Legal Question in Family Law in Rhode Island

legal separation, child visitation and relocation

My daughter and her husband have decided to legally separate. They share 2 children and my daughter wishes to move to Florida but her husband has issues with her moving so far away from the children. He also stated that if they divorce he's not going to pay child support but just provide for them as needed. What can she do to be able to move with no problems and what can she do for child support?

Worried Mom.


Asked on 3/23/07, 12:32 pm

1 Answer from Attorneys

Jules D'Alessandro D'Alessandro & Wright

Re: legal separation, child visitation and relocation

I am always amazed at the father that thinks that he will not be paying child support. This notion lies somewhere between ridiculous and stupid. All non-custodial parents pay child support in the amount as calculated pursuant to child support guidelines. No matter how many times and how many excuses I have heard, eventually the non-custodial parent always has to pay. Failure to pay will result in tax refund, civil judgment and/or insurance settlement interception, pay check garnishment and sometimes incarceration. You do not have to worry about child support as long as your daughter retains a good attorney to pursue this for her.

Relocation to Florida is an issue that really requires a good attorney well versed in family law. Judges are not always eager to see the children taken out of the jurisdiction where they were born, where extended family lives and where they have been going to school. The standard in Rhode Island is always �what is in the best interest of the children�. If the mother can get a better job in the state of Florida, provide a better lifestyle for the children and there is also extended family there those factors will all be considered. Simply moving to try to get away from the father will not be an acceptable reason. Finally, while child support will be ordered, collecting it in one state from another can be a very time consuming and frustrating ordeal. Unfortunately the ordeal continues the youngest child turns 18 years old.

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Answered on 3/23/07, 2:56 pm


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