Rhode Island Lawyer, David Slepkow
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RI Divorce Lawyer Sworn into United States Supreme Court Bar

RI Divorce Lawyer Sworn into United States Supreme Court Bar | Rhode Island Lawyer, David Slepkow | Scoop.it
Rhode Island Divorce lawyer, David Slepkow recently travelled to Washington DC to be sworn in as a member of the United States Supreme Court Bar. David wa
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Rhode Island Lawyer, David Slepkow
RI Divorce, Family Law, Child Custody, Personal Injury & Car Accident Lawyer
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Rhode Island Divorce From Soup To Nuts by RI Divorce Attorney David Slepkow - Slepkow Law (Est. 1932)

(401-437-1100) This article explains the Rhode Island divorce process from pre- filing considerations through trial including Rhode Island divorce law strategy. Finding a Rhode Island Divorce attorney / lawyer. The first step in obtaining a divorce from your spouse is finding a Rhode Island attorney who you are comfortable with. Many attorneys give free initial …
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Cost of Rhode Island Divorce


It is often impossible to determine how much a divorce will cost from beginning to end. However, it is a good idea to get an educated estimation of the eventual fee. This will never usually be more than a estimation because the cost of the divorce usually depends on several factors. Those factors could include how quickly a settlement is reached, the number of motions that each party will file, the amount / nature and complexity of assets to be equitably divided, the amount of documents involved in the case, the animosity of the parties to each other, the waiting time while you are in court and many other potential issues.


The Golden Rule is that the longer it takes to reach a settlement the more the divorce will cost because the lawyers will spend a lot more time working on the case. If there is no settlement and the case goes to trial or the day of trial, the divorce could get very expensive. If everything is agreed or nearly agreed to and the parties are relatively amicable then the divorce should take a lot less time and therefore be much less expensive.


Uncontested divorces in Rhode Island should be much less expensive then contested divorces. However, there are many different types of uncontested divorces. There are uncontested divorces with no real assets and uncontested divorces with assets to divide. If the divorce is uncontested and there are assets then the lawyer may need to prepare a property settlement agreement, deeds, qualified domestic relation orders etc. Therefore, the cost of an uncontested divorce could vary depending on the circumstances. For example if a lawyer has to draft a property settlement agreement , the lawyer will devote more time to the case.


I believe that a fair price for an uncontested divorce from soup to nuts in Rhode Island with no assets and no property settlement agreement is about $900 flat fee plus costs. The typical costs are a filing fee of $100 and service of process fees of approximately $40.


Intake process and drafting Rhode Island divorce Documents.

After you have retained the lawyer there is typically an intake process in which the lawyer gets the basic information so that he or she can properly represent you. The lawyer typically drafts the divorce documents and you sign them in front of him/her or another notary. These documents include a divorce complaint, DR(6) financial statement, statement of children of the marriage, counseling statement, report of divorce, summons and automatic divorce order etc. It is important that the DR6 form otherwise known as financial statement is accurately filled out.

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Residency Requirements to Obtain a Rhode Island Divorce - Slepkow Law (Est. 1932)

In order to obtain an absolute divorce in Rhode Island and Providence Plantations Family Court, either the husband or wife must be a domiciled inhabitant and resident of RI for one year next prior to to the filing of the complaint for divorce in RI Family Court. If the Plaintiff is not able to meet …
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In Rogers v. Rogers the Rhode Island Supreme Court determined that “The Family Court was established by the General Assembly as a court of limited jurisdiction. G.L. 1956 § 8-10-3. Under § 8-10-3(a), the Family Court has the authority to “hear and determine all petitions for divorce[.]” Specifically, subject-matter jurisdiction with respect to petitions for divorce is governed by § 15-5-12(a), which provides in pertinent part: “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 * * *. Barbara A. Rogers v. Robert F. Rogers, Rhode Island Supreme

Court,https://www.courts.ri.gov/Courts/SupremeCourt/OpinionsOrders/pdf-files/10-106.pdf


“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” Id.


https://www.courts.ri.gov/Courts/SupremeCourt/OpinionsOrders/pdf-files/10-106.pdf


(There are statutory exceptions pursuant to RI law for people in the armed forces (army, navy, air force, marines, military) who are stationed in other states or countries)

In the event that you do not meet the residency requirements to get divorce in Providence Family Court then you need to consult with a lawyer in a State where you do meet the residency requirements.


In the event that you are actually residing in RI but do not satisfy the residency requirements to obtain an absolute divorce in RI, you still may be able to obtain the benefits and protections of The Rhode Island Family Court. There are other causes of action that do not require 1 year residency. A complaint for separate maintenance without filing for divorce may allow you to deal with issues concerning: temporary alimony, property rights, child custody, child support, child visitation, payment of marital expenses, payment of the mortgage, restraining orders, etc. A Complaint for Separate Maintenance without filing for divorce is the closest thing that RI has to a legal separation. A divorce from bed and board and future cohabitation, which is rarely filed, may be another option of evading residency requirements.

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Reasons parents fall behind on RI child support

Child Support in Rhode Island
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Loss of hours
Many parents want to work full-time, but with the changed economy, they’re relying on part-time job status along with any governmental benefits they might be able to get. If the child support obligation was set when the parent was working full-time, and their job was reduced to part-time status, they fall into arrears on their obligation. This includes those who are self-employed, but it’s also easier for them to hide money, particularly if cash is involved.

Recognition
When a person pays child support, they have no control on how the money is spent. Children might not be aware of the fact that the non-custodial parent is contributing to their support. The recipient of the payments might even be using that income for purposes other than caring for the kids. The person with the child support obligation might ignore it, but they’ll buy things like toys, clothes or other material things for their children instead of giving the custodial parent money. That act of love is distinguished from the act of providing. A judge might consider this, but it doesn’t pay the rent or put food on the table on non-parenting time days.

Willful refusal
Some people wholly and completely refuse to recognize any moral duty to provide for their children. These are the people that usually end up being jailed for their willful refusals to pay child support in Rhode Island.

Providence family Court judges would rather see children provided for than cut off any chance of support by jailing a parent for child support arrearages. Most will work with you on arrearage issues, particularly if you have the benefit of an experienced  Rhode island family law attorney or Rhode island child support lawyer representing you.

