Surviving Divorce in RI: The do’s and don’ts post divorce

Surviving a divorce in Rhode Island can be a vulnerable and painful time that seems to never end. In addition to the emotional fallout, many ex-spouses face numerous post-divorce issues involving child support, spousal maintenance, custody issues, child custody motions, alimony terminations, order modifications and enforcement that seem to pull them back into court. Post […]

Domestic Relations Court Tips- Perception is reality

A Rhode Island Family Court attorney who regularly litigates divorce and custody cases in Providence Family Court, sets forth numerous divorce tips to help litigants in Domestic Court. Please read these tips very carefully! 1. Perception is reality in Domestic Relations Court  Dress appropriately for your day in Providence Family Court. We have said this […]

Divorce and Family Court News

  Family Court judge: R.I. needs more long-term placements for mentally ill youths http://news.providencejournal.com/breaking-news/2013/05/providence-ri—-rhode-islands.html The Providence Journal reports Chief Justice Bedrosian testified in a hearing that Rhode Island does not have approriate and proper long term residential programs for Youth who are mentally disabled and have psychological issues. State Child Advocate Regina M. Costa also testified that dcyf […]

How to Help Your Kids Cope with Divorce

Divorce particularly one that involves children is emotionally difficult. Children in the middle of divorce will experience stress, confusion and sadness. As a parent, you will need to guide your kids to make the process less difficult for them. Divorce When dealing with a divorce of this nature it may help for you to not […]

A Cautionary Tale for Lawyers- Nightmare Suing Ex Divorce Clients

(Editors Notes 9/8/13: The Defendant, divorce client, filed for Bankruptcy after the RI Supreme Court rendered its decision, discharging this debt. This whole proceeding was a massive waste of time and resources!  The potential for an annoying and time consuming counterclaim or a bankruptcy filing is not the only reason lawyers should not litigate against […]

Desperation, Lies, Willful Ignorance & Enabling Attorney= A MESS!

Rhode Island divorce lawyer, David Slepkow, discusses the unfortunate pervasiveness of misrepresentation and outright lies by litigants in Providence Family Court. Is anyone ever held accountable for lying in Rhode Island Family Court? Litigants in the Rhode Island Family Court  are rarely held accountable for false statements made in Family Court.  There is rarely a […]

CWLA Issues Key 2012 Report on RI Children

The highly respected Child Welfare League of America issued a key report in 2012. This is a very significant report that will help family law attorneys practicing domestic relations law in Rhode Island and Providence Plantations. In 2017 the CWLA also issued a fact sheet concerning Rhode Island children. Child Welfare League of America The CWLA’s […]

Shared Physical Placement

Shared Physical Placement in RI is when parents rotate parenting time with the children in a manner that is nearly 50 percent. This is also commonly described as “shared physical custody.” In some circles it is also described as “joint placement”. Shared placement could involve sharing a week, alternating weeks or months or any sharing […]

Are non attorney mediators in RI criminals?

A Rhode Island divorce lawyer explores a very thorny issue concerning the legality of non lawyer mediation. Are non lawyer mediator’s committing a crime in Rhode Island? Are Rhode Island non-attorney mediators who conduct divorce, custody, child support or family law mediation committing the crime of unauthorized practice of law? This is a real grey […]

Parties in “Nuclear Wars” cannot be helped by Court!

Every Rhode Island divorce attorney or RI Family Court lawyer has been embroiled in a “nuclear war.” RI Family Court Lawyers do not enjoy being involved in these unseemly and out of control skirmishes that never end. These are custody, divorce or visitation wars that no one can win and everyone one loses especially the […]

Leverage – Underestimating it | Avoid a Mistake:

In many Divorces the parties negotiate in good faith and reach a fair agreement. However, divorce can be a long process in which the husband and wife are playing a high stakes game of poker to get leverage. Rhode Island Divorce can be all about  leverage. There are many types of leverage: Financial, Information, Emotional […]

Illegal for RI employer to Obstruct Service of Process!

Rhode Island General Law Section 15-5-16.2.2 makes it illegal for an employer to impede, evade or obstruct Family Court service of process on the employee concerning child support or alimony. The employer may designate a “specific” area where the RI Family Court Service of process can be effectuated. Divorce service of Process It is illegal […]

Rhode Island Divorce Attorney Wins at RI Supreme Court

RI Divorce Attorney, David Slepkow successfully appealed a divorce decision of the Rhode Island Family Court to the Rhode Island Supreme Court. In a 5-0 Decision, the RI Supreme Court vacated the Judgment of the Rhode Island Family Court. The Rhode Island Supreme Court ruled in favor of Rhode Island Divorce Lawyer, David Slepkow’s RI […]

Welfare & RI Paternity | RI will pursue Paternity For FIP Recipients

If you are receiving FIP benefits (RI Welfare) and the father is not on the child’s birth certificate, then the State of Rhode Island Child Support Enforcement will pursue a Paternity action against the father’s alleged biological father. If you apply for FIP benefits in Rhode Island and Providence Plantations and there is no father indicated on the […]

Divorce Residency Requirements in RI for Military & US Merchant Marines

Can active duty army, navy and Airforce service members stationed outside of RI, file a divorce in Rhode Island? Military service members who lived in RI  for 1 year before their military service have proper residency and domicile in Rhode Island to file a divorce in RI.   “Testimony to prove domicile and residence may be […]

Rhode Island Prenuptial Agreement Lawyer | RI Premarital Agreement Attorney

Rhode Island Prenuptial Agreement Attorney, David Slepkow  401-437-1100 has extensive experience drafting and litigating Prenuptial Agreements. Please read his in depth articles concerning RI Premarital Agreement Law. Enforceability of Premarital Agreements in a RI Divorce! on April 25th, 2010 Key Components of Prenuptial Agreements! Important Provisions in Well Drafted Premarital Agreements on April 25th, 2010 Unconscionable […]

