November 2011 Archives

3 Major Ways You Can Control Huge Costs in Your RI Divorce?

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That largest cost of any divorce is almost always the amount you pay to your divorce lawyer.

So how can you control that cost? Here are 3 major ways you can take control of that cost.

1) Shopping around and doing your homework before hiring a lawyer can save you thousands or tens of thousands of dollars in divorce lawyer fees. If you truly want to save money then you will "bargain" shop like many people do for christmas presents. All attorneys are not the same and their rates and billing arrangements are not all the same. It is better to exercise patience and take your time finding for a good lawyer who knows divorce well and charges a reasonable fee for his or her services. Always remember the wise old adage, "An ounce of prevention is worth a pound of cure."

2) Speak with your spouse and reach an agreement on your own to bring your case to a reasonable resolution if at all possible. It's best not to let your attorney sway you from what you believe to be a reasonable resolution that you can live with simply because your lawyer doesn't agree. Remember that this is your life with your spouse. When it comes to what is "reasonable" for a resolution to your marriage, your lawyer may know the law but only you know what you consider reasonable for a settlement. Ultimately, the longer your divorce takes, the more money the lawyers make and the less money and property you end up with.

3) Remember to tell your lawyer that you want the lawyer to talk to you about each action to be taken in your divorce and how much time it will take or how much it will cost you for the work to be done. If possible have the lawyer put it in writing, even if it is only via an email. If you don't want the action taken then make sure to inform your lawyer in writing whether you would like the action taken or not. Ultimately, your lawyer is your guide through the proceeding, but as the client you have the ultimate right to make decisions over what happens in your case. If you hand the case over to the lawyer and things aren't clear between you and your own lawyer, then don't be surprised if your divorce lawyer starts filing motions and sending out documents that may not be needed at all. You could save yourself a lot of money by preventing your divorce lawyer from doing work that is not necessary in a case if it can be resolved early simply by communication between you and your spouse or exchanges of offers and counteroffers until you arrive at a settlement.

The worst thing you can do is to simply hire a divorce lawyer and turn everything over to him or her and expect that things will be done the way you would like them done.

Revised DR-6 RI Financial Form for filing in Rhode Island Divorce Cases

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If you don't already know, the DR-6 Statement of Assets and LIabilities has been updated.  If you've picked up a Rhode Island Divorce Packet or other documents for filing Motions such as Modification of Child Support in the past three weeks, make sure that you have the CORRECT forms of you may find yourself frustrated when you get to the family court for filing.

The DR-6 Financial Statement of Assets that has been used by the Rhode Island Family Court that has been used for years has undergone a MAJOR OVERHAUL including the requirement that it be on a green colored paper.

The one that you is online at the Rhode Island Family Court Forms page as of yesterday appears to be the updated form for the Statement of Assets except that it is a clear form but needs to be printed on Green paper.  Presumably this Rhode Island form will still be available when requesting a standard Rhode Island Divorce Packet from any of the Rhode Island Family Court Clerk's Offices in any of the county family courts since it might be prohibitive not to provide the form on green paper for people who need or choose to represent themselves since it may be difficult to buy green paper in packages of 9 pages each.

However, this is a substantially important document which must be submitted in many Rhode Island Family Court Cases and it is required so don't take this form lightly.

See my posting on RI Chief Judge Bedrosian's new Family Court Administrative Order addressing the form in my posting on the Administrative Order located at  

Dear Rhode Island Divorce Coach,

I need help and I can't afford to hire a Rhode Island Divorce Lawyer or even pay your coaching fee.  Yes, financially I'm doing pretty bad since I got laid off after 15 years.  I've made good money but now unemployment is going to run out and I don't even know how I'm going to afford food or rent.  She just want's child support again for my son again and she says it's my problem.

My ex and I have been divorced for almost 9 years.  We had two kids together.  My daughter is 19 years old and she's going to Rhode Island Community College and doing great.  My son a great kid.  He is somewhat learning disabled and I've been told he has the mental age of 13 even though he's almost 21 years old.  

The Rhode Island family court terminated my child support for my daughter just shortly after she turned 18 and again for my son at age 19.

My ex-wife is taking me back into court to get child support for my son.  She says she'll get it because he is learning disabled and is still living at home with her.

There's no chance she can do, is there?  I mean, once the court tells me I don' t have to pay anymore I'm done, right?

J from Pawtucket.

The Rhode Island Divorce Coach's Answer:
      
     J.  I certainly can't give you an exact answer because lawyers don't make the decisions, it's the Judge's that do that and it is all based upon all the circumstances and I can never be sure if you've given me all the circumstances or how a judge might view them depending upon how they are presented in court.

     I can tell you that effective July 9, 2011 the law regarding this subject changed.  Specifically, General Laws 15-5-16.2(b) which provides the fundamental considerations the court must consider when determining the child support for children who have a severe physical or mental impairment and are still living with or under the care of a parent even beyond the child's emancipation date as set forth in the statute (deemed to be 19 years old at the latest) has been modified.

While the Rhode Island Family court was already afforded the power to issue a child support order for the severely physically or mentally disabled child beyond the age of 19 in its discretion provided the court found that continued child support was warranted under the circumstances.  

Now, in your case you have told me that before the law was changed your child support obligation for your son was terminated by the family court.  You don't mention anything about whether the court determined if your son with physically or mentally impaired, or if your son was living with either you or your ex-wive at the time your child support obligation for him was terminated, so I will address the change in the law.  You should then apply what the change in the law states to your situation since it would be improper for me to speculate on your situation without asking you further questions during a paid coaching session.

Rhode Island General Laws 15.5-16.2 (b) which provides the factors a court must consider when deciding to expand child support beyond a child's 19th birthday has been amended.  As of July 9, 2011, the following addition was inserted after the factors the court must consider.

"If a child support order for a child with a severe physical or mental impairment has been terminated, suspended or expired, the court shall consider the factors in this paragraph and has the discretion to order child support for this child prospectively based upon established child support guidelines."

Essentially this law seems to give the Rhode Island Family Court the power to award child support on a "going forward basis" even after a child's 19th birthday if the child has or had * a "severe physical or mental impairment" and a child support order for that child was terminated, suspended, or expired.  

However, in a nut shell it now makes it possible for your ex-wife to at least petition the court for a continuation of child support if the court determines that your son's condition constitutes a severe physical or mental impairment.

Therefore, based upon the new addition to the law, it IS possible that your ex-wife could take you back to court and be awarded child support for your son on a going forward basis even if your child support was previously terminated provided the court finds that your son's condition meets all the criteria required by that law.

You will want to look at cases determining what constitutes a severe physical or mental impairment under other Rhode Island cases.

I'm sorry that the answer isn't as simple as you might like it.  However, the law can get very complex and often rests on different interpretations and arguments that can be made.  That's why it is always important, in the very least, to seek the advice of an experienced divorce and family law practitioner on matters such as these.

[ *Important Note on Bolded Text:  It is unclear from this addition in Rhode Island General Laws 15-5-16.2(b) whether the child had to have the severe physical or mental impairment (a) At the time the previous Rhode Island child support order was issued, (b) At the time the previous Rhode Island child support order was terminated, or (c) whether the child could have acquired the severe physical or mental impairment at any time after the date the child support order that was terminated was made by the court. ]

I hope you found this of help to you.  Should you need any further assistance, please contact me for an affordable legal advice or Rhode Island Family Law Coaching session from an experienced Rhode Island Divorce and Family Law and Divorce Lawyer and Coach.

My best of luck to you J.