Academic Disciplines: Law and Justice as Your Future Subjects

No man is above the law and no man is below it; nor do we ask any man’s permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor.

Theodore Roosevelt

Well, law is one of the oldest and greatest creations of people which can be admired or hated, but it can be never violated. The first written mentioning of laws can be found in Ancient Egypt in the 3000 BC. Of course, modern law is much multifaceted than those first ancient laws. However, ancient people considered many legal issues concerning various crimes: murders, robbery, etc. Thus, such professions as lawyers, prosecutors may be placed in the range of the oldest ones. In spite of the long history, law as an academic discipline started its existence quite recently, a few centuries ago.

In terms of this discipline you may study such branches as constitutional law, criminal law, administrative law, international law, property law, labor law, family law, immigration law, etc. Each branch of this academic discipline deals with various issues. Law students study numerous laws, consider different cases and learn to interpret laws. What features of character and skills you may need if you decide to study this academic discipline?

You should develop your analytical skills. Your future career presupposes deep analysis and drawing the correct conclusions. 
You should train your memory. You will have to learn and remember numerous laws to be able to solve cases.
You must be very attentive. You cannot afford missing any detail, anything at all, even if it may seem a trifle thing. Such “trifles” may define further lives of many people.
If you want to study international law, you may need to learn several (at least one) foreign language.
The last thing, but the most important, is to remember that you must stay calm, objective and impartial.

Overtime And Child Support In Rhode Island

What if my child’s parent works overtime? Will overtime be included in child support in Rhode Island?

There is no standard law or rule in Rhode Island  (RI) regarding whether or not the non-possessory parent’s overtime will be used to calculate child support. One Judge in Rhode Island  Family Court consistently rules that overtime compensation cannot be used to calculate child support. Please call Rhode Island Child Support Lawyer, David Slepkow 401-437-1100.

Other Judges in Rhode Island have different opinions regarding overtime. The Family Court is a court of equity and fairness. Judges in Rhode Island will typically look at whether or not a person consistently works overtime over a substantial period of time. Judges may also look at whether or not overtime is consistently offered to a spouse.
 

If overtime is infrequent or not typically offered, Judges may be hesitant to calculate overtime as a factor of child support. In that case, many attorneys argue that a person’s income should be calculated using their W2 or gross income for the entire calendar year. By calculating gross income over an entire calendar year even infrequent overtime becomes an element of child support.   Judges may also look at other factors such as the needs and expenses of both parties and any extraordinary expenses for the child.

At least one Judge has suggested that the possessory parent get a percentage of the overtime that is worked by the non-possessory parent.  That Judge suggested that a third of the overtime be used for child support purposes,1/3 for taxes and 1/3 for the person who worked the overtime. Many Judges in Rhode Island (RI) believe that overtime should always be a factor in determining child support. Often the issue of overtime is negotiated by the Family Law lawyers / Attorneys prior to any formal ruling by the Judge.

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

  Please consult with a Rhode Island Divorce, Family Law lawyer or Child Support Attorney.  

Cost of Legal Separation or Divorce

Legal subjects have variable fees particularly when it comes with diverse levels of experience and hourly costs. This begs a veer of questions. How would you hire an attorney? And how do you know if an attorney is worth his or her price? This article discusses these questions and will help you to get some tips.
Do you need to hire Divorce lawyer in long island?

In case of divorce, you no need to hire a lawyer always. Perhaps you will be able to work with your spouse, go with mediation and save money. Mediation is cost effective, but always not possible. If your spouse is reluctant to negotiate and hired a Long Island divorce lawyer, you will also need to do so too. A lawyer is precious in protecting your rights in case of divorce. And when your assets; your children and your funds are on the block, an experienced divorce lawyer is essential.
How to hire a divorce lawyer

You will come across many law firms, but make sure to search nearby. This will help you to consult with your divorce attorney when required. It also makes certain that the lawyer also has experience in local courts. Most Of the attorneys offer you free consultations and may review your case also, so you can get in touch with 5-10 attorneys to look over their skills make a decision.

