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Rhode Island Divorce Health Insurance Mistakes that Divorce Lawyers Sometimes Make!

Either some Rhode Island divorce lawyers today still make a significant mistake about health insurance coverage laws or their clients misunderstand what has been explained to them.

Within the past month I have heard several clients tell me that they already expect to pay for their spouse's health insurance even though they don't want to because their spouse's lawyer has said to the spouse that the law requires them to.  

If that was in any way unclear, an example goes something like this.

Darlene and Francis are getting divorced.  Darlene is worried about having continued health insurance on her husband's health insurance policy after she is divorced from Francis.  

Attorney Grange represents Darlene.  Attorney Grange advises Darlene that the Rhode Island Insurance Continuation Act requires Francis to keep her on his health insurance and to keep paying for it at no cost to her.  Darlene now feels safe that she will have continued health insurance even after her divorce from Francis is final.

What's the catch?  Darlene's Rhode Island divorce attorney has given her incorrect legal advice.

Too many lawyers make this mistake in divorce proceedings.

Rhode Island's Insurance Continuation Act is not directed at the parties in the divorce.  Rather, the Insurance Continuation Act (R.I. General Laws 27-20.4-1 et seq.) tells the health insurance carrier what it may or or may not do under certain circumstances and depending upon what is stated in the parties' judgment of divorce.

Rhode Island's Insurance Continuation Act doesn't tell Francis what he can or can't do at all.  Nor does the Insurance Continuation Act guarantee Darlene that she will have health insurance coverage through her husband's health insurance plan after they are divorced.

Here is the section of the Insurance Continuation Act that Attorney Grange should have reviewed before advising his client on this important divorce issue.

§ 27-20.4-1. Continuation of health plan coverage for former spouse

(a) In the event of a final judgment of divorce, whether absolute or otherwise, where one party to the divorce was at the time of the entry of the judgment for divorce a member of a health plan providing family coverage regulated under chapters 18, 19, 20, or 20.1 of this title and § 42-62-13, or a member of a health maintenance organization as defined in § 42-62-4(5), or any similar health plan whether regulated under these chapters and sections or not, the person who was the spouse of the party prior to the entry of judgment for divorce may remain eligible for continuing benefits under the plan and health maintenance organization without additional premium or examination if the order is included in the judgment when entered. The eligibility shall continue as long as the original member is a participant in the plan or health maintenance organization and until either one of the following shall take place: (1) the remarriage of either party to the divorce, or (2) until a time as provided by the judgment for divorce. If the person who was the spouse of a member of a plan or health maintenance organization as set forth in this subsection becomes eligible to participate in a comparable plan or health maintenance organization through his or her own employment, the continuation of the original plan coverage shall cease. Any final decree continuing family health insurance shall require both the member and the spouse to notify the insurer promptly of any remarriage.

(b) The person who was the spouse and remains eligible for continuing benefits under the provisions of this section or any custodial guardian of an insured minor child of the original member, having paid for covered medical costs subject to reimbursement, shall be reimbursed directly by the insurer upon the filing of the claim. The insurer shall not require that the claim be filed through the insured member, but must allow for direct filing.

 

Continued health insurance between spouses still is an aspect of the divorce that must be negotiated between the parties.  In some exceptional cases, some federal laws may provide that the ex-spouse may not be covered at all once the final judgment of divorce enters.  However, in most cases the insurance coverage is still something that has to be worked out.

The final judgment of divorce might state that Darlene could remain on Francis' insurance at no cost to her as part of their Marital Settlement Agreement until the Final Judgment of Divorce enters.

It is also possible that the parties agree that Darlene may continue on the health insurance indefinitely (or as long as allowed by the insurance carrier) as long as she pays the difference in cost between the individual plan for Francis and the cost of the family plan so that Darlene will have continue to be covered.

There are any number of different types of agreements that might be reached between spouses regarding the Health Insurance Coverage after the divorce depending upon the circumstances.

However, there is no law in Rhode Island that requires the member subscriber to continue your coverage at his or her cost.  If you hear this from your divorce attorney, you may want to have him or her show you the law that states this.

Remember, attorneys are present because every case is based upon the facts.  All cases are fact specific and most legal advice given by your attorney will relate specifically to the facts of your case and arguments that could be made on your behalf.  However, mandatory coverage by the spouse carrying the health insurance so the other spouse is guaranteed continued health insurance coverage is not currently a requirement in the Rhode Island General Laws as of the final session of the General Assembly in 2010 as codified.

If your divorce attorney insists that Rhode Island law guarantees you continued health insurance without reaching an agreement with your spouse that he or she agrees to provide continued health insurance to you at no additional cost, my suggestion is to get a second opinion or require your divorce lawyer to show you exactly where the law requires it.

This article was written March 31, 2011.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

  Rhode Island's Full-Time Divorce* Lawyer is Now
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Is Your Rhode Island Divorce Attorney your Divorce Problem? Think Twice!

