Thursday, May 26, 2011

Money Saving Tips for Divorce Clients

No matter what kind of divorce situation you are in, one thing is certain, it will have significant costs associated with its resolution. That is true whether you hire an attorney or not.

The areas where attorneys help divorce clients the most are gathering documents, answering and filing court documents, and of course, appearing in court at hearings and trials. In the last instance, there is little you can do on your own, as you most definitely will want to have an attorney to at least go into the hearing with you. That being said, having your attorney appear in court with you will be your largest expense in the divorce proceedings.

In the second area, answering and filing court documents, you will again need some legal guidance. Fortunately, there is still a lot you can do on your own that will alleviate the burden on your attorney and possibly reduce some of the cost as well.

In some cases if your divorce is uncontested, involves no property or children, and you and your spouse can come to agreements on your major issues, you will be able to find an attorney who can offer you assistance at a rate based upon the difficulty of your case.

In fact, if you and your spouse are willing to come to complete agreements about every aspect of your divorce before even visiting an attorney, you may be eligible for mediation; which is an extremely affordable solution to divorce for everyone, and is far less stressful and time consuming than a divorce proceeding in the Family Court system.

The current financial climate determines that both attorneys and clients be willing to work together to come to agreements that suit the financial needs of everyone involved. Family law attorneys know and understand the expenses that are faced by couples when they divorce and in almost every instance are willing to tailor their fees and work with their clients to achieve the best possible results for as little expense as possible.

Wednesday, May 25, 2011

Do you have a Will ? Read about its importance.

The Importance of a Will

By: Karen A. Graham, Vice President

Virtually everyone postpones writing a Will. Maybe it's because we don't want such a tangible reminder of our mortality. Or perhaps we view the process as relinquishing the ownership of our property. Whatever the excuse may be for putting off the drafting of a Will, many people do not realize that writing one actually prevents what is feared. In fact, a Will may be the most important document that you ever write, because it allows you to select the persons who will receive what you own when you die. If you don't have one in place, you cannot select the recipients of your property and the state you reside in will determine how your property is divided.

What is a Will?

In simple terms, a Will is a legal document that dictates how you want your assets to be distributed after you die. It's a fluid document because it has no effect until you die - you can change it whenever you want. To be valid, however, the document must comply with several requirements under state law - the number of witnesses, whether it must be typed or handwritten, and others - all of which are fairly standard state to state and very easy to satisfy.

A Will includes specific directions on how you wish your estate to be distributed after your death, including provisions for any tangible personal property that you may own - jewelry, furniture, and the like, as well as naming guardians for any minor children. It also indicates what sources will be used to pay any estate taxes and debts that are due, and it names an Executor who will be responsible for the settlement of your estate. It ends with your signature, the signatures of required number of witnesses, and typically a notary public's oath about the validity of the various signatures.

Why Do I Need One?

Virtually every person - married, divorced, single, childless, parent, in good health, in bad health - should have a Will for the simple reason that without one, you cannot determine who should receive your property. Each state has a default plan for how property must be distributed if you die without a Will, with the default (and mandatory) scheme depending on your marital status, whether you have children, if you have any living parents or siblings, and other criteria. Furthermore, even if you die with no living relatives, the state will not permit distributions to a friend, a favorite charity, or any non-related person. Instead, the property will most likely end up going to the state.

What is Probate?

If you die with a Will in place, the Executor named in the Will typically presents the will to the local clerk of court and asks the court to authorize the Executor's administration of the estate. This process of presenting the Will and administering the estate is called the "probate" process. The probate process generally is fairly informal - the Executor presents the Will, is authorized to administer the estate, determines the beneficiaries and creditors entitled to the money or other property, makes the distributions, files any tax or probate documents with the various government entities, and closes the estate, all within the proscribed and monitored timeframe. If the Executor sees potential problems with the Will or foresees a will contest, he or she may request a more formal process, but this rarely is needed.

