An alimony is a payment that one spouse can be ordered to pay the other spouse for support as a result of a divorce. In a Rhode Island Divorce, some spouses are eligible for alimony from the other spouse. The allowance is also known as Spouse Support or Spouse Maintenance.
RIGL 15-5-16 describes the factors that a Rhode Island Family Court Judge should use in determining whether a Spouse or Spouse is Eligible for the payment of Benefits from another spouse.
The Rhode Island Supreme Court stated “Alimony is a rehabilitative tool intended to provide temporary support until a couple is independent, and is based purely on need.” Berard v. Berard The Statute of Rhode Island Alimony is set out below. You should contact a Rhode Island Divorce Lawyer for legal advice regarding your case.
Generally, Benefits are given for a certain period of time, in stages which are usually weekly or monthly. Benefits may be provided as a result of the Divorce settlement. If either party requests alimony or refuses to waive alimony and the parties are unable to agree on the award of alimony, then the alimony may be granted at a divorce hearing.
Temporary Benefits may be granted by the Rhode Island Family Court prior to the start of the RI divorce. This provisional Allowance Award will remain in effect until a final decision by a Rhode Island Family Court Judge at the RI Divorce Court.
The purpose of the allowance is rehabilitative in nature. “benefits must be ‘paid for a short, but specific and expiry period of time, which will cease when the beneficiary, in making reasonable efforts, is in a position of independence.'” Thompson v. Thompson
Benefits are usually provided on a temporary basis but may be granted indefinitely and (perhaps which turn out to be permanent) if the facts justify unlimited benefits. The Rhode Island Supreme Court ruled that “Alimony may be granted even for an indefinite period as long as the trial judge takes all legal factors into account.”
Unlimited benefits can be ordered in cases where either party becomes seriously disabled or due to old age is unable to work. Unlimited benefits can also be granted in a large number of different factual circumstances.
Courts must take into account the “Health, age, position, occupation, amount and source of income, vocational skills and employability of the parties” in making the determination of benefits.
Ability to pay is an important factor in determining the amount of benefits and whether or not benefits should be provided. There are many cases where a spouse is in dire need of alimony but the other spouse does not have the ability to pay sufficient alimony. In some cases, spouses do not have the ability to pay due to child support obligations to the other spouse or child support due for other children.
Further, according to the Rhode Island Supreme Court, “Section 15-5-16 does not explicitly prohibit one award at a time.” However, lump sum award benefits do not appear to be favored under Indonesian law.
The best candidates for benefits are spouses who put aside their career ambitions for years to become a stay-at-home mom and take care of the children. As a result of parenting and building and maintaining a home, other couples are able to advance their careers in order to be able to pay benefits.
In some cases, the family makes the decision that one of the parents will give up his career aspirations to raise a child or minors. As a result, the skills of the housewife are so out of date that she cannot find a suitable job. This is usually because the housewife’s job skills, employment history, license, training, skills, experience or degree have become outdated or irrelevant. Perhaps the person does not have sufficient work history to be self-sufficient and independent without receiving benefits. In some cases the spouse is unable to work because the current spouse has physical custody and placement of minor children.
For this type of person, the purpose of granting Rehabilitative Benefits is to enable a person to build a work history, advance his education, job training, licensure, etc. so that the person can be independent and independent in the future.
Another type of person who is an excellent candidate for benefits is a person with a temporary or permanent disability especially if the marriage has been married for a long time. Another good candidate for benefits is a spouse who has children with severe disabilities that make it difficult or impossible for the person to find work.
“The transfer of property must precede the determination of benefits because the needs of each party will be affected by the fair distribution of marital property.”
Rhode Island Child Care and Placement plays a role in determining benefits. If the parties have children, the Court must also make a Rhode Island Child Support award before the Court determines the alimony award. The Child Support Award plays a large role in determining the resources of parents with physical custody of minors. Child support orders can also greatly affect an individual’s ability to pay future support.
The needs and expenses of both parties are very important in determining benefits. Needs and expenses related to the standard of living of the parties. Courts can look at the following types of expenses and needs: rent, mortgage, taxes, insurance, food, health insurance, uninsured medical expenses, prescription fees, dental expenses, cable, internet, utilities, heating, gas, vehicle costs, etc.
Although behavior is a factor in determining benefits according to the RI Licensing Statute, it is not a significant factor because benefits are basically based on need. Behaviors such as infidelity, drug or alcohol addiction, gambling problems, domestic violence play more of a role in the fair distribution of assets than in the determination of Benefits.
The award of benefits has no Federal Income Tax consequences.
Child support payments are a non-taxable event. The parent paying child support is not entitled to any deductions from the payment and the beneficiary spouse does not include the payment as income. It is therefore tax-free money for parents receiving child support.26 USCA 71.
Designation of payments as alimony rather than distribution of property has consequences in the Bankruptcy Proceedings. Alimony awards are generally not waived in Bankruptcy. The link between Family Law, Benefits and Bankruptcy is also beyond the scope of this article. Please consult a Rhode Island Insolvency Lawyer/Lawyer.
Another important issue, perhaps a crucial one, is whether the parties enter into a property settlement agreement in divorce or not. For benefits to be completely irreversible, they must be agreed upon in the Property settlement agreement. Courts do not have the power to change property settlement agreements. Courts can only enforce or interpret property settlement agreements. In the event of impossibility of payment, the Court may grant fair waivers, equitably reforming the contract between the parties. Please contact a Rhode Island Divorce Lawyer regarding whether or not it is advisable to draw up a Property Settlement agreement in your case.
The correct formulation of the Property Settlement Agreement and the provisions of the Benefits in the Property Settlement Agreement is beyond the scope of this article.
The length of marriage is a very important factor to be considered by the Indonesian Family Court Judge in determining Allowances. The Constitutional Court also needs to listen to the statements of the parties requesting the allowances so that they can be independent and independent.
The court can also look at the relative ability of both spouses to earn income and/or acquire assets and property in the future.
If someone is ordered to pay alimony and not pay alimony, another person can file a motion of contempt. If someone is found to have intentionally insulted a Court order, they can be imprisoned until they clear themselves of the insult. A Rhode Island Family Court judge took failure to comply with their alimony order very seriously. If the Benefit award is amended, either party may file a motion to modify the benefit based on a substantial change in circumstances.
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The Supreme Court of Rhode Island licenses all Attorneys / Lawyers in general law practice, but does not license or certify any attorney as an expert or specialist in any field of practice.