Be Careful Representing Yourself in Family Court Matters

I spoke with a mother yesterday, who lives with her daughter in California. The father (ex husband) filed an action in Family Court to compel visitation with the 6 year old child. Mom could not afford an attorney, but she wondered what she could plan on happening that day in court. She wondered whether she needed to bring her daughter and whether the matter would be completed that day given that she has to fly in from California to contest it.

I will not go into the detailed answers to all of her questions here, but wanted to point out that it is ALWAYS BEST to consult an attorney for such a matter, because if she filed papers on her own, she could have missed the opportunity to file a motion to dismiss the action, because it probably should be heard in California!

Jurisdiction in child custody matters can be tricky for attorney, nevermind a lay person. Some attorneys will not take the time to warn a person about such things when they hear "I cannot afford an attorney," but we will, to the extent we can.

If you have Rhode Island Family Court questions, and aren't sure where to turn, call me!

Don't Forget the Tax Refund!

As family law attorneys, we often think of income taxes as a means to review income and available assets as we go through the case. It is only at this time of year where, for most (if not all) of our clients, we also need to think about the potential income tax return and refund.

It is important to note that if you are in a contested divorce situation, then your attorney should at least consider asking the court for a restraining order with regard to spending the 2011 refund. Specific options include restraining the parties from cashing the refund until further order of the court, or perhaps more commonly, asking the court to order that the funds be deposited into an "escrow account" so that those funds are not spent without an agreement of the parties or by further court order. A restraining order can also be useful in child support cases that have not been running through the Child Support System. (Those child support cases which are running through the system should be intercepted if someone owes money to the custodial parent automatically.)

Parties can be tempted to file together without speaking to their attorney because the case is in the early stages, there aren't any issues yet, or the promise of "quick cash" is alluring. However, doing so could be a mistake for tax reasons, as well as the fact that the funds could be easily deposited into a joint account, and then removed by one party. It is much easier to "hold" the funds, than it is to "chase" the funds.

If you have questions about your income tax refund and you are in the process of a divorce, contact your attorney and ask the question. If you are thinking about a divorce and are not sure what to do, call us at 401-841-5700 or go to www.CounselFirst.com.


***WE DO NOT GIVE TAX ADVICE, BUT WE CAN POINT OUT POTENTIAL PITFULLS AND NOTIFY YOU OF THE ISSUES SO YOU CAN ASK YOUR TAX EXPERT THE CORRECT QUESTIONS.***

Books for Children and Adults to Help Explain and Ease the Divorce Process

From time to time, we find books that deal with divorce topics that are of immense benefit to children and parents alike. Dinosaurs Divorce, a book for children, is reviewed below and can also be found with other similar books on our website.

DIVORCE BOOK REVIEWS

Reviewer: Nancy Johnson-Gallagher. LICSW, Mediator

CHILDREN’S BOOKS

Dinosaurs Divorce: A Guide for Changing Families

Laura Krasny Brown and Marc Brown (1986).

A classic, this book has been helping families adjust to divorce since 1986. It addresses just about every issue that can occur during divorce including verbal violence and substance abuse, and offers empowering strategies for the child. It gives permission for the child to “not listen” to a parent’s berating of the other, or even to ask a parent not to say bad things about the other parent. Despite the very young art, this book is comfortable reading for the two year old to the eight year old.

Child Support: It matters where you file!

I was reading a recent New Hampshire case regarding whether Massachusetts child support laws should be applied in the New Hampshire court, or if New Hampshire laws should apply. The order was originally made in Massachusetts, but the custodial parent then moved to New Hampshire.

The answer is, as we lawyers often like to say, "It depends."

The Uniform Interstate Family Support Act (UIFSA) dictates what rules apply and when, if an Order is being reviewed in a different state than where the original action took place.

A simple example of why it matters, is that Massachusetts laws require that child support should be paid until the children are 21 years old. The Rhode Island laws state that support is only paid until the child reaches 18, or if the child turns 18 while in high school, three months after graduation. In no event, however, unless the child is disabled, will support be paid beyond the child's 19th birthday.

Given the close proximity of the states, unmarried people with children often travel from Rhode Island into Massachusetts before filing a court action, or vice versa. Your timeline will determine where you can file, but it is important to know if you have choice! It may make a big difference.

Contact our office with any of your child support questions at 401-841-5700, or go to our website at www.CounselFirst.com for more information.