In Rhode Island Divorce cases there is no shortage of disgruntled clients for Rhode Island attorneys because of the emotional nature of divorce and the fact that in many cases someone is going to leave the divorce upset that they didn't get the sofa, the china, the big screen television, enough visitation, a larger portion of their spouse's retirement plan or maybe the dog.

Unfortunately, we as Rhode Island divorce attorneys are blamed by some clients when things don't go the way we'd like in our divorce.

Are you unhappy with your lawyer?  Ask yourself why?  Is it simply because things aren't going your way in your divorce?  If so, why is that?  Is the other attorney playing dirty?  Is the judge quick to make judgments without hearing your side of the story?  Are you providing your divorce attorney with the information he or she needs to protect your interests correctly?  

Before making a judgment about whether your Rhode Island divorce attorney is your problem, consider that there are many factors outside your lawyer's control.  
 Here are just a few: 

1)   The judge and what he or she may be predisposed to think about certain issues;

2)   The opposing attorney and the argument(s) he or she may make on behalf of your spouse;

3)  Whether your attorney was caught unaware by the court hearing or process due to scheduling changes;

4)  The difficulty of your spouse and/or her lawyer in prolonging the matter or being unreasonable in resolving various issues; 

5)  Whether you are providing your divorce attorney with the information he or she has requested in a timely manner so you can be properly represented;

6)  Whether your expectations regarding what you want are unrealistic  and you simply want what you want regardless of what your divorce attorney may be telling you; 

7)  The timing of your divorce attorney's involvement in your case; and

8)  The facts and circumstances of your particular marital situation and how they are represented to him or her.

These are just a few of the factors that are outside your divorce attorney's control.  So, as you might imagine, any divorce attorney has to be prepared to adjust as much as possible and adapt to these eight factors and others that may (and probably will arise) in the course of your case.

Before flying off the handle at your divorce attorney, consider that he or she may be a victim of circumstance and that he or she may be adjusting as quickly as possible to the changing circumstances with your case.

I am frequently consulted to give second opinions regarding my fellow divorce and family law attorneys to let client's know whether or not what I'm being told about the case is out of the ordinary for the typical divorce attorney in Rhode Island.  In many cases, people are surprised when I explain to them why their attorney has addressed issues and treated their case well within the bounds of reason, discretion and skill.  

In some cases, it is apparent that a person's attorney has diverged from standard and reasonable divorce practice and ethical standards and I have no problem informing the client of that fact and the actions that the client should reasonably be able to expect.  Often, the client expects even more than I advise them of with respect to their attorney and it becomes my unfortunate task to explain to the client that they are being unrealistic in their expectations regarding how they expect their attorney to perform both in and out of court.

In the occasional case, I will be forthright with the client and advise him or her based upon the timing and the circumstances as to whether they should consider interviewing new counsel based upon substantial deviance from standard divorce and/or legal practice generally among Rhode Island attorneys.

In a nutshell, think twice before lashing out or blaming your divorce attorney too quickly for something that may be out of your lawyers control.  In the very least, take time to get a second opinion before terminating your attorney.  Too often a client will have a good attorney who is doing a decent job and they will terminate their attorney too quickly only to regret that decision later.

Should you need a second opinion about your Rhode Island Divorce attorney, feel free to contact me and I will be happy to meet with you for a low-cost advice session.  It's better to be well informed and get either reassurance that your attorney is "on the ball" or if your attorney is doing you a disservice before you terminate your attorney and possibly making a "huge" mistake.

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.

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Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | ChrisPearsall.com | LegalScholar.com | Pearsall-Law-Associates.com | Rhode Island Divorce Attorneys | Rhode Island Divorce Lawyers | Rhode Island Divorce Coach  |  RI Divorce Coach | RI Divorce Lawyer on Twitter | Rhode Island Divorce Coach on Twitter | Rhode Island Divorce Lawyer on Facebook.com| Attorney Chris Pearsall at LawGuru.com | Rhode Island Family Law Lawyer - RI Consumer Tips

Hiring a Rhode Island Divorce and Family Lawyer: Is it better to find a lawyer who is disassociated?

Would it be better as a Rhode Island Divorce Lawyer to remain impersonal? Over the years, the vast majority of divorce colleagues that I know who practice in Rhode Island who have shared their thoughts with me generally adhere to the principle that as lawyers we should be... or are even "required" to be . . disassociated . . . to separate our feelings from our clients in order to represent them properly. The idea, as I understand it is to make sure we keep our legal minds sharp and not to allow them to be cluttered with the emotional quandries that often cause clients to want to take action without legal reason or basis but simply because they are driven by anger, fear, jealousy, hurt or revenge.

In this respect I must diverge from my fellow divorce colleagues. The answer for the Rhode Island lawyer as I see it is much more challenging. It would seem to me that the practice of a good Rhode Island lawyer is to empathize with the client, appreciate and understand your emotions as the client, and to temper the corresponding response to those things with skilled reason.

Below are a few questions for you to ponder and decide for yourself. Just as marriage is personal to you so too the answers to these questions affecting your divorce are matters personal to you.

