Key components of prenuptial agreements! Important provisions in well-written premarital agreements


In which circumstances should I consider a prenuptial agreement in Rhode Island?

Premarital agreements are not appropriate for each couple. The prenuptial agreements are the most prevalent in the second marriages. They are especially prevalent in the first or second marriage when one or both parties have children of a marriage or previous relationship. They also prevail when a future spouse has a child or children of a previous relationship.

This article only refers to a prenuptial agreement written in Rhode Island or that will be interpreted by the law of Rhode Island.

Is there a difference between a prenuptial agreement and a premarital agreement?

The premarital agreement, the antenuptial agreement and the prenuptial agreement are all different terms for the same document and are used interchangeably.

Preserving assets for children.

When a person has a son of another relationship and is studying a marriage, he often wants to make sure that his son will inherit earned goods. A person wants to make sure that their assets will be allocated to their children more than their new spouse or new spouses & # 39; children

Many parents fear that their earned goods that were acquired before the marriage will be allocated to their new spouse or their children when divorcing or dying rather to their own son.

Real estate planning can be a crucial element of a good pre-nuptial agreement!

Without protection by means of estate planning, will, trust or prenuptial agreement, a substantial part of your separate assets can go to your new spouse after the divorce or death. The patrimonial planning can also be a very important element in premarital agreements. I strongly advise you to retain a Rhode Island (RI) divorce lawyer and lawyer to draft or represent you about the execution of the premarital agreement.

Prenuptial agreements are often celebrated when the husband or wife has acquired important premarital "separate" goods / goods. In many cases, one of the spouses will have a property more substantial than the other spouse.

Be careful! The suggestion of a Prenuptial can be an emotionally charged problem.

Pay close attention when suggesting a premarital agreement with your future spouse, especially in a first marriage.

Often, your future husband / wife will be very upset with the suggestion that they must sign a premarital agreement. This is a very sensitive issue. Potentially potentiate the whole relationship. Some believe that premarital agreements run contrary to the marriage pact. Others are against the prenuptials because they believe that, in essence, they plan to divorce when the marriage is ideal forever.

Negotiate nuptial in advance of the wedding!

It is a very bad idea to suggest a prenuptial at the last moment. You must propose the nuptial before the wedding. The last thing you want to do is negotiate a complex contract a week or two before the wedding. It can be obvious that you contact a lawyer / lawyer just before the wedding and can make unjust pressure on your spouse.

What are the standard provisions for a simple prenuptial agreement?

The most standard prenuptial agreements only protect a separate premarital property of a person. In many cases, the parties renounce the entire title and the interest of the premarital property of the other. The prenuptial agreement must also address questions related to the appreciation of the value of premarital property during the course of marriage. The prenuptial should treat additions to pre-marital property after the wedding. The prenuptial should also be directed when a premarital property is used to buy other goods during the course of the marriage.

The simplest prenuptial agreements simply assert that all property owned by the parties before the marriage would be their separate property free and free of all claims of the other party. In this case, any property acquired after the marriage would be a civil property subject to equitable distribution. This type of prenuptial should also address the issue of increasing the value of premarital property.

Some prenuptial agreements go even further and state that property acquired in an individual name during the marriage would be separate property that the other party would not be entitled to divorce or death. The execution of this provision is, in the best case, tenuous.

Prenupional agreements can fundamentally state the provisions that the parties wish and the law allows.

What are the most important elements of a good antenuptial agreement?

The most important aspect of a good premarital agreement is clarity. The second important aspect of a nuptial is full and complete disclosure.

Both parties must make known all assets and liabilities.

If the parties have not disclosed material and substantial assets and liabilities, it may be that the nuptial is not executive. The husband and wife must attach a financial statement as an exposure to the prenuptial. If the parties do not properly disclose their assets and liabilities, it is debatable if the parties agreed to something because they do not know what they were in agreement.

Is it required that the future husband and husband have a lawyer?

It is not required that the parties have a lawyer to review the nuptials in Rhode Island (RI). Prenuptial agreements remain valid and enforceable, even if one of the parties had a lawyer who drafted the agreement and the other one did not have a lawyer to review the agreement.

Definition of the separate property:

The parties must define what constitutes a separate property and if the separate property includes additions, increase the value (appraisal) of the separate property. The parties must address the reinvestment of the property separated in another property during the course of the marriage.

Retirement accounts, 401 k, 403 (b), pensions

You can consider a provision regarding 401k, 403 (b), Share options, pensions, retirement accounts, as well as the increase in value, additions and / or reinvestments of these retirement accounts after the marriage. In order to give up certain marital rights on certain retirement accounts, you may need a provision according to the IRS guidelines by accepting that your spouse will sign appropriate forms to give up or give up the benefits of the spouse.

Disclaimer for alimini

Some pre-marriage agreements require one or both spouses to renounce their rights to pensions or temporary pensions. This can be a crucial part of a prenuptial agreement. This is often the area of ​​the most controversial negotiations.

