Thursday, September 30, 2010

Military Divorce in Newport RI and Child Support Issues

Newport RI Military Family Law Office secured a reasonable award of child support from father on active duty for infant child.

Military Divorce Awards Child Support

Military Divorce of parties with one child, less than a year old. Husband was on active duty. Wife’s attorney contacted us to assist her with trying to understand what the military requires of its members who have children, and how that differs from the family court.

Ultimately, after consulting with us, the attorney initiated a “Congressional Inquiry” to determine why actions were not being taken by the military to require the soldier to support his child.

Within days thereafter, a garnishment of his wages took place and the mother began to receive her support.


CAVEAT: EACH CASE IS FACT SPECIFIC AND WHAT MAY HAVE HAPPENED IN THESE CASES MAY NOT “FIT” YOUR PARTICULAR SITUATION OR BE IN YOUR BEST INTEREST.

Thursday, September 23, 2010

Client Review for Newport Estate Attorney

A Lifelong Client of Jeremy's Left a Personal Testimonial


I have known Jeremy Howe for almost thirty years, and when it came time to write my will and plan my estate, there was no doubt about who my attorney would be. 

Jeremy takes the hassle out of the process of drafting all the necessary paperwork and does it for a very reasonable fee. He has offered advice when he thought it would be beneficial, and has always been there when I had questions about how to handle a specific situation. 

I trust him. ~ John D.

Tuesday, September 7, 2010

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 The order was originally made in Massachusetts, but the custodial parent then moved to New Hampshire.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.

Monday, August 23, 2010

Governor to appoint new Chief Judge of the R.I. Family Court

As a family court practitioner, I am very curious regarding who the governor will choose. The article below attempts to sum up the options. I have heard a lot of banter at the courthouse from seasoned veterans that things are not likely to change regardless of who is put in that seat... but I hope they are wrong. The system is flawed and people suffer because of it.

I will do my best to work through whatever system we have and work to get my client's through it with as few "bumps and bruises" as may be possible. I do hope though, whomever is chosen upholds the law, understands what parts of the system work and what parts do not, and remember that they are dealing with people: first and foremost. There must be a better way to get to the other side than what is in place at this moment.

If you are thinking about a divorce or other family court action, call us at 401-841-5700 and we can discuss what you might expect, the time it will take, and how we can help you to move on to the next step of your life.

5 finalists selected for chief judge of R.I. Family Court

01:00 AM EDT on Wednesday, August 18, 2010
By Katie Mulvaney (Journal Staff Writer) Providence Journal

PROVIDENCE — The Judicial Nominating Committee Tuesday night picked five Family Court judges as finalists to take the top seat at the court that handles divorce, child custody and some of the state’s most heart-rending cases.

The names the commission will send to Governor Carcieri as possible nominees to replace former Family Court Chief Judge Jeremiah S. Jeremiah Jr. include Judges Kathleen A. Voccola, Michael B. Forte, Laureen D’Ambra, Haiganush R. Bedrosian and Stephen J. Capineri. John E. McCann, who joined the bench in October, was the only contender not to make the list.


All eight commission members present voted in favor of naming Capineri and Forte as finalists. D’Ambra and Voccola each won seven votes. Commission member D. Faye Sanders opted not to support D’Ambra, while C. June Tow did not back Voccola.

Bedrosian, who has served as acting chief of the court since Jeremiah’s retirement June 30, won six votes. She failed to gain support from Sanders and fellow commissioner Norman L. Landroche Jr. Sanders cast the single vote for McCann. Commissioners Mirlen A. Martinez Mal and Jeffrey M. Grybowski voted, although they did not attend the commission’s interviews of the candidates last week. Sanders also cast votes though she only briefly observed interviews.

There is no provision in the commission’s rules that prohibits a member from voting without participating in the interviews, Commission Chairman Dr. Herbert J. Brennan said. All the members had read each of the candidates’ applications, he said.


Before voting, the commission heard testimony from colleagues, friends and family of the six candidates as well as critics of the Family Court system.

Retired Family Court Judge Pamela M. Mactaz spoke on Bedrosian’s behalf as a friend and former colleague. Mactaz emphasized the importance of institutional knowledge to hoist the court out of its present “malaise” and lead it into the future. “The next chief justice of this court has to make some difficult choices,” Mactaz said, adding, “This is a woman who can say no.” Bedrosian, 67, of Warwick, joined the court in 1980, with prior private practice and prosecutorial experience.


Providence lawyer Patricia Rocha, daughter of the late Family Court Judge Gilbert T. Rocha, praised Capineri’s sharp mind, integrity and inclination to use education as a tool within the court. Capineri, 56, of East Providence, was named to the Family Court bench in 2001, after serving as a magistrate there for five years.

Voccola won accolades from Brother Brendan Gerrity, the executive director of Ocean Tides, the Narragansett-based school for troubled boys. Voccola, he said, affirms juveniles when juveniles need to be affirmed and treats kids with fair impartiality. With confidence and good humor, Voccola possesses the ability to make tough decisions, he said. Voccola was named to the bench in 1989 after serving as state liquor-control administrator.