If you die without a Will - known as intestate - the local court must monitor the estate's administration even more closely. This is because the court - not a Will - provides all of the authority to act. The administration and closing of the estate generally requires more court involvement, often more publicity, and definitely more red tape.

Individual or Corporate Executor?

Choosing an Executor is an important decision, particularly if you have significant property or investments. Depending on the amount of property and the types of property owned, administering the estate can require considerable time and expertise. A relative or friend may not be "honored" to be named Executor if it causes loss of sleep from worry or he or she is incapable of conducting the job effectively. Although many individual Executors waive receiving any Executor's fees, they often use the funds otherwise paid to a corporate Executor to hire advisors to assist in administering all but a very simple estate.

If your Will provides for distributions to a trust held by a bank or other corporate trustee, that institution often is the best equipped to administer the estate in the most efficient manner. Similarly, corporate trustees may be useful even absent a trust, since they have significant experience in estate administration and have the ongoing technical knowledge and legal expertise to handle virtually every situation.

A Will's importance is clear regardless of your personal situation. Without a Will, you have no input about the distribution of your property after your death or the persons involved in administering the estate. A local court makes those decisions, and it has no authority to deviate from the state law. In essence, the state steps into your shoes and makes all of the decisions for you.

This can be easily avoided with proper planning. By creating your Will now, you can always add to the provisions or alter the document as your life evolves. It's important to review your current Will every five years to ensure that it's up to date and still reflective of your future wishes.

The information in this article is for informational purposes only not state specific but intended as a general reference for the process as a whole.

© Wilmington Trust Corporation.----------------------------------------------------------------------------------
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.

Modification of Child Support, Visitation, or Custody

Under the RI Family Court guidelines, if you have had a significant change in your circumstances, meaning loss of income, mobility, or living quarters, or other crisis, you may be eligible for modification of your child support payments. In addition, you may have your visitation or custody (if you are the parent with physical placement) altered to reflect your changed situation.

In most cases, the parent asking for the modification, must prove that the change in circumstances is substantial enough to warrant the changes requested in the motion. The changes requested will be reviewed and cannot be something that was previously contemplated, or show any signs of being manipulated by one party or the other.

To make any changes to existing child support, visitation, or custody orders however, you will need to file a formal motion with the court. Although the decision is not automatic and may not be granted in your favor, it is always advisable to contact a family court lawyer and obtain more information if you are facing unemployment, homelessness, health issues or a crisis of any kind.

How to Prepare Your Child for a Custody Case

A common and recurring practice in the process of deciding child custody matters, is the custody evaluation. The parents may opt to volunteer for the evaluation, or the court may order it. In either situation, your child will be the one who is expected to answer the questions. For a child involved in a divorce proceeding already, with parents who may be fighting one another over custody issues, things don't get much more stressful than this.

There is big difference between preparing your child for the interview, and negatively guiding what their responses to particular questions should be. Your child is already under a great deal of pressure, having to be concerned with remembering specific answers will only add to their discomfort and trauma. Consider eliminating any and all expectations for them completely, and allowing them to relax and see the interview as if they are having a visit to a therapist or other counselor.

Explain to your child that under all circumstances the only thing they are required to do is be 100% truthful. Assure them that there is no right or wrong answer, and that they will not get either their parents, or themselves into any trouble with any of their answers. Very often children are more concerned for their parents and will worry that something they say will harm one or both.

Refrain from any and all coaching of what your child should or shouldn't say in the interview. If your child is genuinely afraid of one parent or the other, the interviewer will be best able to discern that fact from an honest answer. A coached response will always sound false and give the evaluator reason to be suspect for the remainder of the interview.

If you are facing a custody dispute in RI, contact Alves Law for an appointment.
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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.

Saturday, May 21, 2011

Moving out of RI with your kids after a divorce?

Which State Court decides issues relative to custody after a divorce
is final when neither party lives in Rhode Island any longer?

The Rhode Island Supreme Court decided in Sidell v. Sidell on
April 19, 2011 that when neither party nor the children live in RI any longer,
that RI cannot hear the case. In this case the husband and wife decided
that RI should be the only place/court where disputes related to their marital
settlement agreement which they entered in their divorce. One of the issues in this agreement was related to their children. As the children were living in Connecticut for many years, RI no longer had authority to hear the dispute in this case.

