(For your convenience, I have prepared this list of “Post Divorce Do’s and Don’ts” that apply to Rhode Island divorces. Some may apply to you and many will not. Please, Please take a few minutes to read this.If you have any questions about this article or need legal help, contact a Rhode Island divorce lawyer) Artilce by David Slepkow 401-437-1100

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Keep accurate records of child support, alimony, or other estate settlement payments. In the event there is a dispute as to whether or not you have made payments, accurate records are important as proof of payment.

If you have an estate settlement agreement on your case, any changes to the estate settlement agreement must be in writing and signed by both parties.

In the event that you do not have an estate settlement agreement and there is only one final judgment in your case, changes can only be made by applying to the court for a modification of the final judgment based on a material change of circumstances.

If your children’s visitation is in dispute, keep accurate records of your visitation documenting dates, times, activities, and/or confrontations with your ex-spouse.

If your ex-spouse receives “welfare” (afdc benefits), then do not make direct payments! You must make the payment to the State of Rhode Island. In the event that your ex-spouse receives welfare and you make payments directly to him/her, these payments will be considered a gift. The State of Rhode Island (RI) will continue to pursue you for child support payments, even though you made the payments directly to your ex-spouse. This means that you will have to make double child support payments.

Do not modify the property liquidation contract by a verbal agreement. ALL changes to a property settlement agreement must be in writing, signed by both parties.

Do not make cash alimony or child support payments without a receipt signed by your ex-spouse.

If you make payments directly to your child or purchase something for your child, these payments will be considered gifts to your child and will not be a child support credit. Therefore, if you want these types of payments to be considered child support, they must be given directly to your spouse as child support.

If there is a restraining order or no contact order in your case, do not contact your ex-spouse without having the restraining order dismissed. Even if your ex-spouse initiates the communication or invites you, he could still be arrested for violating the restraining order. Any type of communication is a violation of the restraining order, including emails, letters, faxes, or voicemail messages. Do not rely on your ex-spouse’s insistence that a restraining order has been dismissed. You should verify with the Clerk of the Rhode Island Family Court that the restraining order has been dismissed.

Important information

If your circumstances change, consider filing a motion to modify alimony right away. This only applies if the alimony is modifiable. If there is an estate settlement agreement that is incorporated into the final judgment that alimony is not modifiable, then the alimony is not modifiable. If there is no property agreement in your case and alimony, then the alimony is probably modifiable upon a substantial change in circumstances. A substantial change in circumstances could be a loss of income, loss of a job or a disability, etc.

A. Child support

Child support does not automatically end when your child turns eighteen (18) years of age. Child support will automatically accrue unless a Motion to Cancel Child Support is filed.

If you are the parent with the physical placement of your child or children and your income decreases significantly or your ex-spouse’s income increases significantly, then you should contact an attorney to file a Motion to Increase Child Support Payments.

If you are the parent without physical placement of your child and your income decreases significantly or your ex-spouse’s income increases significantly, then you should contact an attorney to file a Motion to Reduce Your Child Support Obligation. If you are unable to pay child support due to a change in circumstances, you must file a Motion to Modify Child Support immediately; otherwise, you may be subject to contempt proceedings for failure to pay child support.