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Carl P. DeLuca, Attorney at Law, LLC
Carl P. DeLuca, Attorney at Law, LLC's posts

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Child Support

The parent with the physical placement of the child or children must receive child support. This is not a right that may be waived by the spouse with placement, since child support is intended for the benefit of the child. Child support is calculated by a formula. The formula uses the gross incomes of the parties, with some mandatory (e.g., child related health insurance) and discretionary (day care costs) adjustments. The issue of child support remains with the court and may change if circumstances change.

In Rhode Island, there is no rule requiring a child support adjustment when the parties have near equal placement of the children, but the court may take the arrangement into consideration when determining child support and such arrangements are becoming increasingly popular.

#divorce    #divorcelawyer    #divorceattorney   #rhodeislanddivorceattorney    #rhodeislanddivorcelawyer   #childsupport  

Filing a Chapter 7 Bankruptcy with Our Firm

Our offices use the latest technology and best bankruptcy software to collect and process your financial information.  When we have all the information we need for your petition we will send a draft to you for your review and revision.  Once the petition is completed properly and to your satisfaction we will file it for you electronically, using the bankruptcy court internet gateway, as required by the Bankruptcy Court.  The Bankruptcy Court in Rhode Island charges a $306 filing fee.   We will then need to upload copies of  your pay stubs from the 60 days preceding the filing.   Once the petition is filed the court enters and “Automatic Stay.”  This means your creditors may not continue to try to collect and if you are granted a discharge, they may never attempt to collect from you again. However, if the creditor has a secured debt they may attempt to have the stay lifted for them and they may attempt to repossess, foreclose, etc., on the property on which they have a secured interest once your bankruptcy case is closed or if the Court lifts the stay on their behalf.

#bankruptcy   #rhodeislandbankruptcylawyer   #rhodeislandbankruptcyattorney   #chapter7  

Visitation and Custody

In Rhode Island it is common for a couple to receive joint custody of their children, with physical placement with one of the parents, and some form of visitation with the other.

Joint custody allows each parent a say in the upbringing of the children. It also allows each parent the authority, for instance, to authorize an emergency medical procedure, if necessary.

It is possible, depending on the fitness of the parents, that sole custody may be awarded to one parent and no visitation, or modified visitation to the other. The issues of visitation and custody remain within the jurisdiction of the court even after a divorce, and the terms may be changed if the circumstances change.

#divorce #divorcelawyer    #divorceattorney   #childcustody   #rhodeislanddivorcelawyer   #rhodeislanddivorceattorney  


In Rhode Island, alimony is generally rehabilitative. This means that it may be granted for a short, definite period of time, to a spouse who has been out of the job market to give the receiving spouse time to get the education or job training they need to get back into the job market. In some cases, the court may grant alimony for an indefinite period due to the age or health condition of the spouse, or some times even due to the malevolent behavior of the other spouse.

#divorce   #divorceattorney   #divorcelawyer   #alimony  

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There are many things that laypeople can do for themselves without attorneys, but I don't believe that filing for bankruptcy is something people should do on their own.   There are to many things that have to be done correctly and too many things that may go wrong.  

Hire an experienced  bankruptcy attorney to help you first determine if bankruptcy is the best option for you and to guide you through the process if you decide it is.

#bankruptcy   #bankruptcyattorney   #bankruptcylawyer  

Marital Assets

Marital assets and debts are generally divided equally, absent wrongdoing on the part of one of the spouses. (There are other considerations, as well, such as the length of the marriage) Marital assets and marital debts consist of property or debts acquired during the marriage, or acquired before the marriage, but given as a "gift" to the marriage by one spouse by placing the title of the property in the names of both spouses, or transferring it into the name of the other spouse.

In addition, an increase in the value of the property (e.g., real estate, pensions plans, etc.) that was owned by one spouse before the marriage is a marital asset. For example, if a husband owned a house before his marriage that was worth $100,000.00 at the time of the marriage, and its value increased to $150,000.00 by the time of the divorce, the $50,000.00 increase in value would be considered a marital estate and the wife would be entitled to $25,000.00, absent other factors. One must not rely upon whose name a property stands in to determine whether or not that property belongs to the marriage or the individual.

#divorce   #divorcelawyer   #divorceattorney   #rhodeislanddivorce #rhodeislanddivorceattorney   #rhodeislanddivorcelawyer  

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Grounds for Divorce
In Rhode Island, most divorces are granted on the grounds of irreconcilable differences. Irreconcilable differences can encompass all sorts of differences that may cause a breakdown of the marriage which is beyond repair. The other most common grounds for divorce are adultery, abuse and substance abuse. In order to obtain a divorce in Rhode Island, you or your spouse must have resided in the state for at least one year. There are exceptions to this rule, for instance, in the case where one party is in the military, but lived in Rhode Island before they enlisted. #divorceattorney   #divorcelawyer   #divorce   #rhodeislanddivorceattorney   #rhodeislanddivorcelawyer   #rhodeisland  
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