Real state

Some preterm agreements deal with questions about real estate, especially real estate separated by the parties. You want to discuss with your lawyer if your spouse accepts or not to renounce your right to choose against the will of the other to death and renounce legal property. This is very important in Rhode Island. You may want to consider trusting real estate. All this is very complicated and should not be done without a lawyer

Jointly owned – Civil property.

You need to consider whether you want the agreement to include how to divide the married property at the time of divorce. Some people accept that all married properties will be distributed 50/50 after divorce or separation. Other agreements are silent on this issue.

Election of the right:

The parties must state according to what legislation the pre-nuptial agreement must be interpreted. If the parties reside in Rhode Island, they should have the Rhode Island law in the future.


Each party will be responsible for the separate premarital debt. Who will be responsible for the joint premarital debt? Will the parties agree to divide the joint 50-50 civil debt? Who will pay the individual or single debt caused during the marriage?

Life insurance

Does any of the parties agree to maintain life insurance for the benefit of the other spouse? It is often done as a way to make sure that the spouse is charged at death, even if the person's property plan excludes the opposite of the spouse. Do you have to keep life insurance after divorce or separation?


Who will keep gifts between the parties? What will happen to joint gifts or gifts given to a person but not to the other. Who will get the engagement ring, wedding wedding, jewels, art etc?

Separation clause

Most good premarital agreements contain a separability clause such as that set forth here: "AVAILABILITY. If any provision of this Agreement is deemed invalid or not enforceable by a Court of competent jurisdiction, this Agreement shall be interpreted as if it were • legal, invalid, or the null provision was not part of this part and the validity of the remaining provisions will not be affected therefore. "

Legal fees for divorce. Will any of the parties have to pay the other legal fees as part of the divorce?

Some prenuptial agreements deal with the issue of legal fees in a potential divorce.

Acknowledgments of counseling or the opportunity to retain a lawyer and acknowledgment that the agreement was freely and voluntarily celebrated.

It is important that the parties acknowledge that they read the agreement carefully, that they signed it freely and voluntarily and that they believe that the agreement is fair and equitable to them.

Many agreements contain a paragraph similar to this: GRADUATION. The parties have agreed mutually, during a series of conferences among them, the arrangements set forth herein. Each of the parties declares that it has had the opportunity to request independent legal advice from the lawyer of its own selection and that each one is satisfied with the justice of this agreement. The wife has kept Advocate X to represent her. The provisions of this Agreement and its legal effect have been fully explained to the parties and each one of the parties recognizes that he and her believe that the Agreement is fair and equitable, and a free and voluntary agreement is reached.

Provision of integration and modification .

It is crucial that there are no secondary agreements or verbal agreements outside the four corners of the documents. An integration clause is an important aspect of a prenuptial agreement.

Provision of cooperation

A provision of cooperation is essential for a good antenuptial agreement.

"COOPERATION. The parties must execute and deliver from time to time all the acts and other documents that are necessary, and they will do everything that the others, their heirs, executors or administrators. it will reasonably require the purpose of applying the full agreement of this Agreement: each of the parties in delivery and resignation to the other, or to others that, respectively, request, all their rights of courtesy or of given. This clause will allow and enable each of the parties to occupy their own separate property now acquired or owned, in all respects, unless it is limited by this Agreement, as if each one of the parties parts were alone. "

Disposition of disclosure

"Disclosure. Each of the parties has made a complete disclosure to all of the assets, assets and property liabilities or any other form of part of each of the respective parties, as they appear in the Exhibitions" A "," B "," C "and" D "" S & # 39; attached here. The parties recognize that they are aware that in the future, the financial circumstances of either or both of these may be altered in any way, either substantially, directly, indirectly or in a different way. "

Notary and witness of the director.

The agreement must be signed before a notary and, if both parties have attorneys, they may include a certification of the paragraph signed by both lawyers.

Article by David Slepkow 401-437-1100

Legal Advice for Rhode Island Attorneys for RI Professional Liability Rules:

The Supreme Court of Rhode Island authorizes all lawyers in general practice of the law, but does not authorize or certify any lawyer or lawyer as an expert or specialist in any field of practice.


Island of Rhodes Greece – Tips for traveling and kicks


Pre-planning is always useful for a more relaxing and enjoyable trip.

The dress code in the Greek Islands is very casual, for shorts and shirts is the norm, and for women, light summer suits or similar to men. If you come to spring or fall, you should wear warmer clothes if it happens a little cold at night. Even for those who want to dress formally, smart casual is the norm, which would be a pair of pants and a shirt.

In the restaurants, the island of Rhodes can satisfy all the gourmet because it produces various products of excellent qualities and the local cuisine is a real treat for the senses. Some of the many specialties of Rhodia are some of the fresh fish and a variety of seafood, a great selection of "mezes" (Mediterranean appetizers), grilled meat, mousaka (the famous dish with potatoes, eggplant, cheese and bechamel) .