As a Rhode Island Divorce lawyer, I would appreciate it if you would kindly humor me as I dig a little deeper and draw a picture here.

Imagine you are involved in or contemplating your own divorce. Can you see it?

Do you see your divorce as an ending or a new beginning?

Do you see your divorce as merely the Rhode Island law imposing itself on your life?

Is it a mental, emotional and financial drain on your life and your family?

Frankly, divorce can cause all of these things to occur in your life.

Finding the right Rhode Island Divorce Lawyer is not an easy task for anyone who doesn't already know a good divorce lawyer.

Are you searching for a good Rhode Island Divorce Lawyer?

A good approach may be to consider your own situation and your own answers to these questions. Afterall, isn't your divorce all about your life? It certainly isn't about the lawyer's life, right! It's about you and your life!

So what are your answers to these questions and how might they help you?

1. Do you have minor children whose care and support might need to be addressed by the Rhode Island Family Court?

2. Do you have a business that may be subject to division as a marital asset in you divorce proceeding?

3. Is this your first or second marriage?

4. Do you have children from you first marriage? Did you or your current spouse adopt any children during your current marriage?

5. When you consider your own divorce, what are the most important concerns in your mind?

Can a Rhode Island divorce lawyer properly address your mental and emotional needs as a client and a married person if the lawyer has never been married before? Wouldn't it stand to reason that a lawyer who has been married before might better appreciate your feelings and your needs? Or better yet, wouldn't it make sense that a lawyer who is currently married could understand you even better?

Now, if you consider your answers to all of these questions . . . wouldn't you want your divorce lawyer to be sympathetic or experienced regarding YOUR concerns? It makes sense, right!

So let us say you are interviewing a divorce lawyer to represent you. Would it matter to you that your divorce lawyer is not married or has never been married?

Here's my thought on this. As a client, you decide if you agree. Isn't it at least a little bit more likely that a divorce lawyer who has not dealt with marriage in his or her own life more likely to understand you and your concerns as opposed to a divorce lawyer who isn't married? It makes sense that the married lawyer is more likely to be better able to sympathize or empathize with your feelings and emotions about your marriage and therefore your divorce, doesn't it?

If your divorce involves your child or children, should it make any difference to you that when you are interviewing divorce lawyers that the doesn't have any children?

Let's look at this once again from the practical side of hiring a divorce lawyer. Doesn't common sense tell us that if your divorce lawyer had children then he or she could truly appreciate the importance of your children than the lawyer who doesn't have any children?

What makes a good Rhode Island divorce lawyer? Naturally what I have to offer is solely my own opinion on this subject. Certainly part of it is education. Neither I nor any of my colleagues would be practicing lawyers and trying to help you through your divorce if it weren't for a law school degree. However, I think that in reading this article it may be more helpful to provide some direction regarding what you might want to consider when engaging a Rhode Island lawyer as either your "in-court" divorce lawyer or your divorce coach.

Another facet of what makes a good Rhode Island divorce lawyer is experience, but it is not merely experience in the practice of law but also life's experience.

As I mentioned I have my own thoughts on the subject. It makes sense that a married lawyer might better understand a client's difficulties during a divorce. It also makes sense that a lawyer with children might better understand the nature of a client's feelings and issues if there are children involved in a divorce.

Personally I it's my opinion that experience should certainly be a big consideration in your choice of divorce attorney. However, that should be qualified to some extent because experience simply as a lawyer isn't what I'm referring to here. If you are looking for a divorce lawyer to protect your interests then you should be interested in a lawyer's experience in the Rhode Island Family Court arena.

It goes without saying that experience as a personal injury lawyer for twenty or so years really doesn't have anything to do with a lawyer's ability to protect your interests in a Rhode Island divorce proceeding. Therefore, experience representing clients in divorce matters should probably be a focus in your search for a divorce lawyer. If you have a choice between a lawyer who represents ten or so divorce clients in a year as opposed to a lawyer who represents fifty divorce clients a year, then that should give you an inclination as to which lawyer is likely to be more skilled in the area of divorce and probably better suited to protect your legal interests in the divorce.

So what might you look for in the way of experience and how should you get the real answer as to whether the lawyer is experienced in divorce or not? You'd think this would be a particularly difficult question to answer but I don't believe it needs to be so complicated. It certainly isn't about listings in the Yellow Pages. That is merely about having the money to pay for the advertisement and selecting "divorce" as the category where the lawyer wants the advertisement posted. The same is true for the Yellow Book and for just about every other advertising medium out there, including sponsored advertising that you see on MSN, Yahoo and Google or where you see "ads by Google", etc..

