FAQs

BANKRUPTCY

Q: Why should I file a bankruptcy petition?
A. There are a number of different reasons to file a bankruptcy petition. One reason is that you are going to lose your home in a foreclosure action. Other reasons may include wage garnishment, court judgments, or credit card obligations.

Q: Do I have to go to Court?
A. You do not have to go into a court room with a judge, but you must attend a Creditors meeting held in Providence and overseen by a Trustee.

Q: Where is the creditors meeting held?
A: The creditors meeting is held at 10 Dorrance Street in Providence, Rhode Island.
Click here for directions.

Q: How much are the filing fees?
A: The filing fee for a Chapter 7 Bankruptcy is $299.00; the filing fee for a Chapter 13 Bankruptcy is $274.00.


FAMILY COURT

Q: What does sole custody mean?
A: Sole custody is one parent having all the decision making power concerning the minor child (i.e., educational, medical, etc.).

Q: What is joint custody?
A: Joint custody is both parents having an equal say in the decision making process for the minor child.

Q: How long must I or my spouse live in Rhode Island before filing for divorce?
A: One party or the other must reside in Rhode Island for one (1) year prior to the filing of a divorce action in this State.

Q: How is child support determined?
A: Child support is determined by using the parties' gross income and then applying a standard guideline worksheet. Certain well-recognized expenses like health insurance premiums may be deducted from a party's gross income.

Q: What is child support garnishment?
A: Garnishment is a process by which the payor of child support has the ordered support deducted from his or her paycheck.

Q: Is there an advantage to being the Plaintiff in a divorce action?
A: There can be one advantage to being the Plaintiff if your case requires a trial. The Plaintiff would put his or her case on first and dictate the order of witnesses and introduction of evidence.

Q: What is mediation?
A: Mediation is an informal out of court process to solve differences. Family Court also offers mediation. Mediation is not arbitration or marriage counseling.

For additional information, please contact Heitke Law Office, LLC at (401)-567-0219.

 

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