The wines of Rhodes are famous for their great taste and quality since ancient times because the wineries and distillery of the island produce delicious wines from the vines of the island that benefit from soil fertility and constant sun The most famous wine labels of Rhodes are dry wines "Ilios", "2400", "Villare" and "Grand Maitre" and the dry red wine "Chevalier de Rhodes".

Booking a taxi There are strict rules on the number of passengers by taxi. Up to 4 passengers per car are allowed, so keep in mind your reservation for a taxi. Make sure your luggage adapts to a regular sized car boot, otherwise you will need to hire a second taxi for any excess luggage. When you request a taxi, make sure that you are at the pick-up point without delay as a taxi will do it. to be there in a few minutes.

Internet cafes. There is one in the harbor, one in the old town, and others in the new town and in the villages of the island of Rhodes. In addition, there are Internet cafes open to the public in most hotels.

Maps There are several maps of the island on the market and most provide free hotels and travel agents for free.

Newspapers and magazines. Most western European newspapers and magazines arrive in Rhodes every day and are available everywhere.

Catholic church The Catholic church of Santa Maria, located on the corner of the streets Kathopouli and Dragoumi, performs massive services from April to October at 7 am on working days and at 8, 11 and 19 hours on Sundays. The church of San Francisco located on Dimokratias Street celebrates Mass from April to October at 8.30 a.m. on weekdays and at 10 on Sunday. During the winter months, both churches are only morn on Sundays.

Afandou (17 kilometers to the southeast of the city of Rhodes) offers a golf course and you can find mini golf courses in all major hotels and in all tourist resorts.

Casino Like all cosmopolitan places, Rhodes has its own casino. The dress code is strict for men, but for women the dress is enough.

The signs that denote postal offices are usually bright yellow, as well as postcards. If you want to send a letter, there are vending machines of stamps and mailboxes outside of the central offices. There is also a mailbox in the port, a few meters from the pier.

The OTE offices (Hellenic Telecommunications Organization) are the cheapest way to make local or international calls. Rhodes is equipped with a very advanced telecommunication system. You can dial directly to any part of the world without the participation of the telephone operator. Blue phone boxes that are found throughout the island can be used for both local and long distance calls. Everyone uses phone cards that can be easily found in every kiosk or store with the "Phone cards sold here". You can also access the port or the airport.

Beaches. The great attraction of Rhodes is the beautiful beaches that surround the entire island. The entrance to all the beaches is free, but you only have to pay only if you rent a sun bed (about 6 euros). The beaches on the east coast are ideal for swimming, since the sea is extremely quiet, while on the west coast it is generally windy and is better offered for windsurfing and other water sports. This does not mean in any way that you can not swim on the west coast. In fact, many people prefer the great waves on the west coast that the calm and smooth sea on the east coast …

Police. All the main areas of the stations have offices of the Tourist Police, whose functions include the inspection of hotels, restaurants, etc. And a service to ensure that tourist services are of acceptable standards. The agents of the Tourist Police who speak languages ​​carry the flag of the country where their language is spoken with their uniforms.

Health. Rhodes has many doctors of all the practices. The State Hospital is open 24 hours a day for emergency cases. There are also many pharmacies and pharmaceuticals.

Banks and ATMs. There are many Greek and international banks licensed to do business in Rhodes. All of them offer exchange services within the city of Rhodes, as well as in other popular tourist areas. The banks are open from Monday to Friday, from 8 a.m. to 2 p.m. During the period from April to October, some of them are also open in the afternoon (from 5 to 7:30 p.m.) and Saturdays in the morning, but only in the exchange. In order to be able to change cash or travelers checks, you must have your passport with you. In addition, almost all hotels have exchange offices at the reception. Most stores and hotels also accept Visa, Master Card and other known credit cards. And you do not need the entire wallet only with cash, you may prefer to use ATM machines when you need cash. ATMs are everywhere. Sometimes, the cash gets a better price than a charging card.

Purchases Rhodes is an interesting place to shop. Rhodes has at least 2000 years of unique and skillful artisan jewelery manufacturing. Many stores sell classical and modern gold and silver jewelry, as well as ancient reproduction jewelry, in 14k and 18k with diamonds and precious stones. You can also find handmade and antique carpets made of silk carpets, furniture, paintings and porcelain. Rhodes is also famous for leather and fur, bottles, leather coats, fur coats and viscose. In many stores in the island of Rhodes you can find other products, such as souvenirs, sponges, clothes, shoes, books and much more. And the traditional art workshops for Rhodian pottery ceramics and ceramics.

Restaurants are the usual costs and, on average, they are around 15% above their turnover, in some establishments they are already added, but not in total.

Fiestas and Fiestas. Below is a list of official holidays, during which all departments of public services are closed.

January 1: Day of New Year and # 39; s

January 6 – Epiphany.

First day of Lent (mobile) – in Greek it is known as & # 39; Net Monday & # 39;

March 7: anniversary of the reunion of the Dodecanese islands with the rest of Greece

March 25: Anniversary of the Revolution for Freedom against Turkish Invaders.

