Showing posts with label RI family lawyer. Show all posts
Showing posts with label RI family lawyer. Show all posts

Wednesday, May 25, 2011

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.

Monday, February 21, 2011

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.

Monday, February 14, 2011

DCYF Renders Decision in Neglect Case



Facts: A father and mother are charged with the neglect of their minor children by RI DCYF.

Results: After DCYF hearing, and incarceration of mother, father is awarded sole custody and placement of 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.

Alves Law Offers Highly Qualified Legal Service

Jamal K. found the assistance of Alves Law invaluable and writes....

For all those in need of a well qualified, respectable lawyer, I would highly recommend Rui P. Alves. I can attest to his ability to perform effectively while keeping your best interest at the forefront. It was a pleasure working with a competent individual that thoroughly explained the judicial process and the actions needed to reach a successful conclusion.
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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, January 17, 2011

Real Immigration Stories in RI

It's so rare that we get to hear real immigration stories, we thought it might be interesting to share some of those here. In them you will find situations that can happen to anyone, and the ways in which these immigrants handled their circumstances.

If you need assistance with an immigration matter in RI, a naturalization certificate or the citizenship process, please do not hesitate to contact our office for a consultation.


Faces of immigration in R.I.
January 16, 2011
By Karen Lee Ziner

José Marcano traveled from Venezuela in 1989 to run the Boston Marathon. Leading up to the race from Hopkinton, Mass., to Boston, Marcano made friends and contacts.

Inspired by what he learned, Marcano said, “I saw a better opportunity here in America.”

In 1991, Marcano left law school in Caracas. He quit his internship at the Supreme Court in Venezuela. Then 28, Marcano banked on his hopes and abilities.

Five years later, Marcano was an established painting and construction contractor in Rhode Island, adding to the surge in Hispanic-owned businesses and Latino economic power in Rhode Island. In fact, Hispanic-owned businesses in Rhode Island increased nearly 69 percent between 2002 and 2007, Census data show.

Marcano started at the bottom, but proved an avid learner.

Among his first jobs was at a machine shop, taking parts off a conveyer belt and packing them into boxes.

Among his first friends was a Dominican woman, Josefina Rosario, known as “Doña Fefa,” or mother of the community.

Rosario rented a room to Marcano in her South Side triple-decker, where so many immigrants — many of them Dominican — had come before him. When new immigrants arrived, Rosario would board them while her children bunked on the floor. She fed them, cared for them, helped them navigate their new world. (Rosario now lives in Warwick.)

“I lived at Fefa’s house for three months. We shared food. She gave me the history of how people came to America,” Marcano said, including the dozens of Dominicans she sponsored to the U.S. Rosario also passed on the wisdom she gained as the owner of Fefa’s Market, formerly on Broad Street across from Roger Williams Park.

“She was one of the top people who inspired me to go into business,” Marcano said.

He also met other Venezuelans, many of whom settled in Central Falls, and with whom he maintains ties.

While running on Blackstone Boulevard in Providence one day, Marcano met a contractor, who hired him to paint houses in upscale neighborhoods in exchange for training.

“I learned all the particulars” of quality painting, he said, from prep work to products. He learned about Rhode Island business regulations, licenses, permits and insurance.

Meanwhile, Marcano learned English, and later earned a certificate in international business from what was then Bryant College.

He built his company, JM Painting & Plastering in Cranston, from a one-man shop to nearly two dozen employees at its peak. The tanked economy and a financial loss suffered when a developer failed to pay him forced him to lay off some workers. JM was awarded “Hispanic Business of the Year” by the Rhode Island Hispanic Chamber of Commerce in 2007.

He and his girlfriend, Ingrid Lima, have recently taken over The Water’s Edge Café on Broad Street in Pawtuxet Village, a cheerful pastry and coffee shop with raspberry-colored walls.

Last June, Marcano became a U.S. citizen.

“I cried,” Marcano said, “because my dream came true in this country.” Inside

• A look at how some of Rhode Island’s largest ethnic groups got here.

•Maps showing where some of the groups live.

•We also ask some prominent Rhode Islanders whether they prefer the term “Hispanic” or “Latino.” A10, 11

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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, December 1, 2010

Child Returned to Mother as Custodial Parent After Hearing

Child Custody Case Results posted by RI Family Court Attorney Rui P. Alves.


