The Law Offices of Howe & Garside, LTD.

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(401) 841-5700Visit WebsiteMap & Directions55 Memorial Blvd Ste 5Newport, RI 02840 Write a Review

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The Law Offices of Howe & Garside, LTD.

Divorce
Military pensions are a significant asset of any married couple where one party was a member of the military and that member served for the requisite period of time to earn a military pension. There are specific nuances of the military pensions that should be reviewed and considered in every “military divorce”, as well as rules the military members are required to follow before they find themselves before the family court.

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MobilePhone: (401) 841-5700

Fax: (401) 367-0192

TollFree: (888) 358-8388

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Mediation Wills

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The Law Offices Of Jeremy W Howe Ltd

The Law Offices Of Jeremy W. Howe, Ltd - Newport Ri Divorce Lawyers

Howe Jeremy W

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Phone: (401) 841-5700

Address: 55 Memorial Blvd Ste 5, Newport, RI 02840

Website: http://www.elderlawhousecalls.com

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The Law Offices of Howe & Garside, LTD.

Divorce
Military pensions are a significant asset of any married couple where one party was a member of the military and that member served for the requisite period of time to earn a military pension. There are specific nuances of the military pensions that should be reviewed and considered in every “military divorce”, as well as rules the military members are required to follow before they find themselves before the family court.
Child Support
Pursuant to the Federal Child Support Enforcement Act, Rhode Island has a set of mandatory guidelines for determining the minimum amount of child support that the non-custodial parent will have to pay. Child support is based upon a percentage share of a support amount derived from the gross income for both parties.
Child Custody and Visitation
The Courts look at various factors when deciding what is in the “best interest of the child” when determining matters of custody and visitation. The court must analyze eight factors in its determination...
Adoption
Paternity
“Family Law” can be a confusing term. Most people refer to Family Law as the branch of law that deals with intra-family relations and this includes extended family legal matters. This area of law encompasses such areas as civilian and military divorce, adoption, domestic violence, restraining orders, paternity cases, juvenile law, same-sex agreements, child custody and visitation, child support, spousal support (alimony), grandparent’s rights, legal separation, Property Settlement Agreements, Prenuptial Agreements and enforcement of court orders. In Rhode Island these matters are adjudicated in the Family Court.
Premarital Agreement
Getting married is a beautiful thing, but in the eyes of the law, marriage is little more than an agreement between two people to live together as a family. To protect your assets, you will need to draw up a premarital agreement between yourself and your soon-to-be spouse (who may also have assets that need protection, as well).
Guardianship
When an adult is judged by the Probate Court to be incapable of making informed decisions about health care, residence, finances or association, a guardian will be appointed unless there are less restrictive measures that have been or can be put in place. Incapacity or impairment of an individual is assessed by healthcare providers and documented in a form called the Decision Making Assessment Tool (DMAT). The DMAT and a Petition for Guardianship are filed with the probate court requesting that a guardian be appointed over the person and/or estate.
Spousal Support
In the State of Rhode Island, alimony is the theoretical right to receive support from your spouse. One of the most common questions we receive from clients is how are alimony claims decided upon? The factors a court must consider when deciding whether to award alimony are outlined in RI General Laws §15-5-16.
Legal Separation
The Divorce Lawyers in RI at The Law Offices of Howe & Garside, Ltd. handle cases in all areas of family law including divorce, child custody, child support, mediation, military family law, legal separations

Criminal Defense
I reside in Portsmouth, Rhode Island with my husband Jim and our two children, Jimmy and Lily. Prior to joining the practice, I specialized in criminal law with a focus on DUI Defense. My area of practice is family law, concentrating on divorce, child custody, child support, and visitation. As a current Navy spouse and mother to a child with special needs, I have an interest in exploring issues concerning military family law and special needs law specific to children and young adolescents.
DUI/DWI
Juvenile Crimes
Restraining Order
Rhode Island General Laws, §15-15 Domestic Abuse Protection, defines the role of the Family Court in granting a restraining order between certain individuals. According to RI Gen. Laws §15-15-1, the act at issue must have occurred between present or former family members, parents, stepparents, or persons who are or who have been in a substantive dating or engagement relationship within the past one year in which at least one of the persons is a minor. If a relationship does not exist between the parties to allow for a Family Court Action, a person can petition for a restraining order in the District Court.