Good Friday (mobile)

Easter Sunday, Easter Monday (mobile)

May 1st

Holy Spirit (mobile)

August 15 – Dormition of the Virgin Mary

October 28: Anniversary of the refusal of Greece to appear in the Italians in 1940

December 25 – Christmas Day

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How can I get my personal property when there is no contact or restriction?


How does a person get their personal belongings to Rhode Island (RI) when there is no criminal order of a restraining order / a family court or a restraining order from the district court?

A person arrested for a crime of domestic violence that involves his wife or his girlfriend with whom he resides, often has to wear personal clothes and objects even though there is no contact order. This also applies when there is a restriction order in force.

Personal objects usually consist of personal properties such as clothes, slippers, toiletries, uniforms, personal effects, etc.

There are several suitable ways for the accused to obtain their personal objects when there is no valid contact order / restriction:

(1) The accused may contact the police department where the victim resides and seek measures to collect personal belongings. The police will often slip the person into the home. The disadvantage of this agreement is that the police often hurries and enforces the deadline.

(2) If the accused has a private lawyer, the lawyer can contact the victim's lawyer who can contact the victim to agree. The lawyer of the accused can also ask to contact the victim to agree (if the victim does not have a lawyer). This may have problems because the victim may be hostile or may not have an interest in negotiating. The accused can also call the victim lawyers to take arrangements.

(3) The accused may try to get their objects through a third party as a friend or family member who knows the victim. The accused must be careful not to break the order of any contact.

(4) The accused may request relief from the family court or district court where the containment orders were presented to try to recover their objects.

If there is a crime without a contact order, the Criminal Judge will not participate to help recover the defendants & # 39; personal property

There is absolutely no Rhode Island (RI) jurisprudence on this subject.


Spotting fake vintage jewelry


Collect vintage jewelry is fun and is a great hobby for many people who are collectors, buyers and distributors. Last year, Weiss's fake gems have appeared on eBay and other reputable auction sites such as Yahoo. Many people are cheating and spend more money than necessary. There are things to keep in mind when buying any type of vintage jewelry.

Weiss closed the doors in 1971 and is no longer making jewels. Weiss false gems are made by a Rhode Island plant and even start to earrings at stake. Not only in the US. but now he starts in England. The false jewels are known as contemporaries and are generally beautiful, bright and showy. Most have textured sections of economic jewels.

To make matters worse, they now begin to make false jewels of Lisner and Eisenburg. To make sure you're getting an authentic jewel, ask the seller if the piece is vintage or contemporary. Make them send you photos from the back side to see if it is textured or not. The best way to make sure your authenticity is that you shop at a reputable distributor that will provide you with a certificate of authenticity. Over the years I've been collecting vintage jewelry and I want to warn others to make sure their items are vintage and authentic. As collectors, we value a piece of vintage jewelry as a piece of the past! Keep looking and enjoy your treasures!


The 8 main arguments that do not work in the family court! The judges have heard it a million times before!


8 main arguments that do not normally work at Family Court in Rhode Island (RI). I also seriously doubt that they work elsewhere. Article of a divorce lawyer and family law in Rhode Island. This article applies to all cases of family law, including divorce cases, child custody, child visits and paternity

# 1. If I allow him to visit, he will kidnap my children.

This argument usually does not work because the judges have heard it a million times before. This argument is based on the speculation of rank. If the judge did not allow the visit based only on an untested complaint of child hypothetical kidnapping, it would be too easy to deprive a visitor. In addition, courts can not issue orders based on hypothetical. Everything that can be done by the court is to issue an order.

The Rhode Island family court is usually prepared to issue an order that the party can not definitively remove the youngest son from the state of Rhode Island. In some cases, the court will issue an order for containment against displacements outside the state during important periods of time without prior consent.

If there is evidence that the person can take off with children, this argument could be taken seriously.

# 2. The boy is so young that the boy has to wake up in my house on Christmas morning to open the Christmas gifts.

This argument usually does not work because the judges have heard it a million times before. It is an argument based on emotion. Judges often believe that parents should alternate the Christmas visit. However, some judges may have sympathy with a very young child between the ages 3-7 waking up in the house where they live on Christmas morning.

# 3. Although the drug test was negative, it should have taken supplements or drink a lot of water because it continues to use drugs.

This argument usually does not work. Rhode Island Family Court has a drug testing facility. Judges believe that the test procedure at the facility is accurate and, therefore, it must be based on it.

This argument is usually based on speculation of rank. Unless a person has real evidence that the person is deceiving the drug test, this argument does not usually fall into deaf ears

# 4. He does not even know how to change a diaper.

Judges estimate they will prove it. Every new parent should learn how to change diapers.

# 5. He looks for visits to return to me, he really does not want the visit.

This can not normally be proved and frankly the judges are sick and tired of this argument.