It is very important that when one is going through a divorce and/or child custody matter and you or your spouse (child's parent) is moving out of state with the children, you should contact an experianced divorce/child custody lawyer to discuss these and other issues.

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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.

Friday, May 20, 2011

What Your Divorce Attorney Needs to Offer

Divorce and custody are some of the most painful experiences a family can endure. Having a wise and competent family law attorney to help you navigate the process can be the only light at the end of a dark tunnel. If your spouse or partner and yourself are unable to come to agreements on the major aspects of your situation, like; property division, real estate issues, financial matters, and child custody circumstances, you will need an experienced family law professional to advise you of your rights and the best possible solution to your situation.

In addition to being legally competent and able, your attorney should have a pleasant manner and give you the feeling that you can trust them with your personal information and issues. You will be spending a good amount of time relating incidents and circumstances of your life with your attorney and if you feel uncomfortable or feel that you will not be able to trust him or her, then you will need to keep looking until you find an attorney with whom you can feel safe.

You should also feel confident discussing the financial arrangements and the fee structure, including what will be included and what will not be included in your retainer fee and any subsequent billing facts that you may need to know.

Some of the situations that family law attorneys are trained and skilled in resolving are initial custody and child support decisions for visitation during the divorce process and transition periods; obtaining restraining and temporary orders in situations involving violence or the safety of family members and children; and timely filing and management of the many and diverse documents required by the court.

Acting as an unemotional and uninvolved intermediary, your divorce attorney will be able to accomplish resolutions to all of the issues of your divorce either directly through your spouse, or in communication with your spouse's attorney. Divorcing partners are far too emotionally involved in most instances to be able to make sound decisions that can have far reaching effects for the entire family. In this area as well, your attorney will be able to offset the difficulties of this process for you.

Saturday, May 14, 2011

Immigration Lottery

Software snafu invalidates lottery for immigration visas

01:00 AM EDT on Saturday, May 14, 2011

By Donita Naylor

Journal Staff Writer

PROVIDENCE — Winners became losers and losers had their hopes renewed when the Obama administration announced Friday that it had voided the results of the 2012 immigration lottery because a computer had selected names mostly from entries made in the first two days.

“It’s very upsetting,” said Bill Shuey, executive director of the International Institute of Rhode Island, upon hearing the news Friday. “You give people some hope and then snatch it away.”

“It’s a shame,” said Marta V. Martínez, communications director at Progreso Latino. She said she imagined it would be like “winning the lottery and then being told, ‘Oh, never mind.’ ”

Only worse, she said, because the immigration lottery wasn’t for money but for a future in the United States.

“Your hopes are high, you’ve got your future planned, and then it all falls through,” Martínez said. “The emotional part of it –– it’s just hard to get over.”

The lottery was supposed to be a random drawing from the 14.7 million entries submitted between Oct. 5 and Nov. 3, 2010, the State Department said Friday. Because of a software problem, 90 percent of the winners were selected from entries received Oct. 5 and 6.

The 90,000 people whose names are drawn win the opportunity to apply for one of 50,000 diversity visas which allow people to live legally in the United States.

“These results are not valid because they did not represent a fair, random selection of the entrants as required by U.S. law,” said David Donahue, the deputy assistant secretary of state whose office oversees the lottery. “We sincerely regret any inconvenience or disappointment this problem might have caused,” he said in a video posted at http://dvlottery.state.gov/.

The invalidated winners probably hadn’t sold their belongings or packed their bags. Results of the diversity lottery were available online May 1. About 22,000 people learned that they had won before the glitch was discovered May 5, the Associated Press reported.

The State Department works for months to sort through 90,000 applications and choose the 50,000 who will get visas.

Carl Krueger, a lawyer for the International Institute, said applicants usually learn by Oct. 1 if they have qualified for a visa.