Cost to hire a divorce attorney

An experienced and qualified divorce attorney is precious and some time you may not be capable of affording their rates, particularly if the case is hard and complicated. They lawyer may ask you to pay 0 to 0 per hour and that may be beyond your range. Ask your lawyer to split your case into small discrete periods and to charge a fixed fee for each period of your case.  Or else you may also ask your attorney to give you a bid for the next period of your case.  If you think the bid is logical, go ahead and accept it.  If not, think to hire a new attorney.

Are you overcharged?

Regrettably, some of the divorce attorneys will charge high. Conversely some charges low but spend a little time for your case. A first-rate divorce attorney saves your time and money. So always remember how much can save and gain paying for a professional legal representative.

Search for competent lawyers and renowned law firms practicing in Long Island. Get enlisted in 800 Long Island Lawyers directory and get in touch with entities looking for legal aid and assistance.

Changing Washington State Child Support Orders

As the circumstances of parent’s and children’s lives change, there may be a need to modify a Washington State child support order to best serve the interests of children. For example, children may change schools, get involved in activities, or seek tutoring. Parents may change health care providers, suffer a decrease in income, or get married.

An order of child support that has been in effect for less than one year may not be modified except upon a showing of a substantial change of circumstances. However, if a year or more has passed, a party may modify a Washington State child support order without a showing of a substantial change in circumstances if one of the following factors exists:

-Where the current order of child support works a severe economic hardship on either party or the child;

-Where the age of a child being supported under the current order has changed to a different category; or,

-Where the child is still in high school and there is a need to extend support beyond the child’s eighteenth birthday to complete high school.

Furthermore, Washington State family law requires the use of mandatory forms for child support modification, which can be found at Washington State child support attorneys forms.

All Washington State child support orders may be modified once every twenty-four months based upon changes in the income of the parents without a showing of substantially changed circumstances. Either party may initiate the modification by filing a petition and child support worksheets with the court.

Washington State Child Support Lawyers

As with all family law issues, there are many factors to consider in modifying a Washington State child support order. A McKinley Irvin attorney should be consulted to better inform a parent of his or her rights and obligations concerning Washington State child support. For example, in some cases verifying income for a party may be difficult, or there may be expenses for which the primary residential parent is entitled to reimbursement that is not addressed in the current order. There are other technical matters that a competent Washington State child support attorney can deal with such as whether Washington State has jurisdiction over a particular case.

For specific statutory language regarding child support modifications in Washington State please refer to RCW 26.09.170: Modification of decree for maintenance or support, property disposition — Termination of maintenance obligation and child support — Grounds.

Child Support Florida From Marisol Rodriguez Basulto, PA

Marisol Rodriguez Basulto, PA is a law firm in Miami Lakes, Florida focusing on various areas of law. Miami Lakes Family Law Attorneys of Marisol Rodriguez Basulto, PA pursue cases of Family Law, Child Custody, and Child Support in Miami Lakes Florida. Their areas of practice include Family Law, Child Custody, Child Support, Dependency and Post Judgment and Divorce. Marisol Rodriguez Basulto, P.A. practices family law, which involves the legal aspects of the relationships between husbands and wives, as well as other family relationships, including domestic partnerships.

In Florida, both parents have a duty to support their children during the marriage and after divorce. After divorce, an award of child support from one parent to the other enforces that duty. Marisol Rodriguez Basulto is an experienced Family Law, Child Custody, and Child Support FloridaM attorney practicing from the Miami Lakes office. Every child has the right to financial and medical support from both parents. Their goal is to assure families receive the child support they need and deserve. The services they provide include locating parents, establishing paternity, and establishing, enforcing and modifying support orders. Their services are available if a parent lives in another state or country. They do not establish or enforce visitation or custody. Child support is one of the most contentious issues in family law, and Florida child support issues are no exception. When dealing with Florida child support, it is best if you have a good Florida child support attorney to help you. But there are also some things which you can and need to know right up front about child support in Florida, and the Florida child support laws. While many people don’t realize it, most state child support laws are fairly fixed, and they don’t take into account such things as what your or your ex’s actual child-related expenses are. They provide a number of services to families that need assistance with child support throughout Florida. They assist you with applying for court-ordered child support. You must have a child support order through the courts for child support payments to be a legal obligation. It is their goal to get both parents to agree to the amount of child support based on state guidelines that are in place to help determine appropriate amounts of child support. If you have any problem regarding a divorce matter, including child custody or support obligations, or with any other issue arising from a family relationship, then Marisol Rodriguez Basulto, P.A. is available for a consultation with one of their experienced family law attorneys.

