child is seriously disabled, child support shall continue until the child turns 21 years old.
3) Can I get my child's father to be ordered to pay for my child's college education?
In Rhode Island the Court has no jurisdiction to order a parent to pay for the college education of his/her child. However, if pursuant to a Property Settlement Agreement or other contract, one party agrees to pay for a child's education, then that agreement may be enforced by a court of law. Therefore, if you seek to have your child's parent pay for your child's college education, then you must negotiate payment of college expenses as part of a global settlement of the divorce or custody agreement or other similar agreement.
4) Who is going to pay for my child's daycare?
The Rhode Island minimum child support guidelines take into account both the importance and expense of daycare. The child support guidelines and worksheet are used to determine the proper amount of child support to be paid by the non-possessory parent. The bottom line is that a party will be ordered to pay approximately the same percentage of the daycare that the party makes in relation to that party's percentage of the combined gross income of both parties.
For example: If the husband makes $100,000.00 and the wife makes $50,000.00 the combined gross income for the parties is $150,000.00. Therefore, the husband makes 66 percent of the income and will be ordered to pay 66 percent of the daycare in addition to child support. (There may be an adjustment to take into account the federal tax credit.) This amount is added onto the minimum Child Support Guidelines amount.
5) How do I modify, increase or terminate child support in Rhode Island?
In Rhode Island child support can only be modified if there is a substantial change of circumstances. In order to get a substantial change of circumstances, the child support amount must be 10 percent more or less than the old child support order. The change in circumstances could result from loss of a job, increase of income of either party, new dependents, loss of overtime, unemployment, a disability, etc.
David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, child support, alimony custody and visitation. David has been practicing for over 9 years and is licensed in Rhode Island, Massachusetts and Federal Court. Please goto http://www.slepkowlaw.com to contact David Slepkow or to obtain more information. You can also call David Slepkow.
http://ezinearticles.com/?Rhode-Island-RI-Personal-Injury-Law-FAQS-Automobile-Car-Accident-Damages-Pain-and-Suffering&id=486527
Rhode Island Child Support Law FAQS - Daycare, Overtime, Modification, College, Termination
1) What if my child's parent works overtime? Will overtime be included in child support?
There is no standard law or rule in Rhode Island regarding whether or not the non-possessory parent's overtime will be used to calculate child support. One Judge in Rhode Island consistently rules that overtime compensation cannot be used to calculate child support.
Other Judges in Rhode Island have different opinions regarding overtime. The Family Court is a court of equity and fairness. Judges in Rhode Island will typically look at whether or not a person consistently works overtime over a substantial period of time. Judges may also look at whether or not overtime is consistently offered to a spouse. If overtime is infrequent or not typically offered Judges may be hesitant to calculate overtime as a factor of child support. In that case, many attorneys argue that a person's income should be calculated using their W2 or gross income for the entire calendar year. By calculating gross income over an entire calendar year even infrequent overtime becomes an element of child support.
Judges may also look at other factors such as the needs and expenses of both parties and any extraordinary expenses for the child. At least one Judge has suggested that the possessory parent get a percentage of the overtime that is worked by the non-possessory parent. Other Judges in Rhode Island believe that overtime should always be a factor in child support. Often the issue of overtime is negotiated by the lawyers prior to any formal ruling by the Judge.
2) My child is about to turn 18 but is still in high school and living at home, can I still get child support?
Under Rhode Island Law, child support should end when a child turns 18 and graduates high school. If the child is still in high school, then child support will continue until the child turns 19.
Child support in Rhode Island automatically continues even after the child turns 18 unless a Motion to terminate child support is filed. If you are a non-possessory parent, your best option is to contact a lawyer to file a Motion to Terminate Child Support approximately 40 days prior to your child turning 18 and graduating high school. This will mean that the motion will be heard on a court date soon after the child turns 18. Please note that the non-possessory parent can still be found in contempt for failure to pay child support even after the child turns 18 if there is no motion granted to terminate the child support. If a child is seriously disabled, child support shall continue until the child turns 21 years old.
3) Can I get my child's father to be ordered to pay for my child's college education?
In Rhode Island the Court has no jurisdiction to order a parent to pay for the college education of his/her child. However, if pursuant to a Property Settlement Agreement or other contract, one party agrees to pay for a child's education, then that agreement may be enforced by a court of law. Therefore, if you seek to have your child's parent pay for your child's college education, then you must negotiate payment of college expenses as part of a global settlement of the divorce or custody agreement or other similar agreement.