“I’m glad somebody picked up on that” so early in the process, Krueger said Friday evening.

“We will conduct a new, random selection,” Donahue said on the State Department video. “The new selection will be based on your original entry. You do not need to re-apply.” He said the programming error was fixed and the redrawing was scheduled. No new entries will be accepted. Winners will be announced on or near July 15, Donahue said.

The confirmation numbers for registrants to check results will continue to be valid for checking results from the redraw.

The 50,000 diversity visas are for people without family or employer sponsors and no other way of getting a visa to come and live in the United States legally.

Krueger said the diversity visas were designed to help people from countries with low rates of immigration to the United States. In his view, he said, requiring them to apply online has restricted the applicant pool because people from the most impoverished places don’t have access to computers.----------------------------------------------------------------------------------
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.

Tuesday, May 10, 2011

$6.1 million in custody case awarded to Father

Ex-R.I. man wins $6.1 million in custody case

01:00 AM EDT on Tuesday, May 10, 2011

By Richard C. Dujardin

Journal Staff Writer

Christopher Savoie, a former Rhode Islander who drew international attention when he was thrown into a Japanese prison in 2009 for trying to recover his two children from his Japanese ex-wife by grabbing them as they walked to school, has won a $6.1-million judgment against his former wife.

But in an interview from his home in Franklin, Tenn., the University of Rhode Island and Bishop Hendricken High School graduate called the award issued by Franklin Chancellor Timothy Easter a “two-edged sword” in that it gives his ex-wife a strong financial incentive “to do the right thing” and allow him to see his two children, but there is no guarantee that he’ll see his 10-year-old son, Isaac, and 8-year-old daughter, Rebecca, before they reach 20, the age of majority in Japan.

“It’s bittersweet, because rather than getting any money, I’d much rather be in the park playing with my kids. No amount of money can compensate for that time with the kids,” said Savoie.

Along with his second wife, Amy, another former Rhode Islander who began a career in immunology at URI, Savoie, 40, became enmeshed in an international custody battle that unfolded two years after Christopher, who had achieved international stature as an innovator in biotechnology, returned to the United States with his children and Japanese wife, Noriko, in the hope of starting another business.

Not long after the couple arrived, Christopher sued for a divorce, and two months after being granted the divorce decree in January 2009, married Amy, whom he had known since his days at URI. Savoie says that, as part of the settlement, his ex-wife agreed to provide him custody of the children in exchange for a monthly payment of $5,500 along with other payments for their education.

Then, just days after Christopher and Amy gathered with friends and relatives and their two young children at a waterside restaurant in East Greenwich to celebrate their six-month wedding anniversary, Noriko told Savoie and the judge in Tennessee that she wanted to take the children on a brief vacation in Japan before they resumed school in the United States. It was only when the Savoies saw that there was no planned trip back that they began to suspect that their children had been abducted.

Savoie says that contrary to some reports in the media, his two children had always been brought up in an English-speaking environment. Isaac, who was born in California and went to preschool in the United Kingdom, scored in the 98th percentile on the standardized English test in Tennessee, and Rebecca was doing well, also.

In fact, he says, when he came upon their children on the street in Japan, their mother was walking closely behind because she needed to interpret for them because they were not fluent in Japanese. Savoie thought he could whisk them off the street, carry them off to the U.S. Consulate and bring them back to the U.S., only to see his plan foiled when officials at the consulate did not open the door and allowed him to be arrested by Japanese police.

Despite the exposure provided by his nearly three-week imprisonment, Savoie said he has not seen his children again. Every time he attempts to reach the children by phone, their grandparents hang up on him.

Savoie said his anxieties increased significantly after the Japanese earthquake and nuclear disaster. He said that while he was told the children are safe, by his calculations, “they are within the nuclear fallout zone.”

Savoie said the events of the last few days have given him some new hope. The judgement issued by a Tennessee court on Monday is designed to get his ex-wife’s cooperation by cutting off any future financial payments by her as soon as she agrees to return the children.