Filing NJ Divorce and Legal Separation Papers: Top 3 Mistakes. Morris Somerset Union SussexCounty

3. Not understanding the implications of the date you file the Complaint for Divorce.
People often put little thought into the date that they file the Complaint for Divorce; however, the date you file is important. For example, if your spouse continues to contribute to a 401K plan after the filing of the Complaint for Divorce, then you, the non-contributing party, will lose any share of your interest in the post-filing contributions. The post-filing contributions to the 401K asset are now exempt from distribution. In other words, the filing date of the Complaint for Divorce fixes a cut-off date for equitable distribution of the 401K. You should discuss the specifics of your divorce with an experienced NJ divorce lawyer to determine what assets in your divorce will be exempt upon the filing of the Complaint and which will not.
Once you have made the difficult decision to file for divorce, it is critically important that you retain a New Jersey Certified Matrimonial Attorney. A lawyer who is Certified by the Supreme Court of New Jersey as a Matrimonial Attorney not only has vast experience, but also superior State mandated credentials. Also, if the attorney offers a free initial consultation, take the time to talk with them to make sure you would feel comfortable working with them.
To help educate you about the New Jersey (NJ) divorce and legal separation process, I have created one of the most comprehensive web-sites on the internet related to divorce and family law matters. For additional articles about this topic or to download a free copy of my divorce guide, visit my web-site at

Questions to Ask Before Hiring a Family Law Attorney

Do you need legal help to solve a family issue? Hiring a family lawyer is a crucial decision and it needs a few considerations. Before you hire a family law attorney make sure you are choosing the right person to handle your case. Take some time to interview the attorney. Here are a few categories of interview questions that you can ask the family law attorney.

Experience: The most relevant thing would be experience. Ask the lawyer whether he or specializes in family law. Check what types of cases he or she had handled previously. See how many years the lawyer has been into practice. Is there any case that the lawyer has successfully settled out of court? Does the lawyer have courtroom experience? Is your case unique to the lawyer or he or she has got experience of handling similar cases.  

Logistics: Asking questions about logistics is equally important. You should ask whether the lawyer is going to handle your case personally. Make sure that he or she is willing to invest enough time in your case.

Payment: Lawyers charge a good deal of money for their service but the bad news is that often there are hidden costs which people don’t understand initially. Ask your lawyer whether there is any hidden cost like filing fees, traveling fess or additional costs related to documents, photocopies etc. Ask the attorney whether you need to pay any extra charge if the lawyer brings his or her assistants for help.

Communication: This is another important area to consider. After the first meeting you should ask when you can expect to hear from your lawyer. It is crucial to know how you are going to get updates of your case. You should also know the preferred way of communication of your lawyer, whether you should call him up, send him e-mail or fax him.

Correspondence: You should ask your lawyer to send you the copies of all correspondence that are related to your case. Ask your lawyer whether you are going to get them through traditional mail or electronically.

Collaboration: This is another crucial area to focus on. You should know whether the lawyer works from a collaborative point of view. This will help you to understand whether you are selecting the right person.

Expectations: It is not that the client alone expects things from the lawyer it is also vice versa. A lawyer also expects several things from the client. Whether the lawyer will win the case depends a lot on the co-operation of the client. So ask your client what he or she expects from you.

Some of the family laws vary depending on the state. Therefore you should always hire a local attorney. For example if you live in Dallas you should hire a Dallas family law attorney to handle your case.