4) Who is going to pay for my child's daycare?
The Rhode Island minimum child support guidelines take into account both the importance and expense of daycare. The child support guidelines and worksheet are used to determine the proper amount of child support to be paid by the non-possessory parent. The bottom line is that a party will be ordered to pay approximately the same percentage of the daycare that the party makes in relation to that party's percentage of the combined gross income of both parties.
For example: If the husband makes $100,000.00 and the wife makes $50,000.00 the combined gross income for the parties is $150,000.00. Therefore, the husband makes 66 percent of the income and will be ordered to pay 66 percent of the daycare in addition to child support. (There may be an adjustment to take into account the federal tax credit.) This amount is added onto the minimum Child Support Guidelines amount.
5) How do I modify, increase or terminate child support in Rhode Island?
In Rhode Island child support can only be modified if there is a substantial change of circumstances. In order to get a substantial change of circumstances, the child support amount must be 10 percent more or less than the old child support order. The change in circumstances could result from loss of a job, increase of income of either party, new dependents, loss of overtime, unemployment, a disability, etc.
David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, child support, alimony custody and visitation. David has been practicing for over 9 years and is licensed in Rhode Island, Massachusetts and Federal Court. Please goto http://www.slepkowlaw.com to contact David Slepkow or to obtain more information. You can also call David Slepkow. 401-437-1100
http://ezinearticles.com/?Rhode-Island-Child-Support-Law-FAQS-Daycare,-Overtime,-Modification,-College,-Termination&id=484859
There is no standard law or rule in Rhode Island regarding whether or not the non-possessory parent's overtime will be used to calculate child support. One Judge in Rhode Island consistently rules that overtime compensation cannot be used to calculate child support.
Other Judges in Rhode Island have different opinions regarding overtime. The Family Court is a court of equity and fairness. Judges in Rhode Island will typically look at whether or not a person consistently works overtime over a substantial period of time. Judges may also look at whether or not overtime is consistently offered to a spouse. If overtime is infrequent or not typically offered Judges may be hesitant to calculate overtime as a factor of child support. In that case, many attorneys argue that a person's income should be calculated using their W2 or gross income for the entire calendar year. By calculating gross income over an entire calendar year even infrequent overtime becomes an element of child support.
Judges may also look at other factors such as the needs and expenses of both parties and any extraordinary expenses for the child. At least one Judge has suggested that the possessory parent get a percentage of the overtime that is worked by the non-possessory parent. Other Judges in Rhode Island believe that overtime should always be a factor in child support. Often the issue of overtime is negotiated by the lawyers prior to any formal ruling by the Judge.
2) My child is about to turn 18 but is still in high school and living at home, can I still get child support?
Under Rhode Island Law, child support should end when a child turns 18 and graduates high school. If the child is still in high school, then child support will continue until the child turns 19.
Child support in Rhode Island automatically continues even after the child turns 18 unless a Motion to terminate child support is filed. If you are a non-possessory parent, your best option is to contact a lawyer to file a Motion to Terminate Child Support approximately 40 days prior to your child turning 18 and graduating high school. This will mean that the motion will be heard on a court date soon after the child turns 18. Please note that the non-possessory parent can still be found in contempt for failure to pay child support even after the child turns 18 if there is no motion granted to terminate the child support. If a child is seriously disabled, child support shall continue until the child turns 21 years old.
3) Can I get my child's father to be ordered to pay for my child's college education?
In Rhode Island the Court has no jurisdiction to order a parent to pay for the college education of his/her child. However, if pursuant to a Property Settlement Agreement or other contract, one party agrees to pay for a child's education, then that agreement may be enforced by a court of law. Therefore, if you seek to have your child's parent pay for your child's college education, then you must negotiate payment of college expenses as part of a global settlement of the divorce or custody agreement or other similar agreement.
4) Who is going to pay for my child's daycare?
The Rhode Island minimum child support guidelines take into account both the importance and expense of daycare. The child support guidelines and worksheet are used to determine the proper amount of child support to be paid by the non-possessory parent. The bottom line is that a party will be ordered to pay approximately the same percentage of the daycare that the party makes in relation to that party's percentage of the combined gross income of both parties.