Do you really want to know if a lawyer is experienced in the Rhode Island Family Courts in the area of divorce? Here's a suggestion. Call the Clerk's office of the Family Court for the two counties that are closest to the lawyer's primary location. When you call, ask the person who answers the phone "Do you know Lawyer X?" Thank the person and say, "by the way how long have you been working in the clerk's office?" If they do not hesitate and they know the person and they have been in the clerk's office for several years, then you have a good indicator of the lawyer's experience in the family court. In otherwords, an experienced divorce lawyer will usually be known by the people in the clerk's office who have been there for a while. If the person who answers the telephone does not know the lawyer, then ask the person if he or she would be so kind as to ask a co-worker or two around them if they have heard of Lawyer X. If you make a couple such calls then you will have a reasonable indicator as to how much time Lawyer X spends for clients at the Rhode Island Family Courts.

Some people have suggested to me that a Rhode Island divorce lawyer's hourly billable rate, the better he or she is as a divorce lawyer and the more experienced the lawyer must be. This is a theory you may want to weigh with a grain of salt. While it may seem to make sense that only a "good" and "experienced" Rhode Island Divorce lawyer would have the audacity to tell you without batting an eye that his or her hourly rate is $300 per hour. This is far from the truth.

Personally, I know several Rhode Island Divorce lawyers who charge an hourly rate of $300 to $350 per hour, yet when push comes to shove I know several other attorneys who charge $200 per hour whose skills are substantially greater than the higher priced lawyers. Additionally, I know some lawyers who charge $200 per hour and have been practicing for several decades but I wouldn't hire them, nor would I recommend them because they are poorly skilled and/or simply don't care about their clients. Once the check is in the door from the client it would seem that they act as though they have done their job, to obtain an income.

Another faulty proposition I have heard is that you can tell if a lawyer is good at what he or she does by his or her lifestyle. This proposition suggests that it is important to look at the car he or she drives, how fancy their office is, how many support staff they have, how many diplomas and awards they have on their office walls, etc... This proposition to put not too fine a point on it simply borders on the absurd. All these things really tell you is that somehow the lawyer you are considering has done well financially prior to the moment you walked in the door.

Think about these questions. Did the lawyer inherit from a rich relative? Did the lawyer marry a rich spouse? Did the lawyer win the lottery? Is the lawyer a great divorce lawyer? Is the lawyer great at bilking clients out of their hard earned money?

Looking at the divorce lawyer's lifestyle tells you absolutely nothing whatsoever about the lawyer's skill or experience.

This article started with the idea that perhaps an divorce lawyer should disassociate from the client and his or her feelings. Essentially it has been proposed by several of my colleagues that you should not allow your personal feelings (i.e. your caring) to come into play at all. You should see each situation and simply address it with whatever procedural steps are appropriate.

In my mind it makes all the sense in the world that a person will do more for to protect and fight for someone they care about. Not only does this make sense but it is no less true for divorce lawyers. If so, then why should we as Rhode Island Divorce lawyers disassociate our caring for the client. Apply this maxim to the divorce lawyer and what do you get? A divorce lawyer will do more to protect and fight for a client he or she cares about! It's beyond logical, it's common sense! This is tantamount to a passage I read long ago from a historical text that contained a statement as follows:

"If I were a betting man, I would bet all I have on a single farmer defending his home and his family against an entire battalion of Redcoats."

It makes perfect sense that eliminating "caring" by disassociating from the client seemingly removes a substantial and powerful edge that a client should be entitled to from the lawyer when paying a reasonably substantial fee.

Lastly, it certainly makes sense that a divorce lawyer who has been through a divorce himself or herself is likely to be a substantial benefit. I admit this is a bold I am making here. However, I must admit that as a Rhode Island Lawyer who has limited my law practice exclusively to Rhode Island Divorce and Post Divorce Issues it has been perhaps the greatest benefit to my practice in Rhode Island divorce law that I went through my own divorce before I became an attorney in the State of Rhode Island. That experience alone has given me a perspective that I would not otherwise have and which has enabled me to connect with my clients in ways that I do not believe that other lawyers are capable of doing effectively. It has been one of the most challenging trials in my life that has created a positive effect on my practice and my ability to relate to and help my clients.

Since this article has turned into more of an exercise addressing ideas surrounding various aspects relating to the hiring or an experienced Rhode Island Divorce Lawyer it may be appropriate in closing that I summarize the suggested conclusions of this article.

When seeking to engage a Rhode Island Divorce Lawyer it is probably best to consider hiring a divorce lawyer that

1. Is married;

2. Has children, if you have Minor Children;

3. Has personally gone through their own Rhode Island divorce, if possible.

4. Has Rhode Island Divorce experience such that he or she regularly represents clients in the Rhode Island Family Court and may be known to people at the Rhode Island Family Court;

5. Charges a reasonable fee for his or her services based upon his or her divorce practice experience;

6. Exhibits caring for his or her clients in their divorce proceedings (i.e. does not disassociate from his or her clients);

7. Is not based simply upon paid advertising medium; and

8. Is not based on a lawyer's success merely by the appearance of the lawyer's lifestyle (i.e. car, suit, office space, support staff, house, etc.)

