RI Domestic Relations & Family Court

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 and
• Legal

Divorce is all about who has the “L” word and who does not have leverage. Information is the most important kind of leverage. Information about the other spouses’s financial affairs, history or wrongdoing may constitutes leverage.  Many people say that divorce is a form of legalized extortion.

Financial leverage and Rhode Island divorce

An example of financial leverage used by some divorce litigants is when one spouse has more resources and tries to drag out the divorce so that the other spouse does not have the funds to continue fighting.

The use of a financial advantage can lead to an unjust result when one spouse has to compromise their rights in the divorce because they can no longer afford to fight. Since a vast majority of Rhode Island divorce cases do not actually go to a contested trial, the RI divorce process can be a long drawn out battle for leverage. And then there is the unseemly, unfair and emotionally damaging side of divorce, using your children as leverage. Parents should never use their children as pawns to prevail in their divorce battle.”Withholding visitation from the other parent is one of these bad decisions that in some circumstances can lead to severe consequences. If there is a court order in place outlining visitation and custody and you violate it, you could face contempt of court. It might even have an impact on the agreement that is currently in place.” https://www.sterlinglawyers.com/wisconsin/dirty-divorce-tricks/children-leverage/

Do not leave money on the table

The biggest mistake that a party can make in a divorce is only considering the leverage that your spouse has against you. In many cases parties leave money on the table because they do not realize that they have a lot more bargaining power then they think they do. That is the reason why parties should always request more then they really want so that the parties can compromise and the person can get what they are looking for.

Slepkowlaw

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 for the employer to fire or dismiss the employee because he was served with child support or alimony process at work.

I wonder why this law does not include specifically service of process of  divorce, paternity and child custody cases?

Please contact Top Rhode Island child support Attorney David Slepkow at 401-437-1100.

Read the Rhode Island Law here:

§ 15-5-16.2.2 Service of court papers at work. – No employer in this state is permitted to refuse or obstruct the service of family court process relating to child or spousal support upon an employee at the place of employment and the service shall not be grounds for dismissal of the employee. The employer may designate an area where the service may be effected.

History of Section.
(P.L. 1984, ch. 406, § 1; P.L. 1985, ch. 407, § 1.)

Constable nightmare:

“PENN TWP., Pa. – A Perry County family and a state constable are both mourning the death of a 12-year-old girl who died in a shooting as the constable was enforcing an eviction notice.

Constable Clarke Steele, who has served in Perry and Dauphin counties for the past six years, was enforcing an eviction order at the home of 57-year-old Donald Meyer and his family.

Police say after a verbal dispute, Meyer pointed a loaded rifle at Steele.

“[Meyer] put the constable in a situation where he had to make a decision to use deadly force, and he did, and now we have this tragedy,” Trooper Rob Hicks of the Pennsylvania State Police said.

Steele shot Meyer in the arm, but the bullet went through and struck Meyer’s 12-year-old daughter, police said. She died from the gunshot.” https://fox43.com/2016/01/12/friend-constable-heartsick-over-shooting-that-resulted-in-girls-death/

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 divorce Client. The Rhode Island Supreme Court Case is Rogers v. Rogers http://caselaw.findlaw.com/ri-supreme-court/1563952.html

RI divorce attorney, David Slepkow wins at Rhode Island Supreme court

The Rhode Island Supreme Court ruled that a Plaintiff may obtain a divorce in Rhode Island and Providence Plantations even if the Plaintiff moves out of Rhode Island after filing for Divorce so long as the Plaintiff was a domiciled inhabitant and resident of RI for one year next prior to filing the complaint for divorce. A Plaintiff who moves out of Rhode Island and no longer resides in Rhode Island can get a divorce in Rhode Island even if the Defendant is also not a resident of Rhode Island.