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Post Divorce Tips Article in Providence Family Court

Rhode Island divorce lawyer, David Slepkow 401-437-1100. RI divorce attorney. Post divorce motions and litigation. Child Custody and Support in RI.
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Mistakes to avoid in Providence Family Court:

(1) Posting, tweeting, pinning or scooping about your Rhode Island divorce, custody or Family law cause of action. These posts anger Providence Family Court judges who do not see them as helping to resolve the matter. Also these posts could be detrimental to the child who may see them online. Win your divorce or custody case in the Courtroom and not on Facebook.


(2) Failure to file a motion to modify child support when you become unemployed or have a decrease in income. Child support in Rhode Island only is modified retroactively to the date you file your motion and serve the other litigant with notice of the claim.


(3) Do not interrupt a judge in Court or dress inappropriately. Providence Family Court is not a beach, gym or nightclub.  Remember: Perception is reality.


(4) If you are involved in a contested custody or visitation war, make sure you do not use illegal drugs such as marijuana. In a custodial matter, you are always subject to drug testing upon a moment notice.


(5)  Never treat clerks, court personnel, sheriffs or court investigators inappropriately. Judges will be very angry about this as they will always try to protect their staff.


(6) Never make important rash divorce or family law related decisions to get things over with or when you are angry.


(7)  Never directly or indirectly disparage the other parent when the minor children are present or can hear the communication. Never argue or fight with your spouse of the other parent while the children are present.


Marriage and divorce are both common experiences. In Western cultures, more than 90 percent of people marry by age 50. Healthy marriages are good for couples’ mental and physical health. They are also good for children; growing up in a happy home protects children from mental, physical, educational and social problems. However, about 40 to 50 percent of married couples in the United States divorce. The divorce rate for subsequent marriages is even higher.” American Psychological Association, Marriage and Divorce http://www.apa.org/topics/divorce/

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Organizing and Operating a Limited Liability Company (LLC) in Rhode Island - Slepkow Law (Est. 1932)

In Rhode Island (RI), owners of small businesses and rental or investment real estate should form a Rhode Island Limited Liability Company (LLC) to own and operate the business or real estate. The most important reason for establishing a Limited Liability Company (LLC) is that the owners of the Limited Liability Company, who are referred …
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Forming a Rhode Island limited liability company (LLC) requires that the following be done:
  1. Select a name for the company and confirm with the Rhode Island Secretary of State’s Office that the proposed name is not being used by or similar to another Rhode Island limited liability company.
  2. Draft and file with the Rhode Island Secretary of State the Articles of Organization of the limited liability company. The current filing fee is $150.00 payable to the Rhode Island Secretary of State.
  3. Prepare an Operating Agreement which will establish the rules for management of the limited liability company. The Operating Agreement may provide for a manager who typically is one of the members and is empowered to operate the company. Many limited liability companies, especially if they are owned by a single member or a husband and wife, are member managed, meaning that there would be no named manager, but that in fact the company would be operated by its members. The Operating Agreement would also contain provisions as to who is authorized to borrow money for the company, sign deeds or bills of sale, and do other actions which are not part of the day-to-day operation of the company. Typically, these types of actions require the consent of all the members.
  4. Obtain a Federal Identification Number from the Internal Revenue Service. Although, there is no income tax due from the company, a Federal Tax I.D. Number is required in order to file the Rhode Island Division of Taxation Pass-Through Income Tax Return and would be necessary if the company has any employees. There is a minimum Rhode Island fee due to the Division of Taxation for each limited liability company in the amount of $500.00 per year.
  5. Each year, a limited liability company must file an Annual Report. Currently, a fee of $50.00 is payable with each Annual Report.

It is important that all residential or commercial real estate owned by the LLC be transferred by deed to the limited liability company. The real estate deed should be prepared by a RI lawyer.


A limited liability company will not relieve an individual member from personal injury liability for their own actions or negligence. The general rule is that individuals are always responsible for their own negligence. However, an LLC will protect an individual member from facing personal liability for the negligence of employees or other LLC members.

There are certainly costs involved in establishing and maintaining a Rhode Island limited liability company (LLC).
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Negligent Security in RI -Liability for Crimes on Property

Rhode island Negligent Security Attorney, David Slepkow 401-437-1100. Liability for criminal actions of others in RI. Providence injury lawyers.
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Was the Act Intentional?

If a criminal intentionally commits a crime, the property owner may not be held liable for the acts of that person. For instance, if an individual owns a commercial building where he or she operates a business, he or she would not  usually be responsible for intentional crimes committed by employees. Still, that employer would have to show that he or she conducted a background check or took other reasonable steps to ensure that an employee did not pose a higher risk of committing a crime.  There is also the possibility of a negligent hiring cause of action  in Rhode Island in which the victim alleges that the employer failed to properly screen candidates or do a proper background check on employees causing the victim injuries as a result.

What Was the Status of the Criminal While on the Property?

The law takes into consideration that some parties are allowed to be on a property while others are not. If a criminal was trespassing when he or she committed a crime, the property owner may not be liable if it was not reasonable to expect the trespasser to enter the property. However, if the individual was invited onto the property or had permission to use it in any way, the owner of the property would more likely be liable if that third-party committed a crime.

Whether or not a property owner is liable for a crime committed by a third-party largely depends on the facts in the case. If it was reasonable to believe that an action or failure to take action increased the odds that a crime could occur, a victim may have a chance at winning compensation from that person.

Citations and Resources

57 Wash. & Lee L. Rev. 611 (2000)  Duty Not to Become a Victim: Assessing the Plaintiff’s Fault in Negligent Security Actions, http://heinonline.org/HOL/LandingPage?handle=hein.journals/waslee57&div=22&id=&page=

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Intersection of Family Law, Divorce & Criminal Law - Untangling the Web! - Slepkow Law (Est. 1932)

A Rhode Island criminal domestic misdemeanor or felony case is often intertwined with complex issues concerning family law, child custody, child support, visitation, restraining orders and divorce. A Rhode Island Family law case is often intertwined with criminal law issues. In some cases there are three cases or more proceeding at the same time: a …
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The no Contact order will preclude the accused from having any contact with the victim, his or her spouse or significant other. A no contact order often reeks havok upon the family unit especially when the parties are married or have children. The police will remove the accused from his or her residence. This removal creates a whole new set of challenges for the family. In many instances, the accused is the sole support for the family.


