Child support contempt in Rhode Island (RI)

If a person violates a Rhode Island Family Court order by not paying child support, the parent with physical custody may file a motion to hold that person in contempt for failure to pay child support.  A person accused of not paying child support has a right to a hearing. The obligor parent has the right to proper notice under the Rhode Island Family Court Rules.

If the person owed child support (the parent with physical placement / custody) is on AFDC Benefits (welfare) than payment may be owed to the state of Rhode Island. In that event, the motion may be initiated by the State of Rhode Island, Child Support Enforcement rather than the father or mother with physical custody of the minor child.

A Child Support contempt proceeding could be part of a Rhode Island divorce, child custody, Complaint for separate Maintenance, dcyf petition, child visitation, paternity or other type of Family Court legal action. If there is a potential for incarceration and a person cannot afford a Rhode Island Family Law lawyer / attorney then the Family Court must insure that the person has an attorney representing him or her. The Judge usually has a list of Court Appointed attorneys who are paid for by the state. Otherwise, the Court will appoint  one of the lawyers from Rhode Island Legal Services to represent the person.

There is often an opportunity to settle the matter prior to any hearing in which a judge may find a person in willful contempt. A settlement typically may include any one of the following or a combination of the following or something different:  the obligor agreeing to remain current, paying a lump sum, a payment plan, staying current in addition to an arrearage order, etc.

In some situations, the parent with physical custody or Child Support enforcement is unwilling to settle the matter and insists on a hearing.

Technical contempt

If a person is found in technical contempt after a hearing, it means that the person has not complied with the child support order. However, the Court believes that the person had a legitimate reason or excuse for failure to pay, such as loss of job (being fired, laid off), decrease in income, disability, injured at work, unable to work, medical problems, or a myriad of other excuses or explanations. The judge also may not accept any of the above stated excuses as justification for failure to pay.

A person found to be in technical contempt will not be sentenced to the Adult Correctional Institution (aci) (jail)! However, the person may be ordered to find employment, raise a lump sum, stay current and / or make payments on the arrearage, pay attorneys fees, make certain lump sum payments, obtain a second job etc.

Most Judges have little patience for people who do not support their children. If the person has an excuse for nonpayment it better be a good one or they may find themselves in Jail. The amount of arrears and the person’s history for compliance or noncompliance is often crucial in a judge’s determination! If a person has a long history of  nonpayment then that person has a much higher likelihood to be held in willful contempt.

The more a person owes the more likelihood that the person will be held in willful contempt.

At a hearing the judge will look at all relevant supporting documentation that has been offered into evidence. The judge will almost always ask what the person can pay at that moment or whether they are able to immediately borrow money from friends or family. The Usual Dialogue is – “how much can you come up with to stay out of Jail and how quickly can you pay?” The RI Family Court judge may also be interested in whether a person has assets that he or she can sell.

If a person’s circumstances change then they need to file a motion to modify or suspend their child support rather then not make the payments! Child support does not automatically modify upon circumstances changing. If a modification is granted then the modification will be retroactive to the date of filing of the motion to modify not the date the circumstances actually changed. This does not mean that a person can unilaterally change their child support when they file a motion. It means that the child support will run retroactive after the Family Court issues an order modifying the child support. Therefore, if a person loses their job, becomes disabled, their hours are reduced or their pay decreases they must immediately file a motion to modify.

Child support can only be changed or modified if a motion is filed and an order enters. In many instances the judge’s response to a person’s plea to not hold them in contempt because they lost their job or their income decreased will be something like: “you should have filed a motion to modify or suspend child support when your circumstances changed rather than not pay.”

 
Willful contempt

A finding of willful contempt means that the judge believes that a person is thumbing their nose at the Court or has no reasonable justification for nonpayment. It could result from the judge not believing that the stated excuse for nonpayment is a justifiable excuse. A finding of willful contempt could also mean the following: 1) the person has the ability to pay and has not made payment 2) the person has not made proper efforts to find suitable employment 3) the person is able to work yet either isn’t working,  is underemployed or not making proper efforts to find employment.

The judge may believe that the contempt is willful because the person is lying, exaggerating his excuse or that the person is not acting in good faith.

If a person is found in willful contempt for not paying Rhode Island child support, the person could be sentenced to the aci from day to day. Contempt sanctions are  technically not criminal proceedings! However, since the sanctions could lead to jail time,  they are quasi criminal proceedings. Contempt proceedings are not  technically criminal because they are intended to compel compliance with child support orders rather then punish for nonpayment!

