Additional Information:

One of my kids is graduating from Providence College next month.  The settlement agreement says kids are emancipated upon completion of a four year degree. Can I stop paying child support as soon as he graduates or must I file something with the Court?

ATTORNEY ANSWER:

Interesting question. I think you probably must file a motion to stop the payment of support. While support in RI normally terminates upon graduation form high school, it sounds like you contracted to pay for a longer period of time. As such, it may be necessary to have a court affirm that the obligation is over. Moreover, RI has recently passed legislation allowing for child support to essentially go on permanently and you want to make sure you get a definitive ruling terminating your obligation.  [Read more...]

Additional Information:

Can my wife that I have been separated from for 30 years get half of my house and 401k?  I married my wife in ’82 and we separated in ’85. We didn’t get divorced but we are both seeing someone else. She has her own place and also retirement benefits from her job,  so can she really get half of my home in Elmwood and take half of my 401k when we get divorced?

ATTORNEY ANSWER:

Unfortunately, she has a very solid claim to ½ of your home. Of course you also have a claim to ½ of her 401k or home. Any assets acquired by either of you are subject to potential division. In your case, you may be able to argue that she never contributed to the acquisition or preservation of the asset and as such should not be entitled to the home. However, your failure to file a divorce in over thirty year unfortunately has consequences.  [Read more...]

Additional Information:

My boyfriend and I got married 3 months ago, and I now realize we rushed into things.  How do I know if I am eligible for getting an annulment in Rhode Island?

ATTORNEY ANSWER:

Unfortunately, the fact that you rushed into it is not a basis for an annulment. While you certainly may regret getting married, unless you can prove that you had no idea what you were doing when you married or did not marry the actual person you thought you were marrying, you have little or no chance to annul a marriage.   [Read more...]

Additional  Information:

I left my husband a couple of years ago and moved out of state (I’m in Cranston, Rhode Island now but we were married in Boston). When I moved, we just needed some time apart.   I don’t plan to remarry and don’t expect he would either.  Are there any issues with remaining separated indefinitely or do we actually have to get divorced?

ATTORNEY ANSWER:

Absolutely, you have many issues. First, all assets acquired during your separation are most likely subject to division. Of course, this also means that any debt each of you acquires may be subject to joint responsibility. If you have children, a prolonged separation could have a significant affect on custody and visitation. If you plan to stay separated you should talk to a good attorney as soon as possible.   [Read more...]

Additional Information:

My wife and I are getting divorced.  She took out a loan so she could go back to school at URI.  She said she would use the degree to get a job, but she hasn’t finished the program so technically the “community” hasn’t benefited from her going to school.  Will I be liable for half of the loan?

ATTORNEY ANSWER:

You probably will not have to contribute anything to your wife’s school loans. School loans in RI almost always stay with the person who incurred them and are not subject to marital distribution.  [Read more...]

Additional Information:

My husband married me for my family’s money.  We’ve been married for 5 years, have 3 kids and a house worth $2.5 M in East Greenwich. He took care of all the finances and I just found out that he has depleted our bank accounts.  He came into the marriage with next to nothing ($10K) I thought he truly loved me but now I see that he doesn’t care about me or the kids, he was just interested in my family’s money.  I now see why we should have signed a prenuptial agreement.  Will he be entitled to half of our property when we divorce?

ATTORNEY ANSWER:

I can obviously understand your concern, however, without much more information I cannot answer your question completely. Notwithstanding, inherited property is NOT subject to distribution in a divorce. However, if you take inherited property and commingle it by putting your husbands name on the property, you could end up having to share that with him. He will be entitled to a portion of the property that is marital in nature. Martial property generally does not include inherited property, gifted property and pre-marital property. Of course there are always exceptions and you should speak to a good divorce lawyer to learn about your rights.  [Read more...]

Additional Information:

My wife and I have been married for 21 years.  We were high school sweethearts in Cranston, RI.  Throughout our marriage, I supported her and the kids and she’s always been a stay at home mom.  We are now going through a divorce and she just received an inheritance of over $200,000.  Am I entitled to 50%?

ATTORNEY ANSWER:

No you are not entitled to a portion of her inheritance. Inherited property is specifically excluded from the marital estate by Rhode Island law. However, if she commingles the money into a joint account, you may be able to make some claim to it.
[Read more...]

Additional Information:

Can the provisions of a divorce be changed after finalization?  I don’t think we considered all of the children’s expenses when we were getting divorced.  Now that the divorce is finalized and we’re settled into our new apartment in Providence, I don’t have enough money to do the things I want to do or that the kids want to do with the child support and alimony from my ex.  What is the process in RI to change the divorce agreement?   What should I do?

ATTORNEY ANSWER:

Generally, all provisions in a divorce agreement relative to the distribution of assets and debt are NOT modifiable, without an agreement by the parties. Child custody, support and visitation as well as some Alimony provisions are always modifiable by filing motions in the Family Court. [Read more...]

Additional Information:

I have been separated (not legally) from my husband for over a year and half. I live in Barrington and he lives in Bristol. We are both on good terms and share custody of our 2 children.  He currently pays for daycare for our son and I’d like to ask him to help with half of the children’s medical/dental expenses.  We have no assets to split, should we look into mediation?

ATTORNEY ANSWER:

The absolute best way is to spend an hour sitting with a qualified Divorce attorney who can advise you and discuss your case. You raise issues that probably require a thorough explanation and discussion. Mediation is not always a good option, particularly because someone or both of you will have to hire attorneys after the mediation. The end result is paying three attorneys instead of two. [Read more...]

ATTORNEY ANSWER:

Your IRA probably can not be garnished. Most tax qualified retirement assets are protected from Judgments and garnishments. An order for child support would fall under this rule. You should be ok. [Read more...]