# 6. I only use drugs every now and then and their only marijuana.

Drugs are drugs for family court judges. Any illegal drug use is a reason to take the children of the parent with physical custody and place them with the other parent. The use of drugs could also lead the court to order that all future visits with young children be supervised visits.

# 7 The only reason you want to visit is for your parents to visit with your children

If it can not be proven that time does not happen with the children and their parents spend all their time with them during the visits, this argument will not work.

# 8. You have not paid for your child's support so you should not have a visit with the child.

The courts are not prepared to punish the children for not prohibiting the visit because a parent does not pay for the child's support. The lack of payment of child support is not a reason to suspend the visit.

Legal Advice for Rhode Island Attorneys for RI Professional Liability Rules:

The Supreme Court of Rhode Island authorizes all lawyers in general legal practice, but does not authorize or certify any lawyer / lawyer as an expert or specialist in any field of practice.


Regarding prenuptial agreements.


Prenuptial agreements are extremely demanding in Rhode Island (RI). A prenuptial agreement is also commonly called a premarital agreement or an antenuptial agreement. A family law attorney and a divorced divorce lawyer must draft a pre-nuptial agreement.

The Supreme Court of Rhode Island has made pre-nuptial agreements very difficult to put aside!

General Law from 17 to 17 and Rhode Island and the decisions of the Supreme Court of Rhode Island create a heavy burden for a person who tries to invalidate a prenuptial agreement in Rhode Island.

The RIGL section 15-17-6 establishes:

(a) A premarital agreement is not enforceable if the party against whom enforcement is requested proves that:

(1) That part did not voluntarily execute; i

(2) The agreement was unconvincable when it was executed and, before the conclusion of the agreement, that part:

(i) No fair and reasonable disclosure was provided of the property or financial obligations of the other party;

(ii) did not voluntarily and expressly renounce, in writing, any right to the disclosure of the property or the financial obligations of the other party beyond the foreseen disclosure; i

(iii) It did not have, or could reasonably not have had, an adequate knowledge of the property or the financial obligations of the other party.

(b) The burden of proof of each one of the elements necessary to have a premarital agreement that can not be fulfilled, corresponds to the party that seeks that the agreement be declared inapplicable and must prove with clear evidence and convincing

(c) If a provision of a premarital agreement modifies or eliminates the support of the spouse and that this modification or elimination causes a part of the agreement to be eligible for the " A program of public assistance at the time of separation or dissolution of marriage, a court, however, the terms of the agreement may require the other party to provide support to the extent necessary to avoid this eligibility.

(d) The question of the court's decision, unconsciously, of a pre-marital agreement. "

The intention of the statute is "to preserve the validity of these agreements". To invalidate a premarital agreement, the person must demonstrate all elements of the statute by means of clear and convincing evidence.

The conclusion is that premarital agreements are extremely difficult to invalidate in Rhode Island. There is a potential trap that exists. If the parties change their residence and divorce in a different state, the other state may hesitate to enforce the Rhode Island law. I always insert a paragraph in my prenuptial agreements that the law of Rhode Island will govern the interpretation and execution of the agreement. However, there is no 100% insurance that a judge of a different state will follow the RI Law.

If a person signs a prenuptial without a lawyer, is it enforceable?

Yes. It may be preferable for a person to have a lawyer, but he is far from obliging to make the pre-marital agreement enforceable.


Which parent is assigned to claim a minor child as a dependency exemption for federal fiscal purposes?


In Rhode Island, who has the right to claim the child or children as exemptions for dependency for federal fiscal purposes?

If there is no indication in a final judgment or decision of divorce pending an agreement of final judgment or settlement of property over who has the right to claim the children as exemptions of dependence, automatically the parent with the placement Physical / physical custody of minor children is entitled to claim the child or children for federal tax purposes.

This article is for informational purposes only and should not be a substitute for advising a divorce attorney from Rhode Island, a RI family lawyer or a child custody lawyer.

If there is a pending property agreement, a pending decision, an order or a final judgment that confronts the problem, the parties must follow the order or contract on which party claims the child as an exemption. If you are not satisfied with the order or contract, you may be able to modify it. If a person does not comply with the settlement agreement of the property or the judicial decree, there can be serious sanctions and repercussions to the RI family court.

However, the IRS does not matter the Rhode Island property rights orders, decrees, and property resolution agreements. Regarding the IRS, the parent with Physical Custody is entitled to claim the child regardless of the ordinances and orders of the State courts and regardless of contrary instructions in a settlement agreement of the property unless executed form 8332.

The Internal Revenue Service (IRS) has developed a very bright, clear and concise line about who is entitled to claim a child as an exemption for federal income tax purposes. Treasury Decision 9408 establishes that the parent with physical custody can claim children as children regardless of the terms and conditions of any settlement of property, order or final judgment, unless the parent does not submit to the claim submit the form 8332 signed by the custodial parent.