For example: If the husband makes $100,000.00 and the wife makes $50,000.00 the combined gross income for the parties is $150,000.00. Therefore, the husband makes 66 percent of the income and will be ordered to pay 66 percent of the daycare in addition to child support. (There may be an adjustment to take into account the federal tax credit.) This amount is added onto the minimum Child Support Guidelines amount.
5) How do I modify, increase or terminate child support in Rhode Island?
In Rhode Island child support can only be modified if there is a substantial change of circumstances. In order to get a substantial change of circumstances, the child support amount must be 10 percent more or less than the old child support order. The change in circumstances could result from loss of a job, increase of income of either party, new dependents, loss of overtime, unemployment, a disability, etc.
David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, child support, alimony custody and visitation. David has been practicing for over 9 years and is licensed in Rhode Island, Massachusetts and Federal Court. Please goto http://www.slepkowlaw.com to contact David Slepkow or to obtain more information. You can also call David Slepkow. 401-437-1100
http://ezinearticles.com/?Rhode-Island-Child-Support-Law-FAQS-Daycare,-Overtime,-Modification,-College,-Termination&id=484859
Rhode Island Divorce Law- Equitable Division Assets By a Rhode Island Divorce Lawyer
1. What assets are marital property under Rhode Island law (RI) subject to being divided by the court in a divorce?
In Rhode Island, all assets acquired by the parties (with limited exceptions as set forth below) during the course of the marriage constitute marital property subject to equitable division by the Family Court. However, gifts and inheritances are not marital property subject to being divided unless the parties co-mingle the assets. A co-mingling could occur if a person puts the other spouse’s name on an account or puts the other spouse’s name on the deed to real estate.
The appreciation in value of gifts or inheritance during the course of the marriage does not constitute marital property. There are also other assets that although obtained during the course of the marriage do not constitute marital assets, such as personal injury settlement relating to pain and suffering and certain types of disability pensions. Please note that personal injury settlements pertaining to lost wages or other similar such damages do in fact constitute marital property.
Property acquired prior to the date of the marriage is not marital property. However, the appreciation in value of that account, real estate or property, is marital property. For example, if husband had an IRA account with $20,000 on the date of the marriage and the IRA account increased during the course of the marriage, the portion of the increase in value of the IRA would be marital property.
2. Because Rhode Island is a no fault state, does that mean the assets are always divided 50% to the wife and 50% to the husband in a divorce?
No. A no fault divorce in Rhode Island simply means that a fault grounds is not necessary in order to obtain a divorce in Rhode Island. In other words, all the parties have to prove to obtain a divorce in Rhode Island is irreconcilable differences that led to the breakdown of the marriage. However, the parties are free to allege other various fault grounds as a cause of the break up of the marriage.
3. How does fault affect a Rhode Island (RI) divorce?
Even though Rhode Island is a no fault state, fault can play a very important role in how the court equitably divides the assets and debts of the parties. After the family court has determined what assets are in fact marital assets, then the court will look at various factors to determine the equitable division of assets. The court may consider the following factors in determining equitable assignment of the property.
a) The length of the marriage;
b) The conduct of the parties during the marriage;
c) The contribution of each of the parties during the marriage in the acquisition, preservation or appreciation in value of their respective estates;
d) The contribution and services of either party as a homemaker;
e) The health and age of the parties;
f) The amount and sources of income of each of the parties
g) The occupation and employability of each of the parties;
h) The opportunity of each party for future acquisition of capital assets and income;
- Source: R.I.G.L. 15-5-16.1 (Rhode Island General Laws)
among other factors which are set forth in R.I.G.L. 15-5-16.1. That statute specifically states that the court can consider any factor which the court so expressly finds to be just and proper.
Please note that in many cases the parties decide to divide the property 50% to the wife and 50% to the husband. One of the most important factors the judge will look at in granting the husband or wife a disproportionate share of the marital assets is if the other party had an affair, was emotionally or physically abusive or had substantial drug and alcohol problems. The court will also look at other negative conduct in awarding a disproportionate share of the marital assets. It is not uncommon for a judge to award a 60/40 or 55/45 distribution if the court finds that one party had an extra marital affair and that affair led to the breakdown of the marriage.
