What does it mean to be a domiciled inhabitant in a RI or MA divorce proceeding?

Rhode Island and Massachusetts handle divorce petitions very differently, but for the purpose of establishing jurisdiction (the proper court venue and the right to hear your case) both systems operate from the standpoint that at least one of the parties must be a physical resident, or a domiciled inhabitant, of the state in which you are filing.

For instance, if you live in Rhode Island with your spouse, and at least one of you has done so for at least 1 year, then you are eligible to file your divorce petition in the RI Family Court. If you or your spouse has just moved to RI however, and the time that either of you has lived here is less than a year, you will need to either live in RI for a complete year and then file your petition, or file for your divorce in the state where you resided at the time that you were married.

The same rules of residency apply for Massachusetts divorce proceedings, although the structure is a bit different. In order to file a MA divorce petition, you must have been living within the State when the grounds for divorce occured. If you were not living in the state at that time, then either you or your spouse will need to maintain a permanent, physical residence in Massachusetts for one year prior to filing for your divorce.

In both states, there is no requirement that you remain in the state after the filing of your divorce petition; merely that you have lived there for one year beforehand, and live there on the date that you file the petition.


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If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

Child Support, Not Just for Dad’s Anymore

More Women Paying Child Support

At one time in the Family Court system, you would have been hard-pressed to find a father with custody of their children after a divorce. It was almost a carte blanche fact that women, mothers, would end up with custody of the children in any divorce situation. In fact, if a woman didn’t end up with custody, there had to be something drastically wrong with the home environment; because judges loathed taking children from their mothers.

Like everything however, situations and criteria change over the years, and with more women than ever now having to enter the work force along-side their male companions, they are not necessarily the automatic choice anymore for custodial parent of the minor children.

In a sad and ironic twist, women, who entered the work force initially to help support their families when it became obvious that two incomes were needed often just for basic survival, have now eliminated themselves as sole custody winners in the battles for their children by this very behavior.

In the past, it was understood that a man would leave the house, often early in the morning, to work all day, and return late at night. This left him very little time to be available for the child. With the advances of women into careers and the workforce, more and more children were seeing daycare personnel more than they saw their own parents even while their parents were married. Judge’s consider this time constraint now when deciding which parent will have custody of the children.

Additional considerations are also made for the basic criteria of healthy home environment, and financial ability to support the children; though time available to devote to the child’s care has become a major factor in most custody decisions, forcing women to re-evaluate their roles as matriarch of their families and very often having no choice as to be allowed the luxury of choosing their children over their careers, means they no longer can support them financially anyway.

If you are entering into a divorce or custody situation with your spouse or partner, contact Aggressive Legal Services for advice and an appointment.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Lower Interest Rate on Child Support in MA

Child Support Issues

A current decision mandated by Massachusetts lawmakers reduces the interest and penalties on any support arrears owed by non-custodial parents by 50 percent, the article below states.

A unique study performed by the Urban Institute recently discovered that in states where there is no interest or penalty for late payments, support payments increased by six times, compared to those states who do impose penalties showing an increase in arrears instead.
The full release follows below.

Massachusetts' Interest Rate on Late Child Support Reduced 50 Percent

After advocacy from fathers' and family organizations, the Massachusetts Department of Revenue (DOR) is reducing the interest rate for past-due child support by 50 percent. The modification decision was made after a DOR Hearing on Reducing Interest on Overdue Child Support.

At the hearing, members of Fathers and Families, an organization that seeks family court reform to support equal rights and responsibilities for mothers and fathers, presented personal stories and empirical information on the negative effects of interest charges on past-due child support.
Challenging Child Support Interest Rates

One Fathers and Families member, John Natale, questioned why the interest rate was so high when he could refinance his mortgage at 4.65 percent. Another member, Chris Jenson, related that he once fell behind on child support by $375. After making the overdue $375 payment, he still owed $1,240 in interest and penalties, which is more than three times the amount he originally owed.

Hearing attendees also presented information on child support arrearages in states that do and do not charge interest on past-due child support. A 2007 study from the Urban Institute found that arrears in states that did not charge interest on late child support increased by six times from 1987 to 2006. In the same time period, arrears in states that did charge interest increased tenfold. This study demonstrates that charging interest on past-due child support does not reduce arrearages.

A Poverty Problem

The Urban Institute also found that arrearages often exist because the paying parent is in poverty. The organization's investigation revealed that 70 percent of all people in arrears on child support earn less than $10,000 a year. In the current economic downturn with high unemployment rates, it is challenging for some people to make child support payments; adding penalties and charging high interest rates makes it even more difficult.

The lowered interest rate on overdue child support in Massachusetts will help parents pay and catch up on child support. If you have questions about child support or how the interest rate change may affect you, contact a child support attorney in your area.

Copyright at Massachusetts Family Law Group

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Family Court Hearing vs. Trial

Why the Latter is Fading From Use

When someone says they are going to court for their divorce, the instant association is the vision of a trial. Nothing could be further from the reality however, as divorce trials have all but faded into obscurity with the very limited exception of cases where the parties cannot come to agreements over substantial assets, custody issues, alimony, child support or other marital separation situations.

A typical court appearance by the parties to a divorce action is commonly referred to as a hearing, not a trial. The parties in this instance are going before the Judge to have the merits, or circumstances of fact, reviewed by the Court, and a determination made as to an outcome if possible. This is done with a mind toward avoiding divorce trials; which can be very expensive, not to mention time consuming for everyone involved, including the family court system.

It is in the best interest of all parties to any domestic relations action to have at least some basic intent to settle the divorce prior to having to go to trial. And if the parties are unable to reach an equitable solution even after trial, then in most cases the Judge will impose the Court's settlement anyway.

In the Massachusetts Probate and Family Court system, the parties are not even allowed the hearing process until they have completed all aspects of reaching a resolution and discover, and have come to at least a workable settlement agreement between them.

Finally, there is nothing more draining than having to endure the proceeds of a Family Court Divorce trial for everyone involved. However, and in particular, children in these instances do very poorly having to witness their parents continued inability to reach a peaceful conclusion to something that is already causing them substantial pain.

Remember to seek the advice and counsel of a qualified domestic relations and family court attorney prior to taking any legal action on your own in the RI Family Court.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.