Although the court system in Japan recognizes that he has been awarded custody of the children by a Tennessee court, the problem is that Japan has no way of enforcing the custody settlement, Savoie said, but it does have a method of enforcing the financial penalties. “We have a set of lawyers waiting in the wings” to put in the mechanism to see the judgment implemented.

Savoie said he has also been buoyed by what he says is a recent announcement by Japan that it plans to sign the Geneva Convention, a move that would make it easier for international parents to recover their children who have been taken in custody disputes.

In the meantime, Savoie said the international custody battle has caused him and Amy to reconsider their calling. Instead of immunology, both are now students at Nashville School of Law in the hope that they may be able to help parents of other children — including some 300 in Japan alone — who have been abducted by spouses and are being held in Japan.

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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.

Monday, May 9, 2011

After divorce, assets may not be subject to income tax

After divorce, assets may not be subject to income tax

Published: Monday, May 09, 2011, 7:06 AM Updated: Monday, May 09, 2011, 7:10 AM

Q. I will be getting a settlement from a divorce, and I would like to know what I can do to minimize taxes. Can you advise what’s the best way to get the most benefit from this money? I have three children and I believe a 529 plan might be an option.
– RA

A. Slow down. A 529 plan can be great for college savings, but before you consider investment options, it’s important to understand what’s taxable and what’s not in a divorce settlement.

Property transferred between spouses incident to a divorce settlement is not typically subject to income taxation, said Michael Maye, a certified financial planner and certified public accountant with MJM Financial Advisors in Berkeley Heights.

Maye said for federal tax purposes, any transfer of property between spouses as a result of a divorce proceeding that happens within six years after the date of the divorce is presumed to be related to the divorce.

"If your divorce settlement is solely the transfer of assets between spouses, there likely would be zero income tax implications," he said. "An exception to this would be if a spouse under the divorce was given a portion of the spouse’s 401(k)."

If the receiving spouse fails to roll the 401(k) proceeds into an IRA, the proceeds would become taxable in the year it’s received as a distribution, Maye said.

"Spouses receiving settlements from deferred retirement accounts should be sure and roll them directly into an IRA to avoid immediate taxation," he said. "Failure to do so may also result in the 10 percent early withdrawal penalty for those under age 59½."

Maye said income taxation only comes into play in a divorce settlement when a marital asset is sold to a third party. For example, if a marital asset was sold to a third party and the spouses split the proceeds, they would also split the gain for tax purposes.

The tax rules before and after divorce are generally the same, said Jerry Lynch, a certified financial planner with JFL Consulting in Fairfield.

He said if you own a mutual fund or a stock, the original tax basis (cost) is what will be used in calculating gains for taxes. A stock bought at $10 that’s worth $20 after the divorce, if sold, for example, would yield a taxable gain of $10 per share.

The best advice?

"Take a step back and speak to someone familiar with taxes and your situation as your entire tax structure has changed," he said. "You are no longer filing as ‘married’ so all the tax brackets are different. Your income is probably less. Take some time to understand your new situation and then it will be much easier to make better decisions."

- Karin Price Mueller----------------------------------------------------------------------------------
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.

Friday, May 6, 2011

Worried about what will happen to your pet after your gone: New MA Pet Trust Law

New Massachusetts Pet Trust Law

Posted by Jill Boynton May 6, 2011 10:22 AM

If you have a pet you understand how easily it becomes a member of the family. And like any other family member you want your pet to be taken care of after your death. Massachusetts just made that easier with the establishment of An Act Relative to Trusts for the Care of Animals.

Massachusetts residents can now establish a trust to provide for the care of pets if the owner is incapacitated or dies. The trust designates someone to look after your pet as well as provides the funds for the care. Details can be outlined such as what food your pet eats and which vet you would like the pet to see. Since the trustee would have a legal obligation to use the money for the benefit of the pet, and give care as outlined in the trust, this is more reassuring to pet owners than simply asking someone to adopt the animal. Hopefully this will prevent some pets from being left at shelters after the death of their owner.----------------------------------------------------------------------------------
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.