4. Can the Rhode Island Family Court defer a sale of the marital home for the child/children?
If one of the parties requests a deferred sale of the home, then the court must determine whether or not it is economically feasible for the person who is living in the home to pay the mortgage, liens, taxes and insurance on the home until the home is sold. In making that determination the court will look at the income of the resident parent, any alimony the parent receives, child support and other source of income to make those payments. The intent of this law is to prevent foreclosures, uninsured property, and deterioration of the marital home and to protect the parents’ equity in the house. R.I.G.L. 15-5-16
After the court determines that it is “economically feasible” for the parent to remain in the house with the minor child, the court will consider whether it is in the best interests of the minor child or children to live in the house. The court will use its discretion in making this determination.
In most cases where there are children and the custodial parent can afford the marital home, the court will exercise its discretion and allow the children to remain in the house for a period of time, which may be until the youngest turns 18 years old and graduates from high school.
In the event that the court defers the sale of the house, the court will usually determine the equity in the house. The court will determine the equitable share of the person leaving the marital domicile. In many cases, if the parties cannot agree to the fair market value of the real estate then the parties will need to hire real estate appraisers. The court will hear testimony from the appraisers and determine the fair market value of the home. In some cases the parties agree to use the same real estate appraiser. Please note that in the vast majority of cases, these matters are settled out of court prior to any trial or hearing.
After the period of deferment the house must be sold and the parent who is out of the house will be paid his or her equitable share at that time. The court will usually order a mortgage to protect the person who is owed money for their equitable share. The court may also award interest on the mortgage. If the court orders a deferred sale of the house, it can be modified or terminated at the discretion of the court. If the party living in the house with the children remarries or there is a substantial change of circumstances in the economic status of the person living in the house, then the property may be ordered sold.
In many cases when the custodial parent can afford an increased mortagage payment, the parties will settle with the custodial parent refinancing and buying out the noncustodial parents equitable share of the equity in the house. At that refinance the non custodial parent receives cash and typically deeds over his/her interest in the house to the custodial parent.
Please call me or use my convenient contact for at my website if you have further question or need any help.
David Slepkow is a Rhode Island attorney / lawyer concentrating in divorce, family law, personal injury, automobile accidents, child support, child custody and visitation. He is a partner at Slepkow Slepkow & Associates, Inc in East Providence RI. He is a member of the Rhode Island Bar, Massachusetts Bar and the federal Bar for the First Circuit District of Rhode Island. David Slepkow has been practicing for ten years and is a member of the Rhode Island Family court Inns Of Court. Please go to http://www.slepkowlaw.com for more information or to contact David Slepkow. Please call Rhode Island divorce Attorney, David Slepkow at 401-437-1100 with any questions! The first consult is always free.
http://ezinearticles.com/?Rhode-Island-Divorce-Law-Equitable-Division-Assets-By-a-Rhode-Island-Divorce-Lawyer&id=483171
In Rhode Island, all assets acquired by the parties (with limited exceptions as set forth below) during the course of the marriage constitute marital property subject to equitable division by the Family Court. However, gifts and inheritances are not marital property subject to being divided unless the parties co-mingle the assets. A co-mingling could occur if a person puts the other spouse’s name on an account or puts the other spouse’s name on the deed to real estate.
The appreciation in value of gifts or inheritance during the course of the marriage does not constitute marital property. There are also other assets that although obtained during the course of the marriage do not constitute marital assets, such as personal injury settlement relating to pain and suffering and certain types of disability pensions. Please note that personal injury settlements pertaining to lost wages or other similar such damages do in fact constitute marital property.
Property acquired prior to the date of the marriage is not marital property. However, the appreciation in value of that account, real estate or property, is marital property. For example, if husband had an IRA account with $20,000 on the date of the marriage and the IRA account increased during the course of the marriage, the portion of the increase in value of the IRA would be marital property.
2. Because Rhode Island is a no fault state, does that mean the assets are always divided 50% to the wife and 50% to the husband in a divorce?
No. A no fault divorce in Rhode Island simply means that a fault grounds is not necessary in order to obtain a divorce in Rhode Island. In other words, all the parties have to prove to obtain a divorce in Rhode Island is irreconcilable differences that led to the breakdown of the marriage. However, the parties are free to allege other various fault grounds as a cause of the break up of the marriage.
