Friday, May 28, 2010

Criminal Defense Lawyer Rui Alves successfully defends a client charged with Possession of Marijuana

If you have questions about this posting or are interested in Criminal Defense in MA contact Massachusetts Defense Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.


Charge:  Possession of Marijuana


Details: Client charged with possession of marijuana after traffic stop and police see it on passenger seat. 

 Result:  Case Dismissed

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If you have questions about this posting or are interested in Criminal Defense in MA contact Massachusetts Defense Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Thursday, May 27, 2010

Rhode Island Divorce Lawyer Rui Alves announces successful outcome for client in Divorce and Child Support dispute

If you have questions about this posting or are interested in Divorce and Child Support in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Case: Divorce and Child Support

Details of Case: During divorce and child support settlement husband claimed he made 1/4 of his actual income.

Result: Husband ordered to pay full child support on all income resulting in a significant increase in child support payments.




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If you have questions about this posting or are interested in Divorce and Child Support in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Wednesday, May 26, 2010

Rhode Island Child Support Establishment

How is Rhode Island (RI) Child Support determined in the case of divorce, paternity, and access to children?

Child support in the State of Rhode Island is determined by the Rhode Island Family Court Child Formula Guidelines. For most instances, the minimum amount of support is ordered according to this guideline. A parent it entitled however, to request more than this approach because the guidelines are only intended to give the state a starting foundation, and offer guidance in cases involving alimony.

The court will examine all of the assets of the parties in determining child support. Whatever circumstances the Judge considers appropriate can be examined by the court, including each parties expense and living needs, as well as financial and realty assets. In cases involving an unemployed party, or a party that refuses to work, the court may determine the economic capability of the party rather than basing the guideline on pertinent fact that are not in existence.

The Rhode Island Child Support Guidelines uses a percentage of the adjusted gross income for both parents to determine the actual amount of maintenance payments. A Judge may allow discretionary expenses, such as medical or life insurance premiums, to be deducted from this baseline amount in some cases.

Because the guideline uses a percentage of the difference in the adjusted gross income of both parties, the party that earns more money would be responsible for paying more child support if they are the non-custodial parent.

In some cases a judge may go above the guidelines, and in particular situations where there are excessive assets involved, standards of living that far exceed the reported gross income, or if there are extraordinary and necessary expenses related to the needs of the child.

Expenses such as daycare, private school, and activities expenses are generally not considered when applying the guideline, however, a judge may agree to allow for concessions for these amounts in the determination of support for the minor children.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Wednesday, May 19, 2010

RI Governor Names New Family Court Judge

On May 11, 2010, Governor Carcieri named Karen Lynch Bernard to the Rhode Island Family Court bench. After graduating from Suffolk University School of Law, Judge Bernard began her long and distinguished career as a family law attorney.

The full article follows below.

Family Court nominee named
May 12, 2010
By Katie Mulvaney
Journal Staff Writer

PROVIDENCE — Governor Carcieri Tuesday nominated Karen Lynch Bernard, a Warwick lawyer with years of experience practicing family law, to the Family Court bench.

Bernard is a partner with her family’s Warwick firm, Lynch Bernard and Lynch, where she specializes in family and juvenile law. A four-time finalist for previous Family Court posts, she served as an assistant solicitor for the City of Warwick from 1989 to 1991.

“I am confident Karen’s knowledge and understanding of the law and the very complex issues that come before the Family Court, combined with her patience, integrity and zealousness, will be an asset as an associate judge of the Family Court,” Carcieri said in a statement. Her nomination is subject to the advice and consent of the Senate.

Lynch went to work for her father John D. Lynch’s law firm after graduating from Suffolk School of Law. There she works with her sister, Erin P. Lynch, a state senator who sits on the Senate Judiciary Committee, and brother, John D. Lynch Jr., a member of the Ethics Commission. A lifelong Warwick resident, she lives in Warwick with her husband, Robert, and three children.

Lynch, 46, said she received the call from the governor around 1:35 p.m. “I was literally shaking,” said Lynch, who has long pursued a seat on the court. “I love Family Court,” she said. “Family Court is my main focus.”

Her years mediating among her nine siblings will equip her well for the job, she said. She added that she planned to step aside from hearing cases she or her family’s firm has been involved in as necessary, based on conversations with other judges. “I don’t really see that as being a big issue,” she said.

Her goal, she said, will be to get families through the judicial process with as little turmoil and as much civility and dignity as possible.

Lynch would replace Family Court Judge Howard I. Lipsey, who retired in late 2008 and has continued to sit in retirement.

Her name was among five forwarded to the governor by the Judicial Nominating Commission in March 2009. The others were Joseph A. Abbate, Family Court Magistrate Patricia K. Asquith, David N. Bazar and Rossie L. Harris Jr. The position comes with a base salary of about $140,642.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.