Getting a Divorce in RI for Free

As in most states, in RI there are provisions for married couples who would like to divorce, but do not have the money to hire an attorney. Although it is always advisable to hire an attorney to counsel you, whether you elect to have them join you in court or not, there are ways to make the financial burden less painful to begin with.

If you and your spouse are in agreement about the marital property, this property consists of little more than your personal effects and perhaps a house, and there are no children of the marriage, you can prepare your own documents for the filing of the divorce. The court will require that you follow certain procedures, and that you pay a filing fee, before you are given a court date.

Attending court without an attorney, you may have to wait longer for your case to be heard, and you will definitely be required to respond to direct questions from the Judge. In addition, once your case has been heard, there will be paperwork that needs to be filed afterward. If you fail to file this paperwork on time, your divorce will not only fail to be finalized, but you will need to file a Motion to get permission to file the paperwork late or, out of time.

The divorce process, while not overly difficult, still presents significant challenges to most people, even with an attorney. However, if you are considering handling your own divorce, seek the advice of a qualified family law attorney first.
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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.

Will I Be Taxed on My Child Support?

The short answer is no, there is generally no tax on either child support payments, nor a deduction for the party making the support payments. Child support is not considered income. It is a payment from one parent toward the well-being of their own children. It is the same idea that couples with children who remain together in marriage would not expect one parent to file taxes against or deduct any monies spent in the upbringing of the children of the marriage.

In some isolated instances, where alimony is granted, the parties may agree to increase the alimony payment in return for a decreased child support payment. The results of this are two-fold; first, the party paying the extra alimony will be able to take that amount as a deduction from their taxes. Unfortunately, this also means that the party receiving the increased alimony payment will be expected to include this amount as taxable income on their return.

Additional caution should be exercised in this situation however, as decreasing your child support, and increasing your alimony and income, can eliminate some substantial dependent and child related tax-breaks. A discussion with a tax professional prior to agreeing to this kind of arrangement can eliminate any doubt as to whether it would be a viable choice under your own financial circumstances.
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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.