Even though the dissolution of marriage is designed to end the relationship between both spouses, in many incidences there are difficulties that arise once the final judgment is rendered. Post-divorce disputes in Rhode Island Family Court will often arise concerning child custody, spousal support, child support and visitation. In these cases, one or both ex-spouses will need to modify or enforce an existing order or defend a case to enforce or modify.
Post Final Judgment Motion
In many situations, the terms set forth in the divorce decree might not reflect the reality of how things are when circumstances change. Many post-divorce disputes involve:
- Job loss
- Significant change in income
- A change in the child’s health care and educational needs
- Relocating for employment
- Mental disability, physical challenges or serious illnesses
- motions to modify child support
- Enforcement of the final judgment of divorce in RI
- Motions to modify child custody
Modifying or Enforcing Spousal Maintenance or Child Support in Family Court
In some cases, modifying child support after a divorce is an appropriate solution for a change in circumstances. If one ex-spouse has a significant change in their life, like a serious illness or job loss, there may be a need to increase the financial amounts involved in child support or decrease how much is paid. These matters must be handled quickly because refunds of child support payments are not available.
In many situations, the Providence Family Court will determine that a modification to child support is applicable because of changing situations. In some cases, both ex-spouses would rather make an agreement outside of Family Court. However, it serves the best interest of everyone involved to consult with a reputable East providence child support attorney to understand the potential liabilities and rights being negotiated in the terms of the agreement.
Enforcing Child Support in Rhode Island after Divorce
The evolution of technology has made it more challenging on “deadbeat dads” to beat the system and neglect to make child support payments. This is because the Internet, computers and electronic technology makes it easier to track estranged parents and force them to make their child support payments current.
In fact, failing to pay “legally agreed” or “court ordered” child support can create serious problems more than just being in arrears. A “deadbeat parent” can face a negative credit history, a loss of driving privileges and their freedom. No parent should ignore a served petition for child support because the consequences could be life altering. Alternatively, parents that are owed child support from the other parent can petition the Family Court to take enforceable action.
Modifying or Enforcing Spousal Maintenance in RI
Modifying an agreement or order of spousal maintenance (alimony; spousal support) is often at the discretion of the court system. Because of that, it is best to hire the skills of a reputable RI divorce attorney who can serve as a legal advocate to petition the court for a modification.
Your Rhode island family law lawyer can do your bidding because they understand how to represent your needs to the judge and describe why the significant changes in your life necessitate a legal modification.
Visitation or Custody Changes
In many situations, litigation is necessary post-judgment when there is a desire to change custody or visitation rights or when the child needs to move with the other parent to another state. Often times, these types of post-divorce disputes are extremely complex and a post-decree custody modification requires extensive consideration. If your circumstances have changed even slightly and you have concerns of your existing court orders that relate to support arrangements, custody or the divorce, it is essential to speak with a RI child custody attorney. This is because any ill advised modification and enforcement issue can affect your life for years. Any attempt to resolve a post-divorce dispute on your own can lead to frustration and regret.
A family law and divorce attorney can provide various legal options on how to deal directly with any change in circumstances involving child custody, visitation rights, spousal maintenance and child support concerns. Your attorney can represent you in all post-divorce proceedings to ensure that your rights and the rights of your child are protected.
The Center for Disease Control reports: “The cumulative number of divorces granted in 1997 was 1,163,000, 1 percent more than the number for 1996 (1,150,000). The divorce rate per 1,000 population for 1997 was the same as the rate for 1996 (4.3), the lowest divorce rate in over two decades (3). The divorce rate per 1,000 married women 15 years of age and over was 19.8 in 1997, 2 percent higher than the rate for 1996, (19.5) which was the lowest rate since 1974. The number of divorces granted in 1997 was lower than the number granted in 1996 for 22 States and the District of Columbia; the number granted was higher for 23 States in 1997 than the number granted in 1996. The following areas did not provide provisional divorce data in 1997: California, Colorado, Indiana, Louisiana, and Texas.” Provisional Data From the CENTERS FOR DISEASE CONTROL AND PREVENTION/National Center for Health Statistics Births, Marriages, Divorces, and Deaths for 1997 Vol. 46, No. 12 + July 28, 1998 , http://www.cdc.gov/nchs/data/mvsr/mv46_12.pdf