Case Results for RI Child Custody Matter


Father obtained order removing son from mother. Mother was the primary care taker of child. Obtained order returning child to mother prior to court date by demonstrating to the Court that father’s allegations were baseless. Action resolved with mother being the custodial parent of the child.

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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.

Thursday, October 28, 2010

Equitable Division of Assets in RI Divorce Case

RI Divorce Attorney Alves posts decision in a Family Court Divorce Proceeding involving the equitable division of the marital assets.


RI Divorce Case Results

Wife worked in the home for many years. Husband did not want divide his business and/or real estate to give to wife. Wife awarded a cash lump sum of money to compensate for her equitable interest in the marital estate.

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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.

Thursday, September 23, 2010

Terminating Child Support and Wage Garnishment in RI

RI Law does not provide for the automatic termination of child support. Rather, a Motion to Terminate Child Support must be heard and granted by a Judge of the Family Court before the original and standing support order will be modified or dropped.

Unlike when filing for a divorce however, the parties are not required to provide the family court with a DR6 unless there is more than one child and support must continue for the remaining children.

Consequently, if there is more than one child involved, the motion will not be for the termination of child support, it will be for the modification of child support. To file a Motion to Modify Child Support, the parties do need to present current income and expense information in the form of a DR6.

When a supported child reaches the maximum age of 19 or graduates from high school, whichever arrives first, child support may be terminated. Under special circumstances involving disable children, support may continue beyond the age of 19 up to the age of 21, or if good cause is found, to as much as 3 months after high school.

A motion to terminate child support needs to be filed with the court in advance of the child's graduation date, or the child's 18th birthday.

Depending upon how busy the court is, the motion may not be heard for 30-40 days. Following the hearing, it is imperative that your attorney file the necessary documents and paperwork to effectively terminate the support order. Until this process is completely, you only have in essence a court order, and support will continue to be deducted until a wage garnishing authority is told otherwise.

If you or someone you know would like to terminate child support payments for a child who is 18 or older, or would like to modify child support payments in RI, contact my office for a convenient appointment at (401) 942-3100 or by email at rpa@alveslaw.com

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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.

Thursday, August 19, 2010

RI Family Court Chief Judge Position Narrowed to 5 Finalists

RI Family Court Divorce Lawyer Rui P. Alves offers the following article concerning the appointment of the Chief Judge for the Rhode Island Family Court taken from the Providence Journal website and posted here in its entirety.


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

Wednesday, August 18, 2010

By Katie Mulvaney

Journal Staff Writer

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.

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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, August 18, 2010

Candidates for RI Family Court chief judge go before Commission

RI Family Court Divorce Lawyer Rui Alves found an article concerning the appointment of a new RI Family Court chief judge, and the views and opinions of six candidates, interesting. The full article is posted below.

6 candidates vetted in search for new R.I. Family Court chief judge

August 11, 2010

By Katie Mulvaney

Journal Staff Writer

PROVIDENCE –– Six Family Court judges Tuesday night shared their perceptions about strengths and weaknesses of the court that handles divorces, child custody disputes and other sensitive cases in hopes the Judicial Nominating Commission will pick them as a finalist to be the court’s next chief judge.

Over three hours, the commission interviewed Family Court judges Kathleen A. Voccola, Michael B. Forte, Laureen D’Ambra, Haiganush R. Bedrosian, Stephen J. Capineri and John E. McCann to replace Jeremiah S. Jeremiah Jr. The commission will forward three to five finalists’ names to Governor Carcieri for his consideration following a public hearing Aug. 17.

Forte, of Johnston, told the panel he became intrigued with law and its “power to lift people up or hold people down” in the 1970s. He did a stint student teaching at the Training School and later served as its athletic director, where he saw firsthand the importance of making good decisions and getting a solid education, he said.

At 34, after serving as a state legislator, he was named to the Family Court bench in 1987. He viewed its mission as healing broken families, he said, adding that his years as a former restaurant owner and legislator gave him business and management experience that made him the best candidate for chief judge. “This is a management position.”

Forte stressed that Family Court is “not a social service agency” and that it needed to get back to its core mission. As chief judge, he would do an exhaustive review of the court’s resources and reorganize the truancy program, he said. He would like to see increased use of technology to make the court more user friendly, particularly for people who do not speak English.