Also, there are often visitation issues that arise immediately. The accused often wants to visit his or her children.The victim usually has her own opinions which may or may not include the desire for the accused to visit with the children. Furthermore, the accused often has the need and desire to obtain his or her personal belongings such as clothes, toiletries, tools, work items etc.Also, the victim may seek another restraining order from the family Court or District Court and may seek child support.


This article addresses the above mentioned complex issues and answers the following questions:


Should I get a Rhode Island Criminal lawyer or Divorce lawyer to represent me in a criminal law or divorce case in Rhode Island?


An attorney is needed but not required. The old adage is that a person who acts as their own attorney has a fool for a client. Lawyers / attorneys are familiar with the legal process, the law , the judges and the legal system. In a criminal case you have a right to a free criminal lawyer from the Public Defender if you meet the income and eligibility requirements.


What is the difference between a domestic offense and a non domestic offense?


Any offense which is charged as a domestic offense is more serious than the same charge charged as a non domestic offense. Under Rhode Island (RI) law, a person who is found guilty of a domestic offense or who takes a nolo contendere plea with a sentence of filing, probation or suspended sentence must take batterers intervention classes.

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How do I terminate my child support obligation & stop wage garnishment in RI? - Slepkow Law (Est. 1932)

In Rhode Island and Providence Plantations, child support does not automatically terminate when a child reaches eighteen years old! Termination of a child support order is not automatic in RI! A child support order / obligation will only terminate if a motion to terminate child support is granted by a Judge of The Rhode Island …
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Pursuant to RI law, child support is eligible to be terminated upon a child attaining the age of 18 and graduating high school but not longer then the child turning 19 years old. If the child is 18 years old and still in high school than child support may continue until the child graduates high school but not longer then the child attaining the age of 19. If a child is determined to be severely disabled then child support may continue indefinitely. Also, if the Judge finds good cause the child support might continue for three months after graduation from high school but in no event past the child’s 19th birthday


A person should file a motion to terminate child support approximately 30-40 days prior to the child’s graduation from high school. If the child did not finish high school then a person should file their motion 30-40 days prior to the child’s 18th birthday. It will take a approximately 30-40 days until the clerk can schedule a hearing for the termination motion.


After the motion to terminate child support, the attorney must submit proper documentation and orders to the court, the obligors employer (to stop wage garnishment) and to the reciprocal clerk (to amend the computer records) If the computer records are not updated then the computer will continue to show an arrearage which may cause problems including automatic intercept of your tax refund, inability to obtain a passport among other problems.

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Divorce Attorney Providence, RI - Slepkow Law (Est. 1932)

David Slepkow is an experienced Rhode Island Divorce Attorney, with 17 years experience in Providence Family Court, concentrating in RI child Custody, family law, child support, visitation, restraining orders, relocation out of state, and out of state family law issues. Rhode Island Child Custody lawyer, David Slepkow is a member of the bar in both …
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Rhode Island Child Custody Attorney David Slepkow has authored many informative, extensive and in depth Rhode Island Law Articles related to Rhode Island Family Law. For a list of All Divorce Law Articles by David Slepkow, please visit: Rhode Island Divorce Law Articles by a RI Divorce Attorney.

For an extensive list of Family Law Articles by RI Divorce Attorney David Slepkow, please go to the following Law Articles: Rhode Island Family Law Articles. For a complete list of Child Custody Articles please review: Child Custody Law Articles by a RI Child Custody Lawyer. David Slepkow has set forth answers to Pertinent Child Support Law Issues at: Rhode Island Child Support Law Articles.

A “one-size fits all” strategy will not work in Rhode Island family law or in Providence Family Court. A Rhode Island Family Law Lawyer must be adept at helping clients in both highly contentious litigated matters and amicable out of court settlements. Our firm balances these interests and makes every effort to accommodate out of state clients who are unable to come to Rhode Island for client meetings. Please review the frequently asked questions about Rhode Island Child Support and Post Divorce Do’s and Don’ts prepared by Rhode Island Family Attorney, David Slepkow.

Rhode Island Lawyer David Slepkow has written over 50 RI law Articles pertaining to Rhode Island Divorce, Family Law, Child Custody, Child Support, Criminal law, Expungement and Rhode Island Personal Injury Law. To find these articles please visit: Rhode Island Law Articles

This firm provides services in the following areas of family law:

• RI divorce (non-contested and contested)
• child support contempt proceedings
• child support modification and termination
• property settlement agreements
• adoptions
• divorce and family law mediation
• visitation disputes
• interstate child support, visitation and custody matters
• child custody
• alimony
• restraining orders/domestic violence/no contact orders
• criminal matters relating to family law
• out of state relocation
• father’s rights
• out of state child support and family law issues
• paternity
• grandparents visitation
• enforcement of final judgment and court orders/contempt motions
• real estate issues concerning divorce and family law
• equitable division of assets
• drafting and negotiating prenuptial agreements and property settlement agreements
• motions to terminate, modify or increase child support
• dcyf matters

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Common Law Marriage in Rhode Island | Fact or Fiction

Rhode Island divorce attorney David Slepkow explains what is necessary to prove a common law marriage in RI Family Court. Providence family Court lawyer.
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Fiction – If a boyfriend and girlfriend reside together as a loving couple for 7 years then they are common law married.

This is 100% false. It constitutes an inane urban myth and it is not the law in RI!  A boyfriend and girlfriend or a same sex couple could reside together in the same domicile for 40 years or more in Rhode Island and Providence Plantations and not meet the legal definition of common law marriage in RI!

Nonetheless, another bf and girlfriend could “shack up” for 7 days  and be married under Rhode Island law. How could this this be true?

How could a party be common law married after 7 days?