Let me be very clear that this article is meant to help you find a good lawyer and determine whether or not you think your divorce lawyer should be "disassociated" or not.  I have my opinions, my thoughts and my theories. I have presented them to you based upon what I have heard from others and I have tried to show you the logic or lack of common sense behind each. The idea in any event is NOT in any sense to judge my fellow lawyers. Even I must admit that no matter what set of criteria you put together to identify a good Rhode Island Divorce lawyer, there will be exceptions.

I'm not perfect. I'm not the right Rhode Island Divorce lawyer or coach for everyone. I don't charge you $350 per hour. I don't drive a BMW, my 1998 Chevy Cavalier gets me where I want to go faithfully and looks reputable. You won't find me wearing expensive suits because I don't want my clients paying for such extravagances. You'll find me in a respectable suit coat, dress pants, dress shirt and tie. You won't find a fancy office with plaques and degrees lining the walls because my Rhode Island divorce practice isn't about me and what I've achieved . . . it's about YOU and YOUR LIFE! Lastly you won't find me paying support staff unless its absolutely needed for your case because I don't want you to pay for someone who is a convenience for me more than you.

What you will find is an honest, caring man who has personally been through a divorce with children, assets and debts who is now happily married and has wonderful grandchildren. You will find me equipped with today's technology to do everything I need to do for you as economically and professionally as possible to save you money.

Most of all, You will find me caring about your case and charging rates that some colleagues and judges have found absurdly low for my experience. And . . . should you ever want to know I will be happy to explain to you why the last decade of my life has been dedicated exclusively to practicing Rhode Island Divorce and Post-Divorce issues in the Rhode Island Family Courts throughout our state.

The economics aren't complicated. If there is less overhead in my law practice and, I maintain a lower personal standard of living, then I can pass on the savings to you and do more for you. Ultimately I have a different philosophy than many lawyers. My law practice is not about divorce, nor is it about how much money I make from you. My practice is about how many good people like you that I can guide successfully to a better tomorrow.

I invite you to consider what I have to offer. You just may be pleasantly surprised .... if not shocked.

My best to everyone going through a divorce or post-divorce family law situation in Rhode Island or contemplating it. Whether you call me or not, I know how hard it can be.

Remember . . .  I've already been there!

Authored By:

Christopher A. Pearsall, Attorney-at-Law

(C) Copyright 2010 (All Rights Reserved.)

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

*The RI Supreme Court licenses all lawyers in the general practice of law and has no programs for recognition of specialization of lawyers in any area of law. Please note: This is not legal advice but is a public service to those in need.  

Disclaimer:  Information provided on this website is in no way a substitute for legal advice provided by a competent Rhode Island Divorce and Family Law Practitioner who has had the opportunity to meet with you and question you regarding ALL aspects of your case.  Contact with Christopher A. Pearsall, Esquire through this website does not establish an attorney/client relationship.

The Rhode Island Divorce Attorney Writes on Child Custody: Can you get Sole Legal Custody?

Unfortunately it is all too often that people call me and ask "Can I get sole custody of my child?"  This question usually follows a short summary of facts that may or may not contain the information I would need in order to correct assess their case as a Rhode Island Divorce Attorney.

Though I would like to apologize to all those people who call me and ask this question week after week looking for a simple answer, I can't.

To the people that the call me and ask such a loaded legal question and expect an answer in 5 or 10 minutes without expecting to pay me for my expertise, please understand that it is not out of a lack of knowledge that I offer you my coaching service or my legal advice session, but rather because you are asking a loaded question.  

The fact is, depending upon the facts of your case, how you present yourself, how the other parent presents him or herself, which judge you have, how old the child is, what the child's wishes are, and ultimately a myraid of other factors that are taken into consideration into making that assessment . . . it is possible that any person could potentially get sole physical custody of their child... depending upon the totality of the circumstances.

If you look just the the number of factors I mention in the preceding paragraph, you can see that it is not a cut and dry issue even for an experienced divorce and family lawyer, so please do not be offended when you try to blurt out all the circumstances of your case to get a ballpark answer based upon my professional experience when (1) there may be considerably more that I need to review in order to make any type of professional estimation as to the likelihood of success and (2) this is my livelihood.  

Ultimately, it would do you a disservice to anyone to answer a question about obtaining sole custody based merely on a telephone call without something in the way of investigation.  It also does a professional attorney a disservice.  Attorneys spend their lives learning and accumulating their knowledge through education and constant practice in and out of the courtroom.  

To ask any attorney for such significant legal advice without providing compensation for legal advice that exposes him or her to liability is far from reasonable.  It expects the attorney to work for free.  It is not, as some callers have tried to argue, in the nature of asking a friend for a favor.  I have several independent professionals who are surgeons.  On occasion I have had need of their services.  However, it would be less than professional ( or fair) for me to show up at the surgeons office and ask him for a quick 30 minute surgery "for free."  

First, this is how a surgeon makes his living and feeds his family and he can't rely upon what I tell him.  The surgeon needs to do his own tests and examine what has been done before I involved him.  Can you imagine the trouble a surgeon might get himself or herself into if she performed an important invasive surgery based only upon what I told him or her?  This would be nothing short of malpractice . . . without any compensation to boot!  Ouch!