3. How does fault affect a Rhode Island (RI) divorce?
Even though Rhode Island is a no fault state, fault can play a very important role in how the court equitably divides the assets and debts of the parties. After the family court has determined what assets are in fact marital assets, then the court will look at various factors to determine the equitable division of assets. The court may consider the following factors in determining equitable assignment of the property.
a) The length of the marriage;
b) The conduct of the parties during the marriage;
c) The contribution of each of the parties during the marriage in the acquisition, preservation or appreciation in value of their respective estates;
d) The contribution and services of either party as a homemaker;
e) The health and age of the parties;
f) The amount and sources of income of each of the parties
g) The occupation and employability of each of the parties;
h) The opportunity of each party for future acquisition of capital assets and income;
- Source: R.I.G.L. 15-5-16.1 (Rhode Island General Laws)
among other factors which are set forth in R.I.G.L. 15-5-16.1. That statute specifically states that the court can consider any factor which the court so expressly finds to be just and proper.
Please note that in many cases the parties decide to divide the property 50% to the wife and 50% to the husband. One of the most important factors the judge will look at in granting the husband or wife a disproportionate share of the marital assets is if the other party had an affair, was emotionally or physically abusive or had substantial drug and alcohol problems. The court will also look at other negative conduct in awarding a disproportionate share of the marital assets. It is not uncommon for a judge to award a 60/40 or 55/45 distribution if the court finds that one party had an extra marital affair and that affair led to the breakdown of the marriage.
4. Can the Rhode Island Family Court defer a sale of the marital home for the child/children?
If one of the parties requests a deferred sale of the home, then the court must determine whether or not it is economically feasible for the person who is living in the home to pay the mortgage, liens, taxes and insurance on the home until the home is sold. In making that determination the court will look at the income of the resident parent, any alimony the parent receives, child support and other source of income to make those payments. The intent of this law is to prevent foreclosures, uninsured property, and deterioration of the marital home and to protect the parents’ equity in the house. R.I.G.L. 15-5-16
After the court determines that it is “economically feasible” for the parent to remain in the house with the minor child, the court will consider whether it is in the best interests of the minor child or children to live in the house. The court will use its discretion in making this determination.
In most cases where there are children and the custodial parent can afford the marital home, the court will exercise its discretion and allow the children to remain in the house for a period of time, which may be until the youngest turns 18 years old and graduates from high school.
In the event that the court defers the sale of the house, the court will usually determine the equity in the house. The court will determine the equitable share of the person leaving the marital domicile. In many cases, if the parties cannot agree to the fair market value of the real estate then the parties will need to hire real estate appraisers. The court will hear testimony from the appraisers and determine the fair market value of the home. In some cases the parties agree to use the same real estate appraiser. Please note that in the vast majority of cases, these matters are settled out of court prior to any trial or hearing.
After the period of deferment the house must be sold and the parent who is out of the house will be paid his or her equitable share at that time. The court will usually order a mortgage to protect the person who is owed money for their equitable share. The court may also award interest on the mortgage. If the court orders a deferred sale of the house, it can be modified or terminated at the discretion of the court. If the party living in the house with the children remarries or there is a substantial change of circumstances in the economic status of the person living in the house, then the property may be ordered sold.
In many cases when the custodial parent can afford an increased mortagage payment, the parties will settle with the custodial parent refinancing and buying out the noncustodial parents equitable share of the equity in the house. At that refinance the non custodial parent receives cash and typically deeds over his/her interest in the house to the custodial parent.
Please call me or use my convenient contact for at my website if you have further question or need any help.
David Slepkow is a Rhode Island attorney / lawyer concentrating in divorce, family law, personal injury, automobile accidents, child support, child custody and visitation. He is a partner at Slepkow Slepkow & Associates, Inc in East Providence RI. He is a member of the Rhode Island Bar, Massachusetts Bar and the federal Bar for the First Circuit District of Rhode Island. David Slepkow has been practicing for ten years and is a member of the Rhode Island Family court Inns Of Court. Please go to http://www.slepkowlaw.com for more information or to contact David Slepkow. Please call Rhode Island divorce Attorney, David Slepkow at 401-437-1100 with any questions! The first consult is always free.
http://ezinearticles.com/?Rhode-Island-Divorce-Law-Equitable-Division-Assets-By-a-Rhode-Island-Divorce-Lawyer&id=483171
Subscribe to:
Posts (Atom)