Hypothetically, a boyfriend and girlfriend get engaged, call each other their fiancée and invite all their friends and family members to a large party which is not officially a wedding. The love birds do not obtain a marriage certificate from the State of Rhode Island and Providence Plantations or any other state. However, at the party the couple announces to all their friends and family in attendance that they are married and they consider this their wedding, they couple moves in together the next day. The woman puts he significant other on her health insurance at work. They are in all likelihood married by common law after just 1 week!


In order to prove a common law marriage in RI Family Court, a  boyfriend and girlfriend or a same sex couple must prove by clear and convincing evidence that they “seriously intended to enter into the husband-wife relationship.” Demelo v. Zompa, 844 A.2d 174 “The parties conduct also must be of such a character as to lead to a belief in the community that they were married.” Demelo v. Zompa 844 A.2d 174 “The prerequisite serious intent and belief is demonstrable by inference from cohabitation, declarations, reputation among kindred and friends, and other circumstantial evidence.” Demelo v. Zompa, 844 A.2d 174


A very important factor to determine whether a party has met its burden of proof to establish the existence of a common law marriage is whether a couple holds themselves out to the community as husband and wife. The Rhode Island Family Court examines many factors,  lots of conflicting evidence and numerous factual allegations in making the Court’s determination as to whether there is a common law marriage or not.

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Coming Soon: How to Avoid Visitation Disputes - Slepkow Law (Est. 1932)

David Slepkow is a partner concentrating in Rhode Island (RI), divorce, family law, domestic relations, child custody, child support, visitation, restraining orders and out of state family law issues. He is a member of the bar in both Rhode Island and Massachusetts. In practice since 1997, David prides himself on being able to adapt to …
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Free initial consultation . Reasonable and affordable rates. Weekend and evening appointments available. All major credit cards accepted. Flat rate nominal non-contested divorces offered. Please email David Slepkow with your family law inquiry. We at Slepkow, Slepkow & Associates also have five other lawyers to assist you in your real estate, business and corporate law, probate law and zoning law legal needs.

East Providence Child Support, Restraining Orders Family & Divorce Lawyers

Article prepared by Attorney David Slepkow, 1481 Wampanoag Trail, East Providence, RI, 401-437-1100, Contact Attorney David Slepkow.

Here is an excellent article by a Florida Family Law Attorney which is mostly applicable in Rhode Island Visitation cases. Please note that in Rhode Island a substantial change in circumstances is required to modify a visitation agreement. In parenthesis, I have noted the difference between Florida Family Law and Rhode Island Family Law.

Visitation Agreements – A Critical Part Of The Divorce Process By Kim Byrd

Visitation is often the most contentious issue divorced parents have to deal with on an ongoing basis. Issues concerning visitation are rarely black-and-white and often require flexibility as circumstances change. Visitation can also be the only remaining control mechanism divorced parents have over each other. Creating a detailed visitation agreement, as part of the divorce process, can help prevent years of stressful encounters and prove beneficial to both parents and their children.

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Child Support Law in Rhode Island - Slepkow Law (Est. 1932)

This article, written by a Rhode Island Family and Divorce law lawyer, David Slepkow, explains in detail the following Rhode Island Child support Issues: Establishing, modifying, terminating, enforcing, contempt, college, daycare, overtime as well as an explanation of the RI support guidelines!! RHODE ISLAND CHILD SUPPORT FROM A-Z Establishing Rhode Island Child Support: How is …
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How is Rhode Island (RI) Child Support determined in divorce cases, paternity cases, and child visitation cases?

In most cases, it is set by the “Rhode Island Family Court Child Support Formula and Guidelines”. In the vast majority of cases in Rhode Island, the minimum Rhode Island child support guideline amount is used..

However, a parent has the right to seek more then the minimum guidelines because the guidelines are supposed to be the minimum amount a parent will receive as child support. In Theory, The Guidelines are intended to be the floor rather then the ceiling for child support. In actuality, the minimum guidelines are used in the vast majority of Rhode Island cases.

The court is entitled to look at the assets of a party in determining child support. The Family Court can also look at extraordinary expenses of either party and can look at the needs and expenses of the parties. The Court can look at any circumstances the judge believes appropriate. If a person is underemployed or refusing to work when capable of working then the court can determine the earning capacity of the party. Some Judges consistently go over the minimum guidelines.

The Rhode Island guidelines uses an income shares model in which the adjusted gross income of both parents are used to determine the correct amount of child support. Essentially, the guidelines look at the combined adjusted Gross income of both parties. Adjusted gross income means the gross income of a party with certain required deductions from gross income for medical insurance & dental insurance. Another required deduction is for additional minor dependants (children). There are also certain discretionary deductions that some judges may allow such as life insurance costs.


After determining the combined adjusted gross income of the parties, the Rhode Island Guidelines should be utilized to determine what the state of Rhode Island believes that two parents with that amount of adjusted gross income would pay for support if the parents were still residing together. After that number is determined daycare expenses are added onto that amount.


The non custodial parent pursuant to the minimum guidelines should be obligated to pay a percentage of that amount set forth above that is the same same percentage of that persons adjusted gross income to the total adjusted gross income of both parties.


For example: If Mom makes $1000 a month and dad makes $4000 a month and each has $200 dollars of medical insurance payments then the adjusted gross income of mom is $800 and the adjusted gross income of dad is 3800. The combined adjusted gross income of both is $4600. Dad makes $82.6 percent of the combined adjusted gross income of the parties and is required to pay 82.6 percent of the minimum guideline amount guideline amount plus the daycare expenses.

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Rhode Island Business & RI Corporate Law- Slepkow Law

Rhode Island Business & RI Corporate Law- Slepkow Law | Rhode Island Lawyer, David Slepkow | Scoop.it
Providing experienced legal assistance and counsel on all business law and related legal matters. Slepkow & Slepkow Associates, INC in East Providence
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1) Should I protect my home and personal assets by incorporating my business?

Typically, yes. The single most important reason for incorporating is the fact that debts of the corporation and claims against the corporation will not adversely affect your home and other personal assets.

2) What is the difference between a corporation and a limited liability company (LLC) in Rhode Island?