I ask that callers don't expect the same from me.  It is not my practice to receive calls out of the blue, with no compensation and simply provide legal advice.  I might just as well operate on you without a license and without being paid for it.  It just doesn't make sense.

Just in the same way that I wouldn't expect you to go to work for an employer for a week and then not get paid for your time and hard work, I simply ask you to have the same respect for me.  My time is valuable and I already cut my rates tremendously and provide low cost program to make things more affordable for people.  Please don't call and ask me to answer your legal questions for free.

To Answer Everyone's Question about whether You Can Get Sole Custody of Your Child, the answer is "yes".  This is not legal advice.  This is just common sense.  Everyone's case is different.  I can't assess your case without the proper investment of time, investigation, and application of the law to the facts to determine your probability.  But until a court tells you "NO" you can't get sole custody of your child, then the answer is always "YES" because the possibility always exists until the court says "NO".

This question is always on a case by case basis.   Just about every legal question in the area of divorce and family law is more complicated than the layperson contemplates.

I endeavor to give my very best to my clients and to my readers and it is my pleasure and privilege to serve you.  If you need a coaching session, advice, or representation, then please call me to set up an appointment and I will be happy to do my very best to accommodate you. 

However, the calls for free advice and assistance will be terminated professionally but quickly.  Please remember. . . I need to make a living and provide for a family as well.

My Thanks to All for Your Understanding!

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!

Consider using 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 2009.  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.  There is no recognition for specialization of attorneys in any area of law.

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Rhode Island Divorce Attorney Answers a Question on RI Child Support Modification

Question: 

I am an outside salesman in Rhode Island. As of January 1, 2010 my employer is cutting my salary by more than half but increasing my commission percentage. There is a very good chance that my income will be significantly reduced, especially in the winter months. How is child support calculated when a portion of your pay is commission based and should I have my child support modified?

I have 2 teenage children. One is turning 18 and graduating from high school in the spring. If I do file to modify my child support do I have to file a separate motion to modify child support again when my oldest child graduates?

The Rhode Island Divorce Attorney's* Reply: 

    The change in your payment structure is actually a non-issue regarding your child support until you see the impact of the change on your actual income. To modify child support you must be able to demonstrate a substantial change in circumstances to the Rhode Island Family Court. 

    You should not attempt to modify your Rhode Island Child Support obligations until the actual monetary impact of the change in your pay structure is known with certainty for a reasonable amount of time. I recommend that you wait six to eight weeks under the new pay structure and save your pay stubs as evidence that your income is decreased, your situation has changed and your income has substantially changed even though you are putting the same amount of effort into your work. 

    If you file to modify for termination of one child's child support based upon the child's emancipation, you will in fact have to return to court to terminate the child support for the other child when he or she reaches the age of 18 and has graduated from high school Technically speaking, Rhode Island law does not allow a party to obtain an order to terminate child support "in advance" of the emancipation date.

    Depending upon when your child support order was established, especially if it was prior to November 1, 2007, then you should run the child support calculations to determine if it is worth modifying your child support. It is entirely possible to mistakenly modify your Rhode Island Child Support from two children two one child and find yourself paying more today for one child than you did in 2006 for two children. Caution is advised here.

    While it is best to do the right thing for the sake of your children, keep in mind that the Rhode Island child support guidelines may not effectively represent what the children's actual support needs are in Rhode Island. 

    Should you need coaching, further advice or representation regarding your family law matters, Please do not hesitate to contact me for a low-cost, high value coaching session. 

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!!

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Participating in Family Law Coaching Sessions!

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 Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

*The RI Supreme Court licenses all lawyers in the general practice of law and has no programs for recognition of specialization of lawyers in any area of law. Please note: This is not legal advice but is a public service to those in need. 

This is in no way a substitute for legal advice provided by a competent Rhode Island Divorce and Family Law Practitioner who has had the opportunity to meet with you and question you regarding ALL aspects of your case.

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Rhode Island Divorce Attorneys May Just Tell You What 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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Copyright 2009.  Christopher A. Pearsall, Esquire
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Rhode Island Divorce Attorneys - Is RI Attorney Specialization a Trick?

Are you paying close attention to the websites of Rhode Island attorneys who state that they specialize in a particular area of law?  A proper website for attorneys claiming to specialize in any area of law should include a statement similar to the following:

The Rhode Island Supreme Court licenses all attorneys in the general practice of law.  There is no recognition of specialty and no testing or certification in Rhode Island to become recognized as a specialist in any area of law.

So how can it be that Rhode Island attorneys can call themselves "specialists" or indicate in advertising that they specialize in any area of law when they are licensed only as general practitioners by the State of Rhode Island.

Is this a trick?  Are Rhode Island attorneys duping you into thinking they are specialists when they aren't?  How can you tell who is telling you the truth and who isn't?  How can you tell who is truly competent in an area of law and who only has a passing familiarity with it?