Lia Stuhlsatz, a staff lawyer for Rhode Island Legal Services, told of Forte’s unsentimental fairness in applying the law. Forte, she said, gave a former client who had been in and out of jail a chance to prove she was a fit mother, despite her time in prison. His two decades on the bench had imbued him with the confidence and courage to send a child in state custody home, she said. Forte, 58, of Johnston, was appointed to the court in 1987. He served as a state senator in East Bay in the 1980s.

Victoria M. Almeida, president of the Rhode Island Bar Association, said D’Ambra had the experience and vision to bring the court into the modern day. She extolled D’Ambra’s collaborative approach and the administrative ability and strength of character she showed in challenging state practices as the former child advocate.


D’Ambra, 53, of Lincoln, joined the court in 2004, after acting as the child advocate for 15 years.
John E. McCann IV said his father could be stern when needed, but that he had a respectful manner and a voracious appetite for knowledge. “His only bias will be to do what is right,” the younger McCann said. McCann, 60, of Barrington, came to the court in October with 30 years of experience in private practice.

Under Rhode Island law, the governor is required to fill the vacancy within 21 days after the commission sends him the finalists. But his spokeswoman Amy Kempe said Carcieri views the 21-day time frame as merely advisory. The lifetime post carries a $154,707 base salary.

Monday, August 16, 2010

Providence Family Court Judge forbids communication by parties and their attorneys to ALL third parties.

After reading the article below, my first thought was, "Wow! What was it that the mother put on the internet?" In my experience, as recited by the DCYF Chief of Staff, these types of orders are entered in order to protect the interests of the child. What the article does not tell you is that DCYF is only involved when there is an allegation of abuse, neglect, or dependency. These are legal terms of art, but generally mean that there is some allegation that the child is being harmed in his or her current situation.

I am concerned that this is very broad order in that it prohibits the parent and their attorney from discussing the case with any third party. A couple of third party professionals that I would want to be able to consult with myself and ask my client's to consult with are the child's or party's counselor (if they have one), medical doctor (if there are applicable concerns) or the child's teacher. As the attorney, we do not know all there is to know about a child and consulting with other professionals can be a good way to get a handle on the big picture and look at a case from all angles. We need to be able to do that to assist our clients in their own case, as well as to sift through the he said/she said to know how the circumstances are affecting the child at issue.

If you have questions regarding a child custody decision or a divorce, please call us at 401-841-5700. It is always wiser to "counsel first!" Visit our website at www.CounselFirst.com

Judge bars R.I. mother from talking about custody case.

Posted: 08/13/2010 7:44 PM
Providence Journal
By News staff; By LYNN ARDITI, Journal staff writer

PROVIDENCE, R.I. -- A Family Court judge has forbidden a woman from talking about her custody case with anyone, including the media, or posting anything about the matter on any blogs or other sites on the Internet.
The woman, Faith Torres, has contacted the American Civil Liberties Union about the gag order, but declined comment for fear of violating it.
"This court order is a blatant violation of the First Amendment,'' Steven Brown, executive director of the ACLU's Rhode Island affiliate, said. "If she believes she is being treated unfairly, or if she just wishes to make people aware of her case, she should be able to do so free of a court-ordered gag rule.''
The judge's order is so broadly worded, Brown said, that "Ms. Torres faces contempt of court charges if she discusses the case with her mother..."
By law, someone who violates a court order and is charged with contempt of court can face imprisonment.
Family Court Judge Debra DeSegna issued the gag order -- which applies not only to Torres but also her lawyers -- on July 29 at the request of the Rhode Island Department of Children, Youth and Families.
DeSegna was on vacation this week and could not be reached for comment. Neither Acting Family Court Chief Judge Haiganush R. Bedrosian nor Associate Judge Karen Lynch Bernard, who was filling in for DeSegna and signed the Torres order on Friday, responded to requests for comment.
Joanne H. Lehrer, the DCYF director's chief of staff, said Friday that she could not discuss specifics of the case. However, Lehrer said, it's not unusual for the agency's lawyers, particularly in custody cases involving domestic disputes, to draft such "broad brush" orders and ask the judges to enforce them to "protect the confidentiality of the child."
The gag order issued by Judge DeSegna in the Torres case is contained in paragraph 4 of a 1 ½-page ruling that details the conditions under which Torres is allowed supervised visitation with her oldest child. It states:
"All parties to this action, including the Plaintiff and Defendant, and all counsel are restrained and enjoined from discussing any of the within court proceedings and related matters involving the children with any third party, including but not limited to members of the media, postings on blog, and/or the internet."
Torres said at the time that her lawyer, Jodie Gladstone, objected to the order but the judge overruled her.
Several calls to the Providence law firm where Gladstone practices went unreturned. A woman who answered the phone at the firm told a reporter that Gladstone could not respond due to the court order.