If a person is sentenced to the aci from day to day, then the judge of the Rhode Island Family court will usually state that upon payment of certain amount the person will be released from jail.  In child support contempt proceedings there is always a ticket out of jail by making a certain payment. A person could be held in willful contempt and not be sentenced to the aci.

Legal Notice per Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.

The best approach to adopt, is to seek the advice of a divorce lawyer. Usually, the first consultation is free, and there are no fees involved. If, during the first consultation, it is determined that hiring a divorce lawyer is the best option to take for the best interests of everyone, then you may go ahead and engage the services of a professional lawyer.

A lawyer practicing family law will be able to advise you on the options available. Not everything has to be settle by the court. There are alternative measures that can be taken to solve some of the problems at hand. Sometimes, your lawyer may even advise you that going to a court of law should be your last line of defense. This is because if the problem has to be presented before a court, there can only be one winner. Someone’s pride will be hurt in the process. It is mostly a win-lose situation.

However, if the issues can be settled with alternative solutions, everyone is happy. In other words, it is more likely to achieve a win-win with alternative measures.

When you take the time to ponder over your divorce issues, you will come to realize that the advice from your divorce lawyer has deep implications. These implications involve your relationships with other members of your family, especially your children. Relationships between parent and child cannot be bought with money. And they are perhaps the most important issue surrounding a divorce. Hence, it is not uncommon to see the majority of time and resources spent on custody issues.

When it comes to child custody, professional lawyers understand that the objective is obtain fair custody. They will provide the necessary information to help make your decisions easier.

When you have firm up your mind, you may then engage your lawyer’s help to execute your plans. For different states, different legal documents may be required. The primary role of your lawyer is to help prepare these documents to initiate your family law matters. If there are other options that you are not aware of, your lawyer will be able to advise you accordingly so that you don’t make the wrong decisions. For example, if you are the father of a child, you have to take action to establish the relationship with the child. Otherwise, parental interest may be lost entirely.

Determine your own needs and communicate them to the divorce lawyer during the first consultation. This will help them come up with a proper legal plan to settle the matters at hand.

How to Resolve Dallas Family Law Matters Peacefully and Quickly

Resolving family law disputes related to divorce, child custody, child protective services, adoption and the like is not easy. Amicable and mutually agreeable resolution of family disputes requires adequate legal knowledge and experience of Dallas family law.. If you are caught up in a family law matter, it is crucial to avail the services of a first-class Dallas family attorney or law firm.

A reputable Dallas family attorney will have thorough knowledge of the legal proceedings that are part of family law. In the capacity of a legal representative, a Dallas family lawyer would help you prepare and submit the necessary legal documents required in the Dallas court, build your case, present it before the judiciary body and achieve a desirable resolution.

Professional and experienced Dallas family firms provide sound legal representation in all types of family law matters. In the case of divorce, your divorce attorney would help you deal with all the issues related to divorce, such as characterization and valuation of marital assets, property division, reimbursement claims, spousal support, child custody and issuance of restraining orders.

Leading Dallas divorce lawyers are trained in all family law approaches namely courtroom litigation, collaborative divorce law, and mediation. Divorce matters are resolved mostly by the parties’ voluntary agreement, through the assistance of a mediator, and at times after a court trial.

Other family law matters resolved by reputable Dallas family lawyers include:

Child custody disputes, including emergency restraining orders, parenting plan development, custody trials, child support and visitation orders, and modification of pre-existing custody and support orders.
Rights of grandparents and extended family members, including advocation for any family members who may have rights to visitation or custody.
Child Protective Services cases, including defence of claims for child abuse or neglect, appeal of CPS abuse findings, home study disputes, foster parent interventions, foster home placement disputes and termination of parental rights defense.
Adoption, including adoptions by step-parents and extended family, agreed adoptions, relinquishment of parental rights and open adoptions.

To take the example of child protective services, if you need to protect your child and yourself from CPS investigation, seek the services of a reputable CPS attorney at a well-regarded Dallas family law firm. Such lawyers have a thorough understanding of the CPS system and know how to create a balance between the interest of CPS workers who are striving for the safety of the child and that of the parents who wish to maintain custody of their offspring.

Schreier & Housewirth is a leading Fort Worth family law firm with over 35 years of experience in Dallas divorce cases and other family law cases related to child custody, child support and property and debt division.

If you are looking for a reputable Dallas divorce lawyer or Dallas family attorney for a speedy and effective resolution of your family dispute, visit www.lawtolife.com and employ the service of the most competent Dallas lawyers.