What standard can you rely upon so that you engage good representation?

Whether you are talking about RI divorce attorneys or Rhode Island Estate Planning attorneys, it may help you to know that Rhode Island attorneys who represent that they specialize in a particular area of law are not trying to trick you.

What you need to understand as a consumer is that there are many areas of law and that attorneys often find the need to limit the areas in which they choose to practice so that they can be known for what they do.  Many attorneys want to be known as reasonably proficient in one or more areas of law.

This makes sense by design.  As a Rhode Island attorney, would you want to fall into the old phrase "jack of all trades but a master of none".  Practically speaking it is better to be proficient at, or a master of, a few areas of law rather than to know just a little of each area of law with lots of holes in your scope of knowledge.

So what is specialization? 

It is a attorney's determination that he or she has focused his or her legal knowledge in specific areas of law.  If a Rhode Island attorney says he or she specializes in a particular area of law, it means that he or she has decided to focus his or her practice in that area of law and maintain that focus.

The one question you may want to ask yourself is this.  How many areas of law can a attorney really be a master of?  If a attorney says he or she does divorce, personal injury, real estate, medical malpractice and criminal law . . . aren't these substantially different areas of law?  Depending upon how long the attorney has been practicing, it could very well be that he or she is willing to undertake cases in these areas of law, however it is possible that he or she may be a jack of these trades but a master of none of them.

Your best bet?  Know the attorney you are interviewing.  Take the time to check into the attorney.  How long has the attorney been practicing?  How many areas of law does the attorney practice in?

Though I've eliminated distraction from my law practice by engaging exclusively in the practice of divorce and family law, there are many good family attorneys in Rhode Island.  A good rule of thumb might be to ask what areas of law the attorney practices in and verify this on the attorney's website, Yellow Book Advertising and Yellow Page Advertising.  Decide for yourself, if you want a attorney who is good at divorce and family law, is the attorney you are interviewing stretched too thin between too many areas of law?

Imagine a attorney who represents that his or her office practices in 10 areas of law.  Just a thought . . . but do you want to guess which ones few they are really proficient at.  Are you willing to bet your hard earned money that the attorney's real specialty is divorce?

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 2009. Christopher A. Pearsall
A New Rhode Island Divorce Lawyer for a New Millenium!

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Rhode Island Divorce Attorneys - What are you paying them for?

After practicing almost exclusively divorce law in Rhode Island for
just about a decade I've run into quite the contradiction between people.

First, I've heard statements from people that "attorneys cost too much".  It's an understandable statement after all.  I know colleagues who charge as much as $350 per hour for their Rhode Island Divorce services.  Certainly to someone who makes less than $100,000 or so per year with very little debt to cover, this is a heft amount to pay for an hour of an attorney's time.

For those who have heard about the unique conversion of my practice to a paperless office, I have now effectively eliminated 85% of my overhead.  What did I do with this 85% savings?  I passed it along to my clients through reduced rates and the absorption of various costs.  In truth, for the services I provide, the fee agreements I offer have been questioned by many people.  Initially, many people walked away from my services.  At first I wasn't quite sure how to take this response in the first few months.

Here I was hearing people complaining that attorneys cost too much.  Then I come up with an alternative that is literally unbelievable and dwarfs the rates of current full-time Rhode Island Divorce practitioners causing huge savings for my clients.  What happens?  People walk away from it with the statement . . . "it's too good to be true!"

I began pondering.  What the heck do people want?  What is wrong with them?  You charge the going rate to cover your overhead and they say you charge too much . . . . Hey, that's just like a attorney, right?  We're all out to screw people over, right?

No, it's not right.  There are good attorneys out there.  Some of us even care.  Some of us believe that client's need help and that rates need to be lower.  We're not out to screw people.  In truth, we are willing to sacrifice a six-figure income so that people can get affordable representation.  Yet when we present the concept . . it's too good to be true!

Ouch!  That's enough to send a attorney trying to help the public into shifting right back into the mainstream and charging the going rate based upon his or her amount of skill.

It took me some time to realize that it wasn't the concept that people didn't get, it was the rationale behind the approach.  When I realized how to help people understand my philosophy and why this practice method is better for them, it was like a light in the darkness.

The answer was simply this.  What do you pay your Rhode Island Divorce Attorneys for?  In the traditional scheme of things you pay them for their income, their cushy air conditioned office in the summer, their warm bright office in the winter, their BMW, their trips to Greece or three or four times each year and their $500 tailored suits. 

In the traditional concept of a Rhode Island Divorce attorney, you pay for the building they are in and everything that goes with it.  You pay for all the amenities, the secretaries, new computers, copiers, service plans, plumbing repair, the ground maintenance people, the air conditioning, the heat, the private school for their children and much more. 

So you let's say you hire Attorney Billings at the firm of Billings, Nowe & Offen and your $250 per hour pays for all of that.  But didn't you just want to retain the attorney for his or her skill in you divorce?

THAT is the difference! 

I've had people walk away from a consultation with me and here's what they've said. 