Theft, Non-fatal Offences, Criminal Law Elements of Proof

THEFT AND NON-FATAL OFFENCES, STATUTORY AND COMMON-LAW PROOF IN CRIMINAL LAW CASES

> Theft and Related Offences

Theft says s.1 Theft Act 1968 is the dishonest appropriation of another’s property with the intention to deprive the other of it permanently. The actus-reus of it is in s. 3 ‘appropriation’ (‘any assumption of an owner’s right’) as can be changing price-labels to pay less: R -v- Morris 1983, or such ‘borrowing’ of a season-ticket in a way as makes it of no or little value: R -v- Llyod 1985 (‘property’ being, s.4, all property including money and things in action, but physical things as paper and not abstract things as knowledge copied from it: Oxford -v- Moss 1979, limitedly on wild-growing plants [unless uprooted] and on flowers-fruits-leaves [unless for sale]; ‘belonging to another’ is by another owned or in lawful possession or control of another, e.g. taking without payment from repairer: R -v- Turner 1971). The mens-rea of it is ‘dishonestly’ in s. 2 (defined in terms of: s. 2(1)(a) unless s/he believes it right in law to do so or s. 2(1)(b) that the owner in the circumstances would consent if knew or s. 2(1)(c) that the owner could not by reasonable steps be discovered), regarded as a two-stage test of ordinary standard of reasonable man and knowledge of it: R -v- Feely 1968 & R -v- Gosh 198; also ‘intention to permanently deprive’ as in Lloyd.

The Theft Acts provide also for other offences.

Obtaining property by deception is in s. 15 of the ’68 Act , as theft but ‘by any deception’ -by false words or tricky behaviour: R -v- Bernard 1837 (pretending as business inducing investment & supply of goods) R -v- Gomez 1993 (unentitledly in Salvation Army uniform collecting money).

Obtaining services by deception is s. 1 of the ’78 Act -it is as for property in the earlier Act.

Evading liability in s. 2 of the ’78 Act is the offence of similarly avoiding e.g. debts.

Making off without payment (‘bilking’) is s. 3 of the ’78 Act ~e.g. restaurant -without paying.

Robbery is s. 8 enabling theft by force or such threats, at the time or before, as would put in fear another of there and then being subjected to it ~theft with assault or battery -max.: life.

Burglary in s. 9 is mostly by trespass -by unauthorised entry to or to any part of any building (including caravans & house-boats lived in), s. 9(1)(a) ‘intending to steal or inflict grievous bodily harm or raping any person within it, or doing unlawful damage to it or anything within it as a trespasser,’ s. 9(1)(b) or upon entry as trespasser without such intention doing or attempting so ~it is can be tried by Magistrates -by a Crown Court if involves the intention to rape or cause grievous bodily harm

Taking a conveyance without consent is s. 12, taking, driving or being in, any thing constructed for carrying people by land, water, or air (except pedal cycles) ~it is a summary offence, normally, with max. 6 month imprisonment -unless aggravated by dangerous driving, or damage to it, or accident causing injury or damage (in the Criminal Damage Act 1971 ‘reasonable careful person test’ applies).

> Non-fatal Offences Against the Person

Non-fatal offences against the person are in part common law offences, and in part by statute; and, in order of seriousness, they are as follows:-

In Smith -v-Chief Superintendent of Woking Police Station 1983 entering a garden at night, by looking through a bedroom window terrifying a woman was an offence under s. 4 Vagrancy Act 1824 ~if intending to assault -words alone are not normally enough.

Assault is causing apprehension of immediate unlawful physical violence intentionally or recklessly -its charged under s.39 Criminal Justice Act 1998. Threats not capable of being carried out do not constitute it.

Battery is the intentional or reckless subjecting of another to unlawful force; and, as in the case of hitting one wit a missile, it need not be coupled by assault. This also is in common-law, charged under s.39 of the Criminal Justice Act 1998.

In both of these offences the mens-rea is intention: R -v- Spratt 1990, or by subjective recklessness: R -v- Savage 1991 was deliberate unreasonable risk taking, and R-v- Parmenter 1991: not if the risk is obvious but if malice was involved. While both the actus-reus and the mens-rea must exit at the same time, the mens-rea can be formed in the course of the actus-reus: Fagan -v- Metropolitan Police Commission 1969 -having accidentally driven car on policeman’s foot, refusing to move car when told had formed it

Satisfactory evidence of consent is a defence: R -v- Donovan 1934 (prostitute beaten by a stick for sexual gratification), if the offence is not a more serious one.

