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Questions Answered by Carl P. DeLuca
1 Answer | Asked in Car Accidents for Rhode Island on
Q: i was at a stop sign at a intersec. both lanes stopped to let me cross. a car passed the car on the rh leting me out ?

both lanes of travel stopped to let me out at a 4 way intersection. left to me an to right the other vehicle went into brakedown lane passing 2 stopped vehicles to the right of me on the right side and hit mine. no cars was turning both lanes of travel was stopped letting me cross it is a 2 way... Read more »

Carl P. DeLuca
Carl P. DeLuca answered on Jul 22, 2021

Initially, the auto insurance companies may determine that the other vehicle had the right of way because that's the way they think, but there is Rhode Island case law stating that if the car ahead of you stops for something you have a duty to determine why before proceeding. The fact that... Read more »

2 Answers | Asked in Trademark for Rhode Island on
Q: Is it legal to be using my name in a trademark store Jerris Apparel?
Carl P. DeLuca
Carl P. DeLuca answered on Jun 30, 2021

Could you clarify that question? I'm not sure what you're asking.

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2 Answers | Asked in Child Support, Divorce and Family Law for Rhode Island on
Q: My son turns 18 this month in NH while I reside in RI. Ex-wife is claiming to take me to court to extend the support.

My two sons, (18,16) reside with their mother and I pay support for both. Son is turning 18 and she has been advised by the state that his part will be ending. She now wants to take me back to court to ask for more support for our 16 yr old to try and compensate. Can she do this and if so, how much... Read more »

Carl P. DeLuca
Carl P. DeLuca answered on Jun 25, 2021

Unless the child support order that you currently have was separated into two amounts, one for each child, you are going to want it to be modified because that order won't be reduced to an amount appropriate to one child on its own. Either parent can move to modify based on a change of... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Rhode Island on
Q: If me and my girlfriend don’t live together, I live in apartment upstairs and my girlfriend lives in apartment downstair

And we have a son together will court make me pay child support even thou we’re together in a relationship???? Why would we need to go to court if we’re together just because living upstairs n down stairs apartment...

Carl P. DeLuca
Carl P. DeLuca answered on May 10, 2021

If you're in a separate household the Rhode Island Family Court could order you to pay child support. Usually, it's because the other parent or the state on behalf of the other parent is requesting it.

1 Answer | Asked in Family Law and Child Custody for Rhode Island on
Q: Can I request being assigned the custodial parent since I am able to provide for my daughter without state assistance?

The mother of my child is on state help (section 8/neighborhood health etc.). The state of RI on her behalf came after me to provide the health insurance for the child through my job, which I did. Now the child support was never adjusted taking insurance into consideration. Am I able to have the... Read more »

Carl P. DeLuca
Carl P. DeLuca answered on May 8, 2021

I don't think the state will do that for you but you can ask the Rhode Island Family Court to make the change in placement and they will do so if it is in the best interests of the child. In addition, if you have the child half the time or close to half the time, you could ask the court to use... Read more »

1 Answer | Asked in Family Law for Rhode Island on
Q: I have physical custody of my 5yr old son in RI. Father who lives in Mass also wants physical custody. Can he do that?

He said my son said he doesnt want to live with me. I admit, I am not the fun parent but I have taken care of my son these last 5 yrs with out any help from his father and his father sees him whenever. Sometimes as much as 3 weeks will pass with out him seeing his father. He thinks I have ruined... Read more »

Carl P. DeLuca
Carl P. DeLuca answered on May 8, 2021

I think you have to be careful in these situations because you can get dragged into court in MA if you don't act first in Rhode Island. You can still get dragged into court in MA if you file in Rhode Island, but if you can establish to a judge in Rhode Island that your son is living here then... Read more »

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