Business and Corporate Law

Business Transactions
The August 1996, issue of the ABA Journal bore the headlines “The Lawyer Turns Peacemaker” and the cover summary said: “With mediation emerging as the most popular form or alternative dispute resolution, the quest for common ground could force attorneys to reinterpret everything they do in the future.” The Rhode Island Supreme Court, as of May 20, 1996, adopted Standards for Professional Conduct within the Rhode Island Judicial System. In the preamble, it says that “Judges and lawyers are expected to make a mutual and firm commitment” to the principles enunciated in those standards. Under the sub-heading “Lawyers’ Obligations to Clients:”, item number seven (7) reads: “I will endeavor to achieve my client’s lawful objectives in business transactions and in litigation as expeditiously and economically as possible.” Item number eight (8) reads: “In appropriate cases, I will counsel my client with respect to mediation, arbitration and other alternative methods of resolving disputes.” These two significant messages should speak to all lawyers.

Personal Injury
D4A trusts are also created to hold personal injury or medical malpractice awards received by disabled individuals. Because these individuals are often already recipients of means tested programs like Medicaid or Supplemental Security Income (SSI), or will become recipients of such programs as a result of their injury, a substantial monetary award could very well disqualify them from the receipt of such benefits. It is important to note that although the disabled individual is technically not “in possession” of a personal injury award prior to finalization of the judgment or settlement, he or she is nonetheless the only bona fide legal recipient of the award, and so the D4A Trust is the appropriate recipient of such an award.
Medical Malpractice
Medicaid Planning
Medicaid covers a variety of programs but when we speak of “Medicaid Planning” or “ Nursing Home Planning ” we are most often discussing long-term care. About 49% of all long-term care is financed by Medicaid. Medicaid is a federal-state program and states have wide discretion in how they will administer Medicaid in their state. Rhode Island is an “SSI State”. In RI a person receiving SSI is automatically eligible for Medicaid and the income and resource rules of SSI are used to determine Medicaid eligibility. Other individuals who qualify are “medically needy” individuals. They are allowed to “spend down” excess income for medical expenses to qualify for Medicaid. They can also spend down by paying off debts, paying for services, prepay funeral expenses, pay real estate taxes, purchase an automobile, converting an IRA to a Roth IRA, making home improvements, buying household goods or personal effects.

Trusts and Estates

Estate Planning
You may be wondering what exactly a Providence estate planning attorney can do for you. Your “estate” is the sum of all assets you have accumulated throughout your life. Estate planning dictates how assets will be dispersed after your death. A good estate planning attorney will also include the manor you want financial and medical issues handled in case of incapacitation.
Wills
A testator’s Last Will and Testament, or the Will, is in place to direct to whom assets will be distributed upon the testator’s death and in what form. In the event a person dies without a Will, the assets are not taken by the state, but instead are distributed pursuant to statutory rules of descent. In our office, we have dealt with many situations where estranged family members receive portions of an estate due solely to the fact that their relative did not have a Will.
Trusts
From a life planning standpoint, special needs trusts afford parents and other family members of disabled persons the opportunity to provide the desired level of control over financial assets or other property held for the benefit of the disabled person. The trustee of a special needs trust is given a limited amount of discretion as to how the trust assets are administered for the benefit of the disabled individual, in accordance with the wishes of the person creating the trust (generally a parent, grandparent or sibling of the disabled person). Instead of lifetime gifting or leaving property upon death to a disabled individual, the trust becomes the proper receptacle for all such transfers of property. Designating the trust as the owner of such property also helps to avoid any potential creditor issues the disabled person might have exposure to, and eliminates possible “spendthrift” concerns.
Power of Attorney
Article by Attorney Jeremy Howe about “Durable Power of Attorney” featured in the monthly Elderlaw E-Newsletter, Elder Law News.
Probate

Tax Law
We work with CPA’s regularly within the mediation process and “Collaborative Law” is very similar to our method of helping you through your issues when there are money or tax issues. We utilize a cutting-edge divorce financial system called Family Law Software to organize data, test options, compute tax consequences, and to accurately review future budget projections and asset growth. Finally, the home page for www.Mediate.com will lead you to over 1,200 articles and resources regarding mediation.

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