As a family court practitioner, the statement of assets and liabilities has become an integral part of my intake meetings with clients. This statement is required to be filed with the family court for any matter. My clients are asked to complete a first draft with their "homework" and I use that draft for several things.
First, and most practically, I review the document for accuracy with relation to the family dynamics, the parties' employment status, the parties' occupations, and the number of dependents. I can tell relatively quickly whether a family is living beyond their means, and in what ways will things need to change in order to support two households.
When I receive the Statement from the opposing party, I use the document to determine what assets my client may not be aware of in the other party's control, and also what assets that party may not have listed at all or listed differently than my client.
In my opinion, it happens all too often that attorneys let clients complete the document, the attorney do not thoroughly review the document but files as completed by the client, and it later becomes an integral part of my cross examination later when issues become contested.
The document is signed by a party under oath, and it can used by the court as evidence. If a person over values or undervalues their assets, those incorrect numbers can be used against them later. These documents can be amended throughout the process, but an attorney should be very careful to make sure this document is done correctly the first time! As soon as something is filed, it is considered "fair game" when the battle begins.
Let us answer any questions you may have about marital assets and how those might be divided if you are considering divorce.
Newport RI Divorce Attorneys specializing in Divorce, Elder Law, Military Pension issues, Custody Visitation and Asset Division, Medicaid Planning, Wills & Trusts, Mediation and Arbitration.
Thursday, March 24, 2011
Tuesday, March 22, 2011
Law Office of Jeremy Howe Attorney Carlson to Speak at RI Forum on Aging Seminar
March 31, 2011 – Cranston, RI – Attorney Hilary Carlson, LICSW of The Law Offices of Jeremy Howe, Ltd. will speak at the RI Forum on Aging First Annual “Seniors Staying in Charge” Seminar. The seminar is scheduled for Thursday, March 31, 2011 at the Imperial Room on Rhodes Avenue in Cranston, RI.
When asked about her involvement in the program, Attorney Carlson remarked, "I am excited to be part of an event that provides important information to Seniors at no charge."
RI Forum on Aging is a state senior action network promoting responsible public policy for seniors in Rhode Island and nationally through an organized voice on federal and state public policy issues. A member of the National Council on Aging (NOCA) and is affiliated with the National Coalition of Consumer Organizations, (NCCO) a constituent unit of NCOA.The seminar will cover topics on Medicare and Social Security, Housing, Transportation, Food Stamps, and End of Life Planning. Reservations can be made by calling (401) 523-1679 or via email at RiForumonAging@gmail.com.
When asked about her involvement in the program, Attorney Carlson remarked, "I am excited to be part of an event that provides important information to Seniors at no charge."
RI Forum on Aging is a state senior action network promoting responsible public policy for seniors in Rhode Island and nationally through an organized voice on federal and state public policy issues. A member of the National Council on Aging (NOCA) and is affiliated with the National Coalition of Consumer Organizations, (NCCO) a constituent unit of NCOA.The seminar will cover topics on Medicare and Social Security, Housing, Transportation, Food Stamps, and End of Life Planning. Reservations can be made by calling (401) 523-1679 or via email at RiForumonAging@gmail.com.
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