In accordance with Treasury Decision 9408: the parent with the physical placement of a child or children has the right to claim the exemption (s) unless the parent does not subject the attached form 8332 to the tax form about the federal income signed by the custodial parent for the fiscal year in question. . It makes absolutely no difference to the IRS what any agreement, contract, order or judgment of property court resolution of the State!

The IRS has absolutely no interest in being involved in a court dispute for divorce or divorce between parents in the state's faith. The IRS only cares about collecting money. The IRS has no interest in participating in a dispute between two spouses or ex-boyfriends and brides.

The rules and rules of the brilliant IRS line should not motivate parents to ignore or refuse to comply with the property settlement agreements or decrees of the IR Court. There may be serious rewards for not following orders and contractual agreements negotiated. If a person is unhappy with an order, he should try to modify it, if he qualifies for a change, instead of not following it.

In some cases, a parent can appear at the Rhode Island Family Court and try to cancel an order or contract that allows the non-producer parent to claim the deduction when the non-producing parent has child support. It does not make much sense for a person to request an exemption when the child care service is not paid by the court. However, the parent must submit to the court instead of taking the law in their own hands.

In RI, if a parent erroneously claims a child in contempt or violation of a court order, a property settlement agreement, a decision pending the entry of a final trial or a final divorce trial that the parent assaulted You may request relief from the Rhode Island family court. This relief could be a motion that seeks damages or contempt or other relief. The Rhode Island family court could order the parent who erroneously claimed the exemption from presenting a modified tax form. The family court could order the parent to breach the order to pay damages and expenses of lawyers / lawyers to the person assaulted. The family court could order another relief.

Therefore, it is wise that a non-family parent who has an order or contract that allows the use of the dependency exemption for a particular year asks for the custodial parent to sign IRS form 8332. The non-producing parent who You have the right to claim the dependency exemption for the minor child should attach form 8332 to your federal tax form. If the parent does not refuse to sign form 8332, the non-producing parent may submit a motion to the Rhode Island Family Court requesting that the parent be instructed to sign the form, or disdain, attorney or other fees relief

Legal notice for professional liability regulations:

The Supreme Court of Rhode Island authorizes all lawyers and attorneys in general practice of the law, but does not authorize or certify any lawyer / lawyer as an expert or specialist in any field of practice.


Debt, credit and divorce cards: Who will be responsible for paying off civil debt?


Rhode Island does not have any specific statute directly related to the allocation of married debts in a divorce from Rhode Island. Theoretically, the problems related to civil debt are determined according to the Statute of equitable division RI RIGL 15-5-16.1. If the question is directed to a full judgment about the merit, unlikely, the judge must rely on the state of equitable division 15-5-16.1 to determine the assignment of assets and debt. Please, contact a Rhode Island attorney / prosecutor regarding your RI divorce case. All debt incursed by the husband and wife during the course of the marriage constitutes a civil debt. The debt incurred before the marriage is the responsibility of the person who incurred the debt.

How is civil debt divided into Rhode Island divorce? This is a very difficult and complicated question. There is no clear answer. The answer can only be determined through analytical reasoning. As a practical matter, the assignment of civil debt usually negotiates the parties during the divorce without the need for trial. This article should only be used for informational purposes and not as a substitute for obtaining a Rhode Island divorce lawyer. Judges tend to examine the following factors when determining the allocation of civil debt:

1) The court examines whether the debt was incorporated in favor of the marriage partnership. Marriage is an association. If the debt was used for domestic goods, groceries, clothes, family vacations, medical bills, etc., the Court is more likely to divide the debt equally between the parties.

If the husband or wife incurred in complying with their own agenda, the debt is more likely to be assigned to the person who incurred debt. For example, the debt of the game, the debt that is used to obtain an issue or the unreasonable debt that is incurred without the consent of the other spouse is more likely to be assigned to the person who incurred in debt. This type of debt is theoretically "matrimonial debt" although it is inaccessible that the other spouse has to pay. For example, gambling debt should be paid by the spouse who lost money at the casino.

2) Who will have title and / or possession of the goods or articles for which he incurred the debt? This is a significant factor. If the husband bought a flat screen TV on his MasterCard and will get the flat screen, he is most likely to be assigned this debt.

The person assigned the vehicle / ship will normally be responsible for the debt that is guaranteed by the car / car / ship. With regard to real estate, the person who is assigned the property will generally be responsible for paying the mortgage, taxes and property insurance. This can be more complicated if a home equity line was used to acquire an asset that will be called to the spouse's name that is not assigned a real estate property.

3.) What is the profitability, assets and ability of the parties to repay the debt? If a spouse has significantly higher earnings or gains in the future, the other spouse may be ordered to pay a larger portion of civil debt. It is a very practical determination, since there is no point in assigning a debt to a person who can not afford repayment. Sometimes neither of the two parties can afford the payment of the debt.

In some cases, the parties decide to file a joint bankruptcy petition. In some cases of divorce from Rhode Island, a spouse filed bankruptcy files and the other is not filed. The effect of bankruptcy in the orders and legal obligations of the property settlement agreement is beyond the scope of this article.

