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Post Divorce Do's and Don'ts and Important Information
(For your convenience, I have prepared this list of "Post Divorce Do's and Don'ts". Some may be applicable to your case and many will not be applicable. Please take a few minutes to read this.)
Do's
- Keep accurate records of child support, alimony, or other property settlement payment(s). In the event that there is a dispute as to whether or not you have made payments, accurate records are important for proof of payment.
- If you have a property settlement agreement in your case, any changes to the property settlement agreement must be in writing and signed by both parties.
- In the event that you do not have a property settlement agreement and there is only a final judgment in your case, changes can only be made by application to the court for a modification of the final judgment based on a substantial change of circumstances.
- If visitation of your children is in dispute, keep accurate records of your visitations documenting dates, times, activities and/or confrontations with your ex-spouse.
- Call me if you have any questions.
Don'ts
- Do not pay child support directly to your ex-spouse if your ex-spouse is on welfare! You must make the payment to the State of Rhode Island. In the event that your ex-spouse is on welfare and you make payments directly to her/him, then these payments will be considered a gift and the State of Rhode Island will still pursue you for the child support payments, despite the fact that you have made the payments to your ex-spouse. This will mean that you will have to make a double payment of child support.
- Do not modify the property settlement agreement by an oral agreement. ALL changes to a property settlement agreement must be in writing, signed by both parties.
- Do not make cash payments of alimony or child support without a signed receipt from your ex-spouse.
- If you make payments directly to your child or buy anything for your child, these payments will be considered gifts to your child and will not be a credit towards child support. Therefore, if you want these types of payments to be considered child support, they must be given directly to your spouse as child support.
- If there is a restraining order in your case, do not contact your ex-spouse without the restraining order being dismissed. Even if your ex-spouse initiates the communication or invites you over, you could still be arrested for violating the restraining order. Any type of communication is a violation of the restraining order including e-mails, letters, faxes or voice mail messages. Do not rely on your ex-spouse's insistence that a restraining order has been dismissed. You need to verify with the Clerk of the Family Court that the restraining order has been dismissed.
Important Information
A. Child Support
- Child support does not automatically terminate when your child reaches eighteen (18) years of age. Child support will automatically accrue unless a Motion to Terminate Child Support is filed.
- If you are the parent with physical placement of your child/children and your income significantly decreases or your ex-spouse's income significantly increases, then you should contact me to file a Motion to increase your child support payments.
- If you are the parent without physical placement of your child and your income decreases significantly or your ex-spouse's income significantly increases, then you should contact me to file a Motion to lower your child support obligation.
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