Excerpts of the Rogers v Rogers Decision provided by a RI divorce attorney

“Upon learning that neither party resided in Rhode Island, it appears that the court, sua sponte, raised the issue that the Family Court no longer likely was vested with subject-matter jurisdiction. The trial justice disagreed, in a bench decision dismissed the divorce action for lack of subject-matter jurisdiction, finding that “neither party resides in Rhode Island”

“Section 15–5–12(a) plainly states that a divorce complaint will not be granted unless a plaintiff “has been a domiciled inhabitant of this state and has resided in this state for the period of one year next before the filing of the complaint * * � (Emphases added.) This language does not require that the party remain a domiciled inhabitant or resident of the state for the petition to be granted; rather, the statute refers to the domicile and residence of the plaintiff at the time the divorce complaint is filed.”

“the Family Court is not divested of subject-matter jurisdiction merely because the plaintiff has moved out of the state”

“To construe § 15–5–12(a) as requiring that a plaintiff who files a divorce complaint remain a “domiciled inhabitant” until the decree is entered would produce an unjust result that we decline to impose. See Brennan v. Kirby, 529 A.2d 633, 637 (R.I.1987) (a statute may not be construed in a way that would create an absurd result or defeat the underlying purpose of the enactment). Accordingly, we hold that once a complaint for divorce properly is filed in Family Court, the Family Court is not divested of subject-matter jurisdiction merely because the plaintiff has moved out of the state and changed his or her domicile.”

RI Family Attorney, David Slepkow concentrates in Rhode Island Divorce, child support, child custody, Paternity and Restraining orders.  David Slepkow has been practicing law in Rhode Island since 1997. You can contact RI Lawyer David Slepkow at 401-437-1100.

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 child’s birth certificate then the matter will be automatically referred to Rhode Island Child Support Enforcement. Support enforcement file a motion to establish paternity for your child.

Rhode Island paternity lawyer

If you are a FIP recipient and there is a voluntary acknowledgement of Paternity as a result of the Paternity case, the state will seek child support against the biological father. If there is a finding of paternity in  Family Court after genetic testing, then the state will pursue a child support order against the biological father. If you are receiving FIP benefits, then that child support will be paid to the state to reimburse them for the welfare payments.

You have the right to a private Attorney Representing you in your Paternity case if you are the FIP recipient and Child Support Enforcement files for Paternity on your behalf. If the RI Paternity case was filed against you then you should obtain a Rhode Island Paternity Attorney

Paternity in RI and child support law

The  Rhode Island office of Child Support Enforcement’s website states: “The Office of Child Support Services will assist in the location of a parent, establishing paternity, establishing a child support or medical order and enforcement of all orders. Those parents or guardians receiving benefits from the “FIP” (Family Independence Program) Benefits or RIte Care Benefits will receive the services of the child support program without the necessity of completing an application or payment of a fee. Those families are required to cooperate with the Office of Child Support Services. Child support payments are used to repay the welfare benefits paid to families.”

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 received through the ex-parte affidavit of one witness.”

Rhode Island General Law Section 15-5-12, set forth below, pertains to residency requirements to obtain a Rhode Island divorce for members of the military. This include service members in active service and other military members set forth in the statute. In bold you will find the relevant portion of the Rhode Island Military Divorce Residency statute:

§ 15-5-12 Domicile and residence requirements. – (a) No complaint for divorce from the bond of marriage shall be granted unless the plaintiff has been a domiciled inhabitant of this state and has resided in this state for a period of one year next before the filing of the complaint; provided, that if the defendant has been a domiciled inhabitant of this state and has resided in this state for the period of one year next before the filing of the complaint, and is actually served with process, the requirement of this subsection as to domicile and residence on the part of the plaintiff is deemed satisfied and fulfilled. The residence and domicile of any person immediately prior to the commencement of his or her active service as a member of the armed forces or of the merchant marine of the United States, or immediately prior to his or her absence from the state in the performance of services in connection with military operations as defined in subsection (c) of this section, shall, for the purposes of this section, continue to be his or her residence and domicile during the time of his or her service and for a period of thirty (30) days after this. Testimony to prove domicile and residence may be received through the ex parte affidavit of one witness.

(b) Every word importing the masculine gender only shall be construed in this section to extend to and include females as well as males.

(c) The term “services in connection with military operations” shall be construed in this section to include persons serving with the American Red Cross, the Society of Friends, the Women’s Auxiliary Service Pilots, and the United Service Organizations.

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