Christopher E. Heberg, Attorney at Law

06/03/2026

Child support orders are intended to provide financial stability for children after a divorce or separation. However, circumstances often change over time. A parent may lose a job, receive a substantial raise, experience medical issues, or begin spending significantly more time with the child than originally anticipated. When these situations arise, an existing child support order may no longer reflect the family’s current financial reality.

Under Rhode Island law, child support orders can be modified if the Court finds that there has been a “substantial change in circumstances”, but parents must follow the proper legal process in order to initiate an action through the Rhode Island Family Court.



Child Support Does Not Automatically Adjust

One of the most important things parents should understand is that child support orders do not automatically change when circumstances change.

Child support orders are intended to provide financial stability for children after a divorce or separation. However, circumstances often change over time. A pa

05/06/2026

Alimony, often referred to as spousal support, is intended to provide financial stability following a divorce. However, life circumstances rarely remain the same. In Rhode Island, alimony orders are almost never modifiable. This is because the vast majority of people agree to a settlement that includes non-modifiable alimony.

However, if in the unusual circumstance your settlement agreement allows for modifiable Alimony, then generally it can only be modified, or terminated, when there has been a meaningful change in the financial or personal circumstances of either party.

If your divorce is resolved through a contested trial and a Judge issues a decision, then Alimony is always modifiable. However, these types of cases are also infrequent, as the vast majority of litigants resolve their disputes by agreement.

Alimony, often referred to as spousal support, is intended to provide financial stability following a divorce. However, life circumstances rarely remain the sam

04/03/2026

After a divorce or child custody order is in place, one parent may consider relocating for a new job, family support, or a fresh start. However, moving with a child can significantly affect existing custody and parenting time arrangements. In Rhode Island, relocation is not something a parent can simply decide on their own when it impacts the other parent’s rights. Courts closely review these situations to ensure that any proposed move serves the child’s best interests. This article explains how relocation impacts custody and what parents should know before making a move.



Do I Need Permission to Relocate with My Child?

In Rhode Island, a parent generally cannot relocate with a child if the move would interfere with the other parent’s court-ordered parenting time—unless the other parent agrees or the court approves the relocation.

03/02/2026

One of the first questions people ask when considering divorce is how much it will cost. The answer depends on several factors, including whether the divorce is contested or uncontested, whether attorneys are involved, and how complex the financial and parenting issues may be. Understanding the cost of divorce in Rhode Island can help individuals plan ahead and make informed decisions about how to proceed.

What Are the Court Filing Fees for Divorce in Rhode Island?

Every divorce case in Rhode Island requires payment of court filing fees. While the exact amount may change periodically, filing fees are generally a few hundred dollars. Additional administrative costs may include service of process fees (if one spouse must be formally served), fees for certified copies of court documents, or notary costs.

For individuals handling their divorce without legal representation, court filing fees may represent the primary upfront expense.

One of the first questions people ask when considering divorce is how much it will cost. The answer depends on several factors, including whether the divorce is

01/01/2026

The holiday season often brings additional financial strain for families, from gifts and travel to school vacation expenses. For divorced or separated parents in Rhode Island, this time of year can also create confusion about child support responsibilities. Disagreements may arise when one parent assumes holiday expenses should be shared or offset against support payments. Attorney Christopher Heberg regularly helps parents understand their obligations and avoid unnecessary conflict during an already stressful season.

Does Child Support Change During the Holidays?

In Rhode Island, child support obligations remain in effect year-round, including during holidays and school breaks. Court-ordered child support does not automatically increase, decrease, or pause because of added seasonal expenses or changes in parenting schedules.

The holiday season often brings additional financial strain for families, from gifts and travel to school vacation expenses. For divorced or separated parents i

09/18/2025

What Are Marital Assets?

Dividing property is one of the most important parts of any divorce. In Rhode Island, the first step is to identify which assets are considered marital property. Marital assets generally include property acquired by either spouse during the marriage, regardless of who earned the income or whose name is on the title. Because Rhode Island law views marriage as a partnership, both spouses have an interest in the property accumulated during the marriage.