Both a corporation and a limited liability company provide asset protection against claims against your personal assets. The main difference between the two involves the treatment of profits and losses for income tax purposes. A corporation is a taxable entity and pays taxes on its profits. A limited liability company does not pay taxes on the corporate level, but its profits and losses are taxed on each member’s own tax return. In a corporation the owners are referred to as shareholders and in a limited liability company the owners are referred to as members. The chief executive officer of a corporation is the President. The chief executive officer of a limited liability corporation is the Manager.

3) What will my lawyer need to know at our first meeting in order for him to incorporate my business?

You will need to provide the attorney with two or three potential names for the business so that he can determine if any of them are already used. The attorney will need to know the name of your accountant so that he can discuss with the accountant whether you should be a corporation or a limited liability company. The attorney will need to know the names, addresses and social security numbers of each of the shareholders/members of the corporation or limited liability company.

4) If I incorporate, will I need to do anything each year to keep the corporation in good standing?

Yes. An annual report filed with the Secretary of State is required each year listing the address of the business and the current shareholder/member. Typically, an attorney prepares this report and updates the corporate minute book by preparing the minutes of the annual meeting.

5) If I am operating a business with another person, should I form a partnership or incorporate?

If you are in business with another person, at the very least you should have a partnership agreement indicating who owns the business and how decisions are made in the operation of the business. Another crucial aspect of the agreement will be determining what happens upon the death of one of the owners. Often, it is preferable to set up a corporation or limited liability company so that your personal assets will be protected from the debts of the partnership and for any claims for injuries or property damage resulting from the other partner.

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Rhode Island Child Support Law FAQS - Daycare, Overtime, Modification, College, Termination, motions to modify - Slepkow Law (Est. 1932)

1) What if my child’s parent works overtime? Will overtime be included in child support? There is no standard law or rule in Rhode Island regarding whether or not the non-possessory parent’s overtime will be used to calculate child support. One Judge in Rhode Island consistently rules that overtime compensation cannot be used to calculate …
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Judges may also look at other factors such as the needs and expenses of both parties and any extraordinary expenses for the child. At least one Judge has suggested that the possessory parent get a percentage of the overtime that is worked by the non-possessory parent. Other Judges in Rhode Island believe that overtime should always be a factor in child support. Often the issue of overtime is negotiated by the lawyers prior to any formal ruling by the Judge.


2) My child is about to turn 18 but is still in high school and living at home, can I still get child support?


Under Rhode Island Law, child support should end when a child turns 18 and graduates high school. If the child is still in high school, then child support will continue until the child turns 19.

Child support in Rhode Island automatically continues even after the child turns 18 unless a Motion to terminate child support is filed. If you are a non-possessory parent, your best option is to contact a lawyer to file a Motion to Terminate Child Support approximately 40 days prior to your child turning 18 and graduating high school. This will mean that the motion will be heard on a court date soon after the child turns 18. Please note that the non-possessory parent can still be found in contempt for failure to pay child support even after the child turns 18 if there is no motion granted to terminate the child support. If a child is seriously disabled, child support shall continue until the child turns 21 years old.


3) Can I get my child’s father to be ordered to pay for my child’s college education?


In Rhode Island the Court has no jurisdiction to order a parent to pay for the college education of his/her child. However, if pursuant to a Property Settlement Agreement or other contract, one party agrees to pay for a child’s education, then that agreement may be enforced by a court of law. Therefore, if you seek to have your child’s parent pay for your child’s college education, then you must negotiate payment of college expenses as part of a global settlement of the divorce or custody agreement or other similar agreement.


4) Who is going to pay for my child’s daycare?


The Rhode Island minimum child support guidelines take into account both the importance and expense of daycare. The child support guidelines and worksheet are used to determine the proper amount of child support to be paid by the non-possessory parent. The bottom line is that a party will be ordered to pay approximately the same percentage of the daycare that the party makes in relation to that party’s percentage of the combined gross income of both parties.

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RELOCATION OF CHILDREN OUT OF STATE IN RHODE ISLAND - Slepkow Law (Est. 1932)

PLEASE CAREFULLY READ THIS RHODE ISLAND SUPREME COURT CASE (DUPRE V. DUPRE) IF YOU SEEK TO RELOCATE YOUR CHILDREN OUT OF STATE WITHOUT THE PERMISSION OF THE OTHER PARENT OR IF YOU OPPOSE SUCH RELOCATION OF YOUR CHILDREN!! Robert E. Dupre v. Melanie S. Dupre. No. 2002-300-Appeal. SUPREME COURT OF RHODE ISLAND 857 A.2d 242; …
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[*244] Suttell, Justice. Huahine 1 – “Garden of Eden * * * with its lush forests, untamed landscape, and [*245] quaint villages, is one of Polynesia’s best-kept secrets.” 2 Huahine – its very name evokes images of endless white sand beaches, azure blue and emerald green waters and soft caressing breezes – a true tropical paradise. Unfortunately, our interest in Huahine is not for travel or adventure. Our interest in the island is rather more pedestrian, yet nevertheless of vital significance. In this appeal from a judgment of the Family Court, Huahine is the focal point of a contested dispute between two divorced parents, both of whom are fit and caring parents, over the appropriate placement of their two children.


Relocation is a perplexing problem under the best of circumstances. Few cases, however, present the issues so acutely as this appeal. Not only do the parties enjoy joint legal custody, but also they were awarded joint physical placement [**3] by the terms of a property settlement agreement that was incorporated into the decision pending entry of final judgment. Of particular significance to our inquiry are the logistical challenges facing the parties and their two children. Father resides in Jamestown, Rhode Island, and mother in Huahine, more than 6,400 miles and twenty-four hours travel time distant. Even in an age of instant communications and global transportation, the logistics are daunting.


We also recognize that neither statutory nor previous Rhode Island case law provides much guidance in this very troublesome area. Here, after finding that “mother would best serve the emotional and physical needs of the children,” the Family Court ruled that she had failed to show “a compelling reason” to reside in Huahine. It therefore denied her request to move the children there, and awarded placement to father. Because we conclude that the Family Court incorrectly applied a compelling-reason standard, we vacate the judgment and remand the case for further proceedings.

Facts and Travel

Robert E. Dupre, Jr., (Robert or plaintiff) and Melanie S. Dupre (Melanie or defendant) were married in 1987 in the south of France. [**4] Before their marriage, they had lived together for approximately seven months in 1979 in French Polynesia, both in Papeete, Tahiti, and on the island of Moorea. In September 1979, they moved to Aix-en-Provence in France, where they resided for approximately one year.