"Sorry Chris, I'd rather pay the extra $150 per hour for the fancy office.  It makes me feel more comfortable." 

Okay, I understand it.  I can't expect that I can undo decades of practice.  After all, that's a personal decision he or she made.  It's their choice to make.  But I don't mind telling you that I do scratch my head and wonder a bit.  I mean, it is a bit perplexing to me.

If you don't understand why it's confusing to me, then I'm not explaining it well enough.

Imaging that you have a attorney that says,

    "Hey  I have two plans I can offer you for my services. 
   
    Here's the first one.  I can make you feel comfortable with my cushy office, air conditioning, top of the line copies, secretaries, grounds keepers, parking spaces, and you pay for all these extras that I get each year for me and my kids plus our 4 weeks of vacation each year but it's going to cost you $250 per hour and I'll need at least $3,500.00 up front. 
   
    OR,
   
    You can just pay me for my skill as a Rhode Island Divorce attorney and I'll cut that price in half."

Which one would you rather do?

When you come to me I only offer the second option.  That's the difference!

Go ahead.  Pick up the phone and call Rhode Island Divorce Attorney Christopher Pearsall today at (401) 632-6976 to set up your low-cost consultation!

You'll be glad you did!

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

Rhode Island Alimony - The Language is Crucial! Part 1

In a Rhode Island Divorce proceeding alimony must be awarded or denied by the Family Court Justice.

Since alimony under Rhode Island law is rehabilitative in nature, more often then not it is waived by one or both parties during the course for most Rhode Island divorce proceedings.  

Alimony that is rehabilitative is awarded by the court based upon the recipients need for financial support while he or she (1) re-establishes himself or herself in the working world with existing skills, (2) re-trains himself or herself with skills sufficient to sustain himself or herself with more modern skills, (3) is unable to care for himself or herself due to injuries, illnesses, handicaps or other circumstances that reasonably warrant the award of alimony for an extended period of time because one spouse is unable to care for himself or herself.

Alimony may be agreed to by the parties in circumstances when an award of rehabilitative alimony may be considered inevitable by the parties and/or their lawyers.  In other instances, a spouse may agree to pay rehabilitative alimony to the other spouse because their is an ability to make such a payment, even if the court would not normally award it, and one spouse wants to help the other spouse for a reasonable period of time until he or she regains a financial foothold on his or her own.

 
Whether alimony is by an award of the court or by an agreement of the parties, it is important that the language used by the court for any award of alimony is accurate pursuant to the agreement of the parties or as intended by the court.

The typical example is when an award of alimony is made for a specific amount of money for a specific period of time.  In this instance, clarity of language is essential!

Assume that Mr. Lawyers has agreed to pay Mrs. Lawyers alimony of exactly $400 per week for a period of three (3) years.    Now let's assume that the alimony award is phrased as follows in both the Marital Settlement agreement of the parties as well as the Decision of the Court.  Nothing else is mentioned about alimony.

    "Defendant Mrs. Lawyers shall pay Mrs. Lawyers rehabilitative alimony of $400 per week for a period of three years."

Here is where accuracy in the language regarding the rehabilitative alimony provisions is crucial when it comes to clarifying the Marital Settlement Agreement and/or the Decision of the Court.  If this is the ONLY alimony that Mrs. Lawyers is to receive per their Marital Settlement Agreement, then Mrs. Lawyers MUST request to waive alimony permanently on the record of the court and Mr. Lawyers or his attorney must make sure that the decision of the court is clarified to state that Mrs. Lawyers waives alimony permanently after that three year period.  Either Mr. Lawyers or his attorney should do so even if it means clarifying to the judge BEFORE the hearing or trial is concluded that the award of alimony should involve a waiver of alimony permanently with the exception of that three year period.

Why is this so crucial in a Rhode Island divorce proceeding?

Well, in the first instance it is significant to Mr. Lawyers.  If there is no permanent waiver of alimony by Mrs. Lawyers other than that three year period, then Mrs. Lawyers has a viable legal argument that alimony WAS NOT expressly limited to that three year period of payments because she DID NOT waive alimony permanently.  Therefore, if things aren't going well for Mrs. Lawyers at that time and Mr. Lawyers still has the ability to pay continued alimony, then Mrs. Lawyers might decide to return to court for another 1, 3 or more years of alimony.

In the second instance, if Mr. Lawyers has hired a Rhode Island attorney to protect his interests in the divorce, then the attorney may have made a crucial mistake because he or she didn't make sure a permanent waiver of alimony was made by Mrs. Lawyers.  Unless there was a miscommunication or some other circumstance which explains why the Rhode Island attorney didn't insure the permanent waiver of alimony was made, then the Rhode Island attorney may find himself or herself on the receiving end of a legal malpractice claim.

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

Rhode Island Alimony - The Language is Crucial! 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-attorney.com/2008/11/in-a-rhode-island-divorce-proceeding-alimony-must-be-awarded-or-denied-by-the-family-court-justicesince-alimony-under-rhode.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