Assault Occasioning Actual Bodily Harm is a s. 47 offence and it is when battery, alone or coupled with common law assault, the statutory ‘assault’ of the Act is so serious that it is likely to interfere with the victim’s health and comfort -without cutting the whole skin, physically such as grazing and concussion: R -v- Roberts 1971, or: R -v- Chan & Fook 1994 as nervous shock in psychiatric terms: R -v- Ireland & R -v- Burstow 1997 (a direct physical attack is not a requirement, also e.g. silent telephone calls may constitute the offence of causing actual bodily harm. Its actus-reus is itself as the consequence by the ‘but for’ test, the objective test; it requires this to be coupled with the mens-rea in the form of intention or subjective recklessness: Roberts (where intentionally or subjectively recklessly there was unlawful force, which objectively occasioned the bodily harm). In Donovan consent was not a defence because actual bodily harm was caused ~the nature and the degree of the injury itself being the decisive factor in whether common assault was the offence involved -to which only it is a defence, or actual bodily harm or greater..

Unlawful Wounding is a s. 20 offence, and it is by any means unlawfully and maliciously wounding or inflicting grievous bodily harm. In the actus-reus the ‘wound’ is other than a broken collarbone: R -v- Wood 1830 or internal bleeding: JJC -v- Eisonhower 1983; it need not be serious. But ‘grievous bodily harm’ must be serious -although not necessarily permanent or life threatening, nor by a direct attack: R -v- Martin 1881. The mens-rea of it is ‘maliciously’ (intention or subjective recklessness) which applied as transferred malice in intended hitting in R -v- Latimer 1886; but in R -v- Parmenter where ‘neither could have intended nor realised injury’, and consent here too was no defence in R -v- Brown & Others 1993.

Wounding with Intent is s. 18, the most serious of the Act’s offences. It is ‘unlawfully and maliciously by any means whatsoever to wound or cause grievous bodily harm… with intent to do some grievous bodily harm.. or to resist or prevent the lawful apprehension or detaining… of any person’; its actus-reus is as for unlawful wounding, but its mens-rea is the intention to commit the crime, and proof of that is required, but it can be reduced to and dealt with as ‘unlawful wounding’ based on subjective recklessness: R -v- Constanza 1996 : it can be stalking and if silent telephone calls cause mental anguish as in R -v- Gelder 1944.

Assault occasioning actual bodily harm and unlawful wounding carry a maximum sentence of five years imprisonment, but wounding with intent carries, as maximum, life imprisonment.

> The General Elements That Must be Proved Before Establishing Criminal Liability

These have to be looked at first, in considering whether any offences may have been committed. Some of these are statute-based and some under common-law, their development having been much affected by such pressures as economic, social, and political. Usually specific are the features of each crime, but there are some common elements.

One is innocent until ad unless found in law not to be -except in strict-liability cases; this requires showing both that a guilty act was done, as well as that it was intentionally done.

Actus-reus is the criminal act: e.g., s. 1 of the Theft Act 1968 ‘dishonest appropriation’; or the criminal omission: e.g., s. 6 Road Traffic Act 1988 ‘fails to provide a specimen’; or a criminal a state of affairs or event: e.g., in Winzar -v- Chief Constable of Kent 1983 the charge of ‘found drunk in the highway’; or the criminal consequence: e.g., s. 47 Offences Against the Person Act 1861 ‘occasioning actual bodily harm’-which is a ‘result crime’ necessitating showing a casual link in fact or in law.

Causation in fact is determined by the ‘but for test’. In R -v- White 1910 the mother’s death having been from natural causes, poisoning her was not the cause, and it not killing.

Causation of law depend on the contribution of the intervening act. R -v- Roberts 1972 injury of jumping out the car was caused by sexual advances made to the woman in the car; in R -v- Pitts 1842 drowning was caused while escaping from an attack; R -v- Lewis 1970 broken leg resulted from escaping threats and attempt of violence; the reasonable act of the victim in seeking to escape being subjected to a crime was the link. Contributory negligence of the victim in R -v- Holland 1841 (self neglect) did not break the link, in R -v- Deer 1996 was still the significant operative in the death -it was killing, a thyroid condition unknown to the accused at the time did not change the ‘egg-shell skull rule’ and one took one’s victim as one found the victim -and R-v- Blaue 1975 (refusal of blood-transfusion on religious grounds) this applies also in respect to the spiritual condition of the victim. The sole cause of death need not be the act or the omission and in R -v- Pagett 1983 the ‘instinctive’ fatal shooting by a policeman of a human-shield was unlawful killing of the accused who had ‘substantially’ caused it; while some reluctance was shown by the courts in treating intervening medical treatment as breaking the link and in R -v- Smith 1959 as much as by 75% reduction of it by that did not break the link, in R -v- Jordan 1956 palpably wrong medical treatment was the direct and the immediate cause of death, from R -v- Cheshire 1991 it is clear that the link can be broken.