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Private School Education & College - Child Support - Slepkow

CALL Rhode Island child Support Attorney, David Slepkow 401-437-1100. Providence Family Court lawyers. RI divorce laws.
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Can I get the other parent to be ordered to pay their fair share of the college education of my child in Rhode Island?


No, Unless there is a marital settlement agreement (msa) or property settlement agreement (psa) in which the parties agreed to such obligations. Under Rhode Island law, support of a child  is eligible to be terminated when a child turns 18 and graduates high school but in no event after the child turns 19. (If the child has a sever disability then child support could  continue indefinitely)


The  RI Family Court has no jurisdiction to order any payments or support for a child beyond the designated termination set forth above. The  Providence Family Court cannot order payment of university, community college, technical college, or post high school education but  the Providence Family Court  will enforce a  property settlement agreement (psa) between the husband and wife obligating payment of college.


If you have further questions, please contact a Rhode Island child support lawyer or a RI Divorce attorney.

Citation and resources:

Akron Law Review Volume 19 | Issue 2 Article 1 1986 Parents’ Support Obligations To Their Adult Children Marvin M. Moore http://ideaexchange.uakron.edu/cgi/viewcontent.cgi?article=1771&context=akronlawreview

National Conference of State Legislators, TERMINATION OF SUPPORT-COLLEGE SUPPORT BEYOND THE AGE OF MAJORITY http://www.ncsl.org/research/human-services/termination-of-support-college-support.aspx 

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Post Divorce Do's and Don'ts - Slepkow Law (Est. 1932)

(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. This information applies to Rhode Island law only. If you have any questions, please call Attorney David Slepkow at (401) …
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DO

  1. 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.
  2. 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. Call me before making changes to the property settlement agreement.
  3. 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 a substantial change of circumstances. Call if it is necessary to make any modification to the final judgment.
  4. 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.
  5. Call me, David Slepkow, (401) 437-1100, or email me at dslepkow@slepkowlaw.com if you have any questions.

DON’T

  1. 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 your made the payments to your ex-spouse. This will mean that you will have to make a double payment.
  2. 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.
  3. Do not make payments of alimony or child support without a signed receipt from your ex-spouse.
  4. 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 toward child support. Therefore, if you want these types of payments to be considered child support, they must be given directly to your ex-spouse as child support.
  5. 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 the 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


  1. Child Support
    1. Child support does not automatically terminate when your child reaches eighteen (18) years of age. Child support will automatically accrue until your child turns nineteen (19) years of age unless, a Motion to Terminate Child Support is filed.
    2. 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.
    3. If you are the parent without physical placement of your child and your income decreases 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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No Fault Divorce in RI - Slepkow Law (Est. 1932)

Rhode Island is a “no fault state”. Does that mean the assets are always divided 50% to the wife and 50% to the husband in a divorce? No. A no fault divorce in Rhode Island simply means that a fault grounds are not necessary in order to obtain a divorce in Rhode Island. In other …
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The following types of behavior could be grounds to obtain more than fifty percent of the marital assets: alcoholism, drug addiction, domestic violence, criminal history, incarceration, extra marital affairs (cheating), abusive behavior, gambling, emotional abuse, sexual abuse, financial mismanagement, criminal activity, abandonment, etc. You should consult with a Rhode Island lawyer / attorney concerning the circumstances of your case and how they will affect your divorce.


What is an Uncontested divorce in Rhode Island?


An uncontested divorce is a divorce in which the parties agree to all issues involved in the case including child custody, child support, visitation, equitable division of the marital domicile (real estate) etc.


What does a “no fault” divorce mean in Rhode Island?

In some states, it is necessary to prove fault grounds in order to obtain a divorce. Under Rhode Island divorce and family law, it is not necessary to prove fault grounds in order to obtain an absolute divorce. All you need to do is prove irreconcilable differences in order to get a divorce. Irreconcilable differences can be anything from lack of communication, different goals and aspirations, affairs, domestic violence, arguing, fell out of love or actually anything. In other words, if either party wants to terminate the marriage, then that party can get a divorce in Rhode Island so long as the other jurisdictional requirements in Rhode Island are met.


How does fault affect a Rhode Island (RI) divorce?

Even though Rhode Island is a no fault state, fault can play a very important role in how the court equitably divides the assets and debts of the parties. After the family court has determined what assets are in fact marital assets, then the court will look at various factors to determine the equitable division of assets. The court may consider the following factors in determining equitable assignment of the property.

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Landlord liability Types of accidents at residential multifamily homes

Owning a rental property In Rhode Island is not always as easy as some people believe. There are a lot of things a  RI multi-family residential landlord must take into consideration to be protected from legal liability. Legal liability is an issue all landlords need to take into account. If someone gets hurt on a rental …
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Fire accident

Fires are a type of accident that landlords may be held accountable for if certain conditions are met. It must be proven that the fire resulted from the landlord’s negligence.
For example, if the fire was a result of faulty wiring, it is possible for the landlord to be found negligent. However, it must be proven that they landlord knew about the faulty wiring or should have known about it and failed to take action.  Landlords are not always held liable in the event of house fires. If the fire is caused by events beyond the landlord’s control, he or she will not be held accountable.

Structural Collapse

Structural collapse is another issue in which a landlord could be held liable. A structural collapse could involve the whole house, but this problem is more common for staircases. If a tenant were injured in the structural collapse of a staircase, it must be proven that the landlord was at fault.

For example, the landlord will be held liable if it can be proven that he or she was aware of the unsafe condition of the staircase. If the landlord took reasonable measures to fix the issue, he or she would not be held liable.