There may also be real estate execution of civil property or the parties may agree to a short sale. Mortgage executions and short sales are also beyond the scope of this article. Consult a Rhode Island family law attorney or RI attorney general for these problems.

4.) Who is to blame for the rupture of marriage? If a spouse had a relationship, abuse of alcohol or drugs or was physically abusive, it may be that this spouse could be ordered to pay a larger portion of the debt. Marking your spouse may be a shame of being responsible for a larger part of civil debt

5.) The debt of the husband or wife is called or is joint debt? This is a very practical determination. It is possible that judges are more likely to assign a certain debt to a spouse who is the "obligator." (On behalf of this person) Justification is simple. The obligor has an independent legal obligation to reimburse the third creditor.

If both parties have an equal amount of civil debt in their name, the easy answer can assign debt to each party in their own name. If a spouse has a disproportionate debt in his or her own name, the Court may order that one party make periodic payments to the other. The court could also order the sale of certain goods and the debt paid.

Joint debt is an even more disconcerting issue. The joint debt means debt that both spouses owe the debt to a creditor of third parties. These are usually credit card debts, real estate mortgages, vehicle debts, credit cards in stores. If the Court assigns a joint debt to a spouse, the other spouse must be vigilant to ensure that the debt is paid in time.

Although the Rhode Island Family Court can assign a joint debt, this assignment has no effect on the legal obligation of any spouse to repay the debt to the third creditor. Credit card companies such as Mastercard, Visa, Chase, Wells Fargo and American Express are not interested in ordering a judge from the state's family. The only thing that interests them is if they recover the money with interest. The person signing a promissory note or a debt contract is responsible for this debt Vis a Vis the third creditor. This obligation regardless of any property court order or property resolution agreement of Rhode Island (RI).

If a spouse has a certain debt assigned and does not pay or does not pay on time, this behavior may cause damage to the credit rating of other spouses. This is especially the case that if the debt is not paid the exclusion, the lawsuits or the replacement of the car occur. If payments are not made according to the court order or settlement of property settlement, another spouse may request a relief from the court with a motion of contempt or a motion to enforce the contract of settlement of the property.

Nor does it make sense to assign a debt to a spouse who has no income or ability to repay the debt because the assignment will actually harm the other spouse because his credit could be severely damaged. Legal Advice for Rhode Island Attorneys for RI Professional Liability Rules:

The Supreme Court of Rhode Island authorizes all lawyers in general legal practice, but does not authorize or certify any lawyer / lawyer as an expert or specialist in any field of practice.


Can you modify child support?


You can modify the amounts of assistance to children, ordered by the court. To change it is necessary that there is a change of circumstances. There are usually three circumstances in which you can modify the orders; 1] there have been at least 20 percent of changes in the gross income of the parents, 2] three years have elapsed since the last order of child support or 3] there has been a change in custody.

20% of the percent change in income
If there has been a 20 percent change in the income of the parent, then a modification can be requested. If you have primary physical custody, this means a change of income from the parent without primary custody. If you have joint physical custody, there is a percentage change in the gross monthly income of the parents.

If you know the monthly gross earnings of both parents, you can calculate child support with our online calculator.

The change is not automatic. You must request a modification discussing with the other parent or presenting a request to the court to modify child support. It is recommended before discussing the modification with the other parent.

The usual situations we see with a change in income are a parent who loses a job or a parent who receives a promotion. Being fired is a valid reason to request a decrease in child support. If you give up or you are dismissed for cause, the court can impute your income because they believe you might be working.

Every three years
The amount of child support for snow legislation can be reviewed every three years. If three or more years have elapsed since the last order of child support, you can ask your spouse to submit new payment points to calculate a new child support figure. It is not necessary to change the income of 20 percent. Both parents can request the review.

Once again, the court will not make the change automatically? You must request the modification. The other parent must receive a notice and the court must review the financial documents submitted before they can make a new order of assistance to their children.

Modification process
What is the first step for a modification? You have two paths to a modification; a stipulation or a judicial amendment.

A stipulation is the place where you and the other parent have exchanged financial documents, calculated the amounts and presented the new amounts before a court. Then, send documents with the court that accepts the new child support calculation. Make sure you file documents. Simply, the verbal agreement does not work. If you verbally agree with the change, it may not be legally executable. We have seen horror stories in which parents agreed with a small amount, and then, after years, a parent made the previous order of support.

A judicial amendment is when a motion is filed before the court, the judge reviews the evidence of income and the judge orders the amount of the new child support. Before submitting a modification, you must first contact the other parent or respond with the other parent. If a parent resists this attempt to change support for the amicable, the court may order the costs of attorneys. Resistance must be "voluntary" and without justification. A parent who believes that the change has no merit, should provide his financial documents. You can exchange your financial documents, but you do not agree with the signature of a stipulation because you believe that the calculations are incorrect or that the deviations are appropriate.