Mens-rea is the fault-level of the accused in the act or mission; it is often included in the definition of serious crimes e.g., ‘with malice aforethought’; it is ‘the guilty mind’ by intention, recklessness, or gross-negligence.

Intention, for most serious crimes, has to be specifically shown, by a subjective test deemed by the jury to have been present, R -v- Moloney 1985: in the form of foresight of, R -v- Hancock & Shankland 1986: the probable consequences, wilfully and deliberately carried out ~or in R -v- Nadrick 1988 with virtual certainty of the probable consequences -which may be intention: Scalley 1955.

Recklessness in ss. 47, 20, 23 Offences Against the Person Act 1861 (actual bodily harm, grievous bodily harm, rape) show basic intention; it can be subjective: leaking ripped off gas-meter killed in R -v- Cunningham 1957; or objective: R -v- Caldwell 1981 (arson by drunk) -s1(2) Criminal Damage Act 1971: as to whether life would be endangered.

Negligence can be mens-rea in non-strict-liability offences of e.g. Factories Act 1961 -but only as a last resort; but gross negligence, often, is sufficient mens-rea in homicide cases: Adomako 1994

Strict liability does not require mens-rea e.g. Food & Drugs Act 1995 -in Meah -v- Roberts 1977 of the unfitness of drink for human consumption the accused was innocent yet still guilty ~but in Warner -v- Metropolitan Police Commissioner 1969 (dangerous drugs case) ‘one cannot be in possession the contents of a package when he/she does not know what it is’.

These are an outline as guidelines; laws change, always ascertain current law.

Child Support Contempt in Rhode Island (RI) By a Family and Divorce Law Attorney

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.

Personal Injury Lawyer NY – An Expert Assistance during Tough Situation!

Any type of the injury causes lots of trauma and the discomfort to the person who actually experiences it. One can’t do anything about it except getting the right kind of the justice in the end. A person suffers just because of another person’s negligent behavior. Though, with the correct assistance from a Personal Injury Lawyer NY, a person can surely regain the lost hope through filing the lawsuit against the negligent person. With the help of the lawyer, you will be able to get your compensation and meanwhile the processes of your recuperating from the injury will continue.

The various kinds of the personal injury generally include some medical negligence from any medical professional, accident and also the larceny in the premises. Before hiring the Personal Injury Lawyer NY you should search for the professionals who have enough experience to handle your type of case. It is advisable for discussing your personal injury case with the person who may possess the correct skills and are not amateurs. The experienced and expert personal injury lawyer will be able to offer their information on the laws created in the past as well as recent created laws. These lawyers will be able to execute your case and work in a perfect order.

If unfortunately you or any of your relative has been the victim of personal injury, then you should contact a personal injury lawyer as soon as possible. The lawyer will help you in giving the advice about different methods and ways which can be used for attaining your claim. You deserve the appropriate compensation from the guilty person because you suffered the loss in that particular mishap. The Personal Injury Lawyer NY can also help the person who is living in any of the other state in the US.

The Personal Injury Lawyer NY is an experienced campaigner for managing the lawsuit matters. And, if you are hiring the services of the personal injury lawyer, then it will surely give you positive results as compared to the public prosecutor for these types of the cases. You always have the option of selecting the best personal injury lawyer from various lawyers who will help in guiding you with the appropriate legal pathway for moving ahead in your particular case.

Apart from this, the personal injury lawyer will be giving you the right amount of attention and will handle only your case at a given point of time. The personal injury lawyer will also help in informing you about the possibilities of the trouble which you may face while the proceedings of your case.

Before you choose the Personal Injury Lawyer NY for your lawsuit, you should do a thorough research about the background of the lawyer. You can do that by contacting their previous clients for the similar cases and compare the success from the other lawyers. One can also find the personal injury lawyer through the yellow pages, and the internet services. Moreover, it is advisable for hiring the lawyer with proper consultation with your relatives or friends.