Citations and Resources

“In a recent New York case 1 the Court of Appeals laid down a doctrine for determining the liability of a landlord for damage resulting from gratuitous repairs.” Liability of a Landlord for Negligently Making Repairs When Not Obligated to Do So St. John’s Law Review Volume 7 Issue 1 Volume 7, December 1932, Number 1  Irving L. Wharton http://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=6138&context=lawreview

35 UALR L. Rev. 1049 (2012-2013)  Caveat Who: A Review of the Landlord/Tenant Relationship in the Context of Injuries and Maintenance Obligations http://heinonline.org/HOL/LandingPage?handle=hein.journals/ualr35&div=44&id=&page=

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How to Calculate Child Support in Rhode Island Family Court

Child Support Law in Rhode Island. How to calculate child support in Providence Family Court in RI by an East Providence child support lawyer.
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May a Providence Family court Justice review other factors to determine a support order for children?

The Kent County Family Court or Newport family court may review the real estate, property, accounts and other assets of both the payor and payee  of support when setting child support. The Providence Family Court may consider extraordinary and unusual expenses of the custodial parent and may review needs and expenses of both the  custodial and noncustodial parent. The Justice of the Family Court can look at any factors he or she deems appropriate. In some instances, the Providence Family Court magistrate may make a finding that a person is underemployed or not taking proper steps to obtain a job.  In that case the Justice can impute income to the parent subject to the support order.


What is the income shares model?


The RI Child Support guidelines utilize an income shares concept. The adjusted gross income of both the obligor and obligee parent of the minor child  are looked at to determine the proper amount of child support in Rhode Island. The child support guidelines in RI  take into account the combined adjusted Gross income of both father and mother. Adjusted gross income is the gross income of a party subtracting certain required deductions for medical and dental insurance.  Each party may subtract a certain amount for additional minor dependents (children) from their gross income.  Discretionary deductions such as life insurance are rarely allowed in Providence Family Court


The RI Support Guidelines shows what the state of RI and Providence Plantations believes that father and mother with that amount of adjusted gross income would pay for support if the parents were living with each other as a family.  Daycare costs for reasonable and necessary work related daycare are added onto that amount.


The non custodial parent pursuant to the minimum guidelines should be obligated to pay a percentage of that amount set forth above that is the same same percentage of that persons adjusted gross income to the total adjusted gross income of both parties.

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Forced Sale Of Real Estate In RI With Family Member, Business Partner, Significant Others-Partition - Slepkow Law (Est. 1932)

A partition case in Rhode Island (RI) is an equitable, legal action in which a person corporation or legal entity can force the sale of real estate against another co-owner or life tenant. Partition cases can be a result of many different types of real property disputes between owners or life tenants or other people …
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In the vast majority of partition cases, there is no way to stop the partition of the property unless there is a settlement. If there is no settlement, the Rhode Island Superior Court will appoint a commissioner to sell the property. In some limited circumstances a partition case can be filed in the Rhode Island Family Court. A Partition Action in the RI Family Court would usually be in the context of a post divorce action involving third party owners or even a divorce involving third parties

If a Commisioner is hired What are his responsibilities?

When a commissioner is appointed to sell the real estate, the parties lose a lot of control over the sale of the property. A commissioner is an independent Rhode Island Attorney / lawyer appointed by the Superior Court Judge. A commissioner will be very expensive to the parties because the commissioner legal fees will be taken from the proceeds of the sale before the distribution to the parties.


The commissioner may also hire other real estate experts such as areal estate appraiser to do a appraisal of the property. The commissioner may also search title to the property or hire a title examiner to determine if any other parties have an interest in the real estate. The title examiner or commissioner would need to search title at the registry of deeds. If there are title issues concerning the property the commissioner may incur legal fees to resolve the title issues. Other parties with an interest in the real estate may need to be joined as parties. The commissioner will also hire a realtor to list the real estate for sale on the open market. The commissioner will usually agree to pay the realtor the prevailing commission rate. The Realtor will be paid his or her commision at the real estate closing.

Do Partition case often settle prior to appointment of a commisioner?

Either party to the partition lawsuit, the plaintiffs or the defendants may be given an opportunity to purchase the property so long as they are willing to pay thefair market value of the real estate.


In a vast majority of the partition cases a settlement of the case is reached before a commissioner is appointed. This allows the parties to avoid the expense of the commissioner and avoid other legal fees for the parties lawyers / attorneys. If the case is not settled then the commissioner will sell the property and put the proceeds of the sale into the registry of Court and the parties can then argue as to who is entitled to those proceeds. The commissioner may need to deal with eviction issues or landlord tenant issues related to nonpayment of rent.

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Common Types of Child Visitation Disputes Between Parents

Rhode Island child visitation lawyer
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Court Involvement


It is important to ensure that children grow up in stable environments. The role of the judge is to make decisions that will afford both parents ample opportunities to interact with their children. Even if you are a non-custodial parent, the judge wants to grant you visitation rights with your child. In many instances, the requests of non-custodial parents will be granted. However, any visitation time should not interfere with the child’s reasonable schedule.


At times, a judge will not initially make a determination. The parents may be sent to a mediator to help them resolve the issue. If the issue cannot be resolved through mediation, the case can be sent to the judge to make a determination. Once the determination has been made, it is expected that both parties adhere to the visitation schedule. In some cases, parents may willfully disregard the visitation schedule.


Seek Legal Guidance


If your visitation rights have been denied by the other parent, there is help available. A RI family law attorney may be able to help you get the visitation order enforced.
In  Rhode Island child custody cases, time is of the essence.

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Common Accidents that Occur on Real Estate - Slepkow Law

CALL Rhode Island premises Liability Lawyer, David Slepkow 401-437-1100. Providence Slip & fall attorneys. RI personal Injury lawyers. Real Estate accident
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Owning real estate in Rhode Island comes with certain important responsibilities. One of these is protecting visitors from accidents that happen on your property in RI. If you don’t take the proper precautions,  someone could be injured and retain a Rhode Island premises liability lawyer and you could be sued. With that in mind, below are 18 common accidents on real estate you should certainly try to prevent.

1. Slips on Ice

During the winter, make sure you properly salt your sidewalk and driveway.

2 Dangerous dogs

Make sure your dog is properly trained and if the dog is dangerous keep the dog cordoned off from visitors.

3. Sink Hole Falls on real estate

Open cavities under you land can kill when the above ground collapses. Have your land surveyed for sink holes.

4. Slips on Objects on Stairs

Inside and out, always make sure that no loose object remains on the steps of a staircase.