Deviation from the calculation
Another area of ​​change is the deviation. Nevada has a formula, but there are times when the calculations can be diverted. To do this, we must discuss and review certain causes of deviation. The typical cause of being diverted is the special needs of the child, the cost of healthcare and the cost of caring for the child.


Nautical sailing: crosses the islands of southern New England


Newport, Rhode Island, hosts the largest private yacht group available for rent in New England during the summer season. Newport is a perfect place to start making a private crew chart, because outside of Newport, on a one-week cruise, you can easily visit all of the southern New England islands, including Martha & # 39; Vineyard i Nantucket. Although both are charming, glittering in a picturesque setting and architecture of New England, completed with paved roads, there are other islands to visit, such as Block Island, Cuttyhunk and the Elizabeth Islands. Try a letter of a week from Newport, Rhode Island to explore the islands of southern New England.

Newport, Rhode Island is one of the largest deepwater ports on the east coast of the United States, with a large amount of available dragon, which makes it a natural New England summer home for visit yachts As the heat accumulates on the ground, it escapes into the ocean with cooled thermal winds.

Block Island is the perfect outing for Block Island. Unlike the other islands in the area that are part of Massachusetts, Block Island is part of Rhode Island, just 22 nautical miles.
A unique aspect of Block Island is the large inner bay or the salt lake, as it is locally referred to. This is the perfect anchorage to visit yachts with well-protected waters. In the salt pond there is plenty of space for anchoring and several marinas, if the jetty is your preference. Block Island has been around residents for only a few years, but the population is approaching the summer with visitors. In the center of the city, where there are ferries, there are several blocks, anchored by several large summer hotels that served to cater to the summer visitors of the last century. Do not go past and you will still find rocking holes in the long front porches of these old hotels, an ideal place to sit and enjoy the views of the sea. There are several store blocks and small shops to visit. Rent a bike and stroll along the rest of the island, which is still quite uninhabited, and covered with wild roses.

Not too far from Block Island is Cuttyhunk. This island is much smaller than Block Island and is one of the smallest in this group. There is a central inner harbor, with a small pier. Take care of the size of the yacht that enters this port, since there is perhaps no place to rotate it. There is a very small town on the only road that moves away from the main dock. Explore the area or picnic on one of the beaches. There are mooring balls available, depending on the size of your yacht, on the outskirts of the main port.
Nearby are the Elizabeth Islands. Although it is privately owned, there are several anchors, including Tarpaulin Cove, a good place to anchor for lunch, depending on the direction the wind blows. Because the islands are privately owned, it can be anchored to the anchoring, but the visit to the ground is not recommended.
Just at Cuttyhunk Island you will find Vineyard Martha & # 39; s. This island has several ports and anchors, but the best known is probably the harbor of the city of Edgartown. To access the Edgartown harbor you have to cross a cut, with a fairly fast current. Once inside, the anchor offers many mooring balls, but only up to a certain yacht. If the yacht is at the highest end, anchorage outside the port is a better bet. Edgartown surrounds the harbor and is a beautiful New England city full of clapboard and facade houses, with trellis covered with roses, secret gardens and paved streets. Edgartown is known in certain circles for stores and restaurants of the highest level and is a refuge for any number of known throughout the world.

Only 22 km nautical miles from Edgartown is the island of Nantucket. There is only one main city in Nantucket, which surrounds the harbor. Enter this port through a well marked channel that leads to the right towards the anchoring. Here is an anchorage area at night, given the local water taxis service, but there are also several docks available, although as this island is a very popular summer destination; Dockage reservations must be made in advance. Around this port there are the typical tile houses and clapboard of New England, many built in the last centuries, when Nantucket was a prosperous Balinese port. Look at the tops of the rooftops for the numerous walks of the Widow where Captain's sea women & # 39; they looked for the return of the sailor from the sea. The cobbled streets continue to leave the harbor, but the picturesque streets and buildings of the city center are now the home of a large variety of luxury shops that cater to many visitors. In the vicinity of the island there are several beaches and a large number of open spaces for bicycles or exploring. This is another island, well known for restaurants, and you have to leave next to Club Car, a bar and a restaurant on the edge of the harbor, an unmistakable center of the center. This restaurant is located in one of the train cars that were used at the end of the century in Nantucket to travel from one side of the island to the other. When the train service was suspended, the coach car, sitting in the train terminal, where it still sits now, was converted into a restaurant.

Nantucket is 68 nautical miles from Newport. Start crossing to Newport, but stop at night in Hadley's harbor and on the northern end of the Elizabeth Islands. Hadley & # 39; s Harbor is a great place for a quiet evening at the anchorage. The next stop is in Newport, about 35 nautical miles. If the weather did not happen in Newport before the charter, the time should definitely be dedicated to Newport at the end of the chart.

This nautical itinerary is a comfortable cruise, with power or sailing yacht, with numerous islands at a reasonable proximity between them. There are endless anchorages, and everyone awaits you in a short Newport cruise.