RI Attorney David Slepkow’s Family & Divorce Law Blog

I take great pride in this Rhode Island, Child Custody and Family Law Blog. I decided to create this blog when I realized there was a complete lack of reliable, in depth and informative websites concerning RI Family Law on the internet. This Website contains in depth information concerning all aspects of Rhode Island Family law. This […]

Spy Wars, Facebook and Rhode Island Child Custody

Facebook and social media can ruin your chances of getting custody of your child in a divorce or Child Custody Case! I repeat, stay off Facebook or curtail your Facebook activity during a Contentious Rhode Island Child Custody Battle. Trust me, the other parent will be searching your Facebook page for any incriminating information they can […]

Facebook & Custody Spy Battle- Unbelievable Facebook Double Sting

Digital Detectives: Custody Battle Leads to Facebook Double–Sting … Facebook spy vs. spy double–sting custody battle – Computerworld … Digital Detectives: Custody Battle Leads to Facebook Double–Sting … Facebook, MySpace and Twitter Evidence in Custody Battles and … Be Careful with Facebook During Divorce or Child Custody Case Growing Use of Facebook in Divorce, Child […]

Filing for Divorce in RI: Advantages of filing first?

It makes no difference which spouse files a Rhode island Divorce  first unless there is an emergency motion or restraining order filed as part of the divorce. There is no advantage in filing for divorce before the other spouse files unless you need a restraining order or emergency ex parte relief.   In the event that […]

Are Personal Injury Awards Marital Property in a RI Divorce?

In 1990, the Rhode Island Supreme Court in Kirk v Kirk decided that personal injury  and car accident injury awards for Pain and Suffering in a Rhode Island Divorce were not marital property subject to Equitable Division. The RI Supreme Court determined that personal injury, slip and fall and auto accident  awards for pain and suffering, […]

Guardian Ad Litem for the Minor Child in RI | Judge may Appoint a Guardian

SECTION 15-5-16.2 ….(c) The court may, if in its discretion it deems it necessary or advisable, appoint an attorney or a guardian ad litem to represent the interest of a minor or dependent child with respect to his or her support, custody, and visitation. (i) In determining whether an appointment should be made, the court […]

Attorneys’ Fees in RI Family Court Awarded by Contract or Statute

The Rhode Island Supreme Court in Pearson v Pearson ruled that Attorneys Fees in Rhode Island Family Court are very limited and can only be awarded based on a contract or a specific statute authorizing Attorney Fees. The Rhode Island Supreme Court stated: “This Court adheres to the ‘American rule’ that litigants generally are responsible […]

Attorney Fees in RI Family Court Standard of Review on Appeal

The Rhode Island Supreme Court in Pearson v. Pearson sets forth the standard of review for the  Court to review Rhode Island Family Court award of Attorney’s fees. “If there is a legal basis upon which a trial justice awarded attorney’s fees, this Court reviews that award for an abuse of discretion. Blue Cross & Blue […]

Termination of Parental Rights by DCYF in RI Family Court Appeal

In In re Dayvon G. et al. the Rhode Island Supreme Court Stated : “On appeal, “[t]his Court reviews termination of parental rights rulings by examining the record to establish whether the [Family Court] justice’s findings are supported by legal and competent evidence.” In re Ariel N., 892 A.2d 80, 83 (R.I. 2006) (citing In […]

RI Daycare Included in Child Support if Cost is Reasonable

In Tamayo v Arroyo, The Rhode Island Supreme Court ruled that “The sole criterion of whether a parent’s day-care costs may be included in the child-support calculation is whether those costs are reasonable. Family Court Administrative Order 87-2, IV.B.7.a.” The Rhode Island Supreme Court essentially determined that it is irrelevant whether the daycare provider is […]

Military Locality Adjustment Pay Income for Child Support Purposes

In Tamayo v. Arroyo the Rhode Island Supreme Court determined that Military Locality Pay is includible as income for  Rhode Island child Support Purposes. The Court stated : “Further, because locality adjustment pay addresses the recipient’s cost of living, this amount should have been viewed as income based on the clear mandate that “[e]xpense reimbursements […]

The RI Supreme Court Condemns Family Court Conferences in Chambers

In Tamayo v Arroyo the Rhode Island Supreme Court condemned Family Court in chamber conferences. The Rhode Island Supreme Court has condemned these Rhode Island Family Court conferences numerous times before. Nonetheless, these conferences are relatively frequent in Rhode Island Family Court. These conferences occur in Rhode Island Divorce Cases as well as RI child custody, visitation and […]

Vicario RI Divorce | Business Valuation, Alimony, Division Assets & Sanctions

Supreme Court No. 2005-244-Appeal. (P 01-2449) Kathleen C. Vicario v. Paul Michael Vicario. Present: Williams, C.J., Goldberg, Flaherty, Suttell, and Robinson, JJ. OPINION Justice SuttelI, for the Court. The defendant, Paul Michael Vicario, appeals from a Family Court order granting an absolute divorce to him and the plaintiff, Kathleen C. Vicario, and distributing their assets. […]

RI Supreme Court Defines Income For Child Support Purposes

In the case of Cesar Tamayo v .Paula Arroyo The Rhode Island Supreme Court reaffirmed the Rhode Island Child Support Guidelines by defining that a parents income for “child support purposes” includes: “[I]ncludes, but is not limited to, income from salaries, wages, commissions, bonuses, dividends, severance pay,pensions, interest, trust income, annuities, capital gains, social security benefits, worker’s […]