5. Outdoor Fires

Never burn anything on your property unless it’s in a secured fire pit. Even cinders can spark a fire somewhere else.

6. Tripping on Broken Concrete on real estate

Broken concrete on sidewalks and driveways can be a hazard for pedestrians.

7. Electrocution

If wiring is not properly installed inside a building, it could lead to the electrocution of the occupants.

8. Dog Bites

As a property owner, you are responsible for making sure your dog does not bite and injure anyone else who comes near that property.

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COMING SOON: FUNDAMENTALS OF CHILD CUSTODY BY RHODE ISLAND DIVORCE LAWYER DAVID SLEPKOW - Slepkow Law (Est. 1932)

David Slepkow is a partner concentrating in Rhode Island (RI), divorce, family law, domestic relations, child custody, child support, visitation, restraining orders and out of state family law issues. He is a member of the bar in both Rhode Island and Massachusetts. In practice since 1997, David prides himself on being able to adapt to …
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Free initial consultation . Reasonable and affordable rates. Weekend and evening appointments available. All major credit cards accepted. Flat rate nominal non-contested divorces offered. Please email Rhode Island Divorce Lawyer David Slepkow with your family law inquiry. We at Slepkow, Slepkow & Associates also have five other lawyers to assist you in your real estate, business and corporate law, probate law and zoning law legal needs.


Article prepared by Attorney David Slepkow, 1481 Wampanoag Trail, East Providence, RI, 401-437-1100, Contact Attorney David Slepkow.


Divorce and Family Law Frequently Asked Questions


1. How long does it take to get a contested or uncontested divorce in Rhode Island (RI)?


2. What does no fault divorce mean in Rhode Island?


3. What is the residency requirement to obtain a divorce in Rhode Island?


4. Does it make a difference who files the divorce first?


5. Please explain the law in Rhode Island concerning child support including motions to modify, increase or terminate child support based on a child turning 18 years old and contempt motions for failure to pay child support


6. How are issues related to child support such as: overtime, college education, daycare, self-employment, unemployment, shared physical placement, joint/sole custody, extracurricular activities of the child, uninsured medical, dental and orthodontist expenses, loss of job (unemployment), new dependants, living expenses, disability (SSI & SSDI), welfare and AFDC, determined in Rhode Island


1) How long does it take to get a divorce in Rhode Island?

If all issues concerning divorce, child support, equitable division of assets, alimony, visitation and other issues are resolved between the parties, the earliest possible date for a nominal divorce (a nominal divorce is a non-contested divorce in which everything is agreed to) is approximately seventy days after the plaintiff files a complaint for divorce. If the matter is set down as uncontested, then an automatic court date, “the Nominal Divorce Hearing”, will be set by the clerk approximately seventy days after filing.


In the event that one party does not want to go forward on that seventy day nominal divorce hearing date or if all issues are not resolved between the parties, then the case will not go forward on the nominal date and will be set for additional conferences and potentially the discovery process. The case may eventually culminate with a trial. Contested divorces typically resolve in 6 – 10 months.


The divorce cannot become finalized until, at a minimum, ninety days after the parties attend the nominal court hearing. In the event that the parties do not go to court and resolve the matter at the nominal court date, then the divorce could take up to one year or potentially more. Please call David Slepkow at 401-437-1100 for a free initial consult.

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Child Support in Rhode Island FAQS | RI Support Lawyer - Slepkow Law (Est. 1932)

Call Rhode Island Child Support Lawyer, David Slepkow 401-437-1100. 18 years of RI Family Court Experience!
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1) What if my child’s parent works overtime? Will overtime be included in child support?
Overtime will typically be used to calculate child support.  Judges in Rhode Island will typically look at whether or not a person consistently works overtime over a substantial period of time. Judges may also look at whether or not overtime is consistently offered to a spouse. If overtime is infrequent or not typically offered Judges may be hesitant to calculate overtime as a factor of child support. In that case, many attorneys argue that a person’s income should be calculated using their W2 or gross income for the entire calendar year. By calculating gross income over an entire calendar year even infrequent overtime becomes an element of child support.Judges may also look at other factors such as the needs and expenses of both parties and any extraordinary expenses for the child.  Often the issue of overtime is negotiated by the lawyers prior to any formal ruling by the Judge.

2) My child is about to turn 18 but is still in high school and living at home, can I still get child support?
Under Rhode Island Law, child support should end when a child turns 18 and graduates high school. If the child is still in high school, then child support will continue until the child turns 19. Child support in Rhode Island automatically continues even after the child turns 18 unless a Motion to terminate child support is filed. If you are a non-possessory parent, your best option is to file a Motion to Terminate Child Support approximately 40 days prior to your child turning 18 and graduating high school.

This will mean that the motion will be heard on a court date soon after the child turns 18. Please note that the non-possessory parent can still be found in contempt for failure to pay child support even after the child turns 18 if there is no motion granted to terminate the child support. If a child is seriously disabled, child support may continue for the child’s entire life. If your child is seriously disabled please contact me becuase you need to file a motion to have your child support extended.

3) Can I get my child’s father to be ordered to pay for my child’s college education?

In Rhode Island the Court has no jurisdiction to order a parent to pay for the college education of his/her child. However, if pursuant to a Property Settlement Agreement or other contract, one party agrees to pay for a child’s education, then that agreement may be enforced by a court of law. Therefore, if you seek to have your child’s parent pay for your child’s college education, then you must negotiate payment of college expenses as part of a global settlement of the divorce or custody agreement or other similar agreement.

4) Who is going to pay for my child’s daycare?

The Rhode Island minimum child support guidelines take into account both the importance and expense of daycare. The child support guidelines and worksheet are used to determine the proper amount of child support to be paid by the non-possessory parent. The bottom line is that a party will be ordered to pay approximately the same percentage of the daycare that the party makes in relation to that party’s percentage of the combined gross income of both parties.
For example: If the husband makes $100,000.00 and the wife makes $50,000.00 the combined gross income for the parties is $150,000.00. Therefore, the husband makes 66 percent of the income and will be ordered to pay 66 percent of the daycare in addition to child support. (There may be an adjustment to take into account the federal tax credit.) This amount is added onto the minimum Child Support Guidelines amount.

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