Property Subject to Division

Marital assets in Rhode Island often include real estate, vehicles, bank accounts, retirement plans, pensions, and business interests. Even if only one spouse’s name is listed on a deed or account, the property may still be subject to division if it was acquired during the marriage. Courts also look at debts, including mortgages, credit card balances, and loans, as these must be divided fairly as part of the overall settlement.

What Are Marital Assets? Dividing property is one of the most important parts of any divorce. In Rhode Island, the first step is to identify which assets are

07/11/2025

Court orders relating to child custody, child support, are based on the circumstances that existed at the time of the original order. But as time passes, life can change in ways that make those orders unfair, unworkable, or outdated. In Rhode Island, the law allows either party to seek a modification of these orders when there has been a significant change in circumstances.

For individuals who have gone through divorce or custody proceedings, understanding how and when to revisit a court order is crucial for protecting both personal interests and the well-being of children.



When a Modification May Be Appropriate

The Rhode Island Family Court has the authority to modify an existing order if there is a substantial change in circumstances. This legal standard applies whether you are seeking to revise child custody arrangements, alter child support obligations, or adjust an alimony award.

Court orders relating to child custody, child support, are based on the circumstances that existed at the time of the original order. But as time passes, life

06/11/2025

In many marriages, one spouse serves as the primary breadwinner while the other stays home to raise children or manage the household. When a divorce becomes inevitable, the financially dependent spouse often fears the unknown—especially when the higher-earning partner begins to use money as leverage. Threats to cut off financial support, deny access to joint accounts, or refuse to pay legal fees are not only common but deeply destabilizing. Fortunately, Rhode Island law provides safeguards to help dependent spouses regain control and protect their financial security during divorce.

When Money Becomes a Tool of Coercion

Financial control during divorce can take many forms—canceling credit cards, shutting down bank access, or withholding money for essentials like groceries or childcare. These tactics often leave the dependent spouse feeling trapped and powerless to take legal action.

In many marriages, one spouse serves as the primary breadwinner while the other stays home to raise children or manage the household. When a divorce becomes ine

05/14/2025

Why More Older Couples Are Divorcing

More couples in their 50s, 60s, and even 70s are choosing to end their marriages after decades together. These so-called “gray divorces” or “empty nester divorces” often occur after children have moved out, leaving spouses to reevaluate their relationship and future. For some Rhode Island couples, the absence of shared parenting responsibilities reveals significant emotional or lifestyle differences. While these divorces are often less contentious than those involving young children, they involve distinct legal and financial complexities that must be addressed thoughtfully.

Equitable Division of Property in Rhode Island

Rhode Island is an equitable distribution state, meaning that the family court divides marital property fairly, but not always equally. In long-term marriages, the court typically treats most property acquired during the marriage—regardless of which spouse holds title—as jointly owned.

Why More Older Couples Are Divorcing More couples in their 50s, 60s, and even 70s are choosing to end their marriages after decades together. These so-called

04/03/2025

Being served with divorce papers can be an emotionally overwhelming experience. Whether expected or not, it signals the beginning of a legal process that can have a significant impact on your future. In Rhode Island, being “served” is a formal and essential part of initiating a divorce case. This article explains what it means to be served under Rhode Island law, how the process works, and what steps you should take if you’ve been served.

Understanding Service of Process in a Rhode Island Divorce

“Service of process” is the legal procedure for delivering court documents to an individual involved in a legal action. In the context of divorce in Rhode Island, it refers to the official delivery of a Complaint for Divorce and a Summons to the non-filing spouse (known as the defendant or respondent). This process ensures that the spouse being served is aware of the case and has the opportunity to respond and participate in the proceedings.

Being served with divorce papers can be an emotionally overwhelming experience. Whether expected or not, it signals the beginning of a legal process that can ha