Bedrosian, the first woman appointed to the court in 1980, said she observed a growing need for family and domestic abuse counseling and substance abuse treatment and said the court must work with outside agencies to address such issues.

She praised mediation as an effective way to resolve divorce and custody cases, adding that as chief judge she would aim to change the court’s tenor to be less adversarial

Bedrosian, of Warwick, said she would like to see a panel set up to provide people who represent themselves in court with legal advice, particularly as the economy lags, forcing more people to do so. “I think that’s the way we have to go.” Bedrosian has served as acting Family Court chief judge since Jeremiah’s retirement June 30.

In response to a question by commission member Robert Silva about strong and weak points within Family Court, Voccola named the juvenile drug court, the family treatment drug court and other specialty courts as strengths. She listed the slow movement of divorce and custody cases as weaknesses.

Named to the bench in 1989, she described the court as both a court and a social services agency by necessity. “There are emotional issues and many people are damaged,” she said.

She said she would conduct an administrative audit and enhance the mediation program if she led the court. She emphasized that her supervisory and administrative background as the former state liquor control administrator as well as her diligence made her well equipped for the job.

“We often see good people on their worst days,” Capineri, of East Providence, observed to the commission. As chief judge, he said he would have the judges handling truancy cases tackle mediation every other day. He would also assign two judges to a dedicated trial calendar to move cases along, he said.

Appointed Family Court judge in 2001, Capineri said he would concentrate on staff training and establish an “arbitration week” each year to help resolve cases without a trial. Slow moving cases, he said, only serve to make people angry with the court, themselves, and drains their pocketbooks. He would endeavor, he said, to facilitate people sitting down to work out cases like “human beings,” in a less caustic manner.

McCann prided himself of making every sports game his children played throughout his career and his dedication to family. His three decades practicing family law imbued him with an understanding of what is working in Family Court and what is not.

Improvements needed are more mediators and more interpreters, said McCann, who Governor Carcieri appointed to the court last October. “The system does work it’s just a question of tweaking it here and there,” he said.

He ensures the safety of domestic violence victims and their children, he said, by strict enforcement of court orders. He added that his years as a corporate officer at a law firm and his ability to deal with and relate to people made him a good fit for the job.

D’Ambra said she was inspired to pursue the law and help children doing a thesis on teenage prostitutes in college in Boston. She realized then, she said, that the main things separating her from them was her economic background and education. Success in Family Court could keep a person out of adult court later in life, she said.

D’Ambra, of Lincoln, appointed judge in 2004, said her years as legal counsel for the state Department of Children, Youth and Families and as the state’s Child Advocate made her well-qualified to lead Family Court. She listed as an accomplishment recruiting Roger Williams University School of Law students to help mediate cases.

To protect children from abuse, she said she has night and weekend checks done to ensure that victims and the perpetrators are obeying protective orders. If they are not, she removes the children from the house, she said. Additionally, she has her clerk review each party’s criminal background to determine if any domestic violence issues are at play.


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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, July 26, 2010

Allstate Insurance Decisions Promote New Views on Tort Matters in Rhode Island

In the 2009 year, a prominent article in the legal community encompasses the growing gap between what insurance companies are offering for soft tissue injuries pre-trial, and what juries are awarding as verdicts. The trend has seen some tremendous injustices in this area rectified for the benefit of those injured, as well as the dogma that has followed and labeled these parties in the past minimized or eliminated.

RI Divorce and Personal Injury Lawyer Rui Alves, although not involved in any of these matters, feels as though the information is pertinent and timely, and offers a summary of the relevant facts and outcomes below.

In a recent 2009 decision, Attorney Mark Fay represented a party injured in a ‘low-impact collision.’ The extent of the Plaintiff’s injuries required medical treatments in excess of $5,000.00 and started immediately the day after the crash. Prior to the lawsuit, the Plaintiff was offered a modest $1,500.00 to settle the case out of court.

After trial, and the introduction of evidence that the injury aggravated a previous disc injury, together with Attorney Fay’s ability to negate the defense testimony of Dr. Morgan who stated that there was a “closed end period of partial disability” and that the Plaintiff’s injuries were “minor.”

The testimony of experts, as well as the discernment of the jury, brought the Plaintiff’s award to an astounding $96,272.35 including interest.

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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.