Blog Posts in 2013

RI Supreme Court Upholds Divorce Health Insurance Agreement

The Rhode Island Supreme Court ruled this week that that an ex-husband cannot escape liability for a ten year old agreement to provide health insurance for his ex-wife. In O'Donnell v. O'Donnell , the ex-husband argued in Newport Family Court that notwithstanding his testimony in Family Court at his divorce hearing about his agreement to provide health insurance to his then wife until she reached ...

RI Supreme Court Upholds Divorce Health Insurance Agreement

The Rhode Island Supreme Court ruled this week that that an ex-husband cannot escape liability for a ten year old agreement to provide health insurance for his ex-wife. In O'Donnell v. O'Donnell , the ex-husband argued in Newport Family Court that notwithstanding his testimony in Family Court at his divorce hearing about his agreement to provide health insurance to his then wife until she reached ...

Robert Parker successful in Rhode Island Supreme Court.

McIntyre Tate LLP partner Rob Parker successfully defended an wife in the Rhode Island Supreme Court in O'Donnell v. O'Donnell , decided November 18, 2013. Ms. O'Donnell sued in Newport Family Court to enforce terms of her property settlement agreement regarding the provision of health insurance, which provided that her ex-husband provide coverage until the age of 65. Nine years after their ...

Deborah M. Tate Esq. Named to R.I. Board of Bar Examiners

McIntyre Tate Esq. attorney Deborah M. Tate Esq. was appointed this week by Rhode Island Supreme Court Chief Judge Paul Suttell to the Board of Bar Examiners for a term expiring in November 2017. A seasoned Family Court practitioner and past Rhode Bar Association president, Ms. Tate will assist the Supreme Court in administering and scoring examinations given to Rhode Island bar applicants.

RI Supreme Court Divorce Decision

After more than seven years of litigation, the Rhode Island Supreme Court handed down a landmark decision on an appeal of a Family Court divorce decision. On June 25, the Supreme Court overturned a trial judge's divorce ruling which awarded a wife a 25% interest in a husband's business (Microfibres) valued at between $106 million and $126 million finding that the lower court erred in 1) not ...

Rhode Island Supreme Court upholds Family Court divorce decision against absent husband

The Rhode Island Supreme Court upheld a Family Court divorce decision granted in favor of a West Warwick woman whose husband resided in France and refused to appear at trial. The Family Court restrained the husband from filing a subsequent divorce proceeding in France. Despite the order, the husband filed for divorce in France while the Rhode Island proceeding was pending. The Family Court judge ...

Rhode Island Supreme Court upholds Family Court divorce decision against absent husband

The Rhode Island Supreme Court upheld a Family Court divorce decision granted in favor of a West Warwick woman whose husband resided in France and refused to appear at trial. The Family Court restrained the husband from filing a subsequent divorce proceeding in France. Despite the order, the husband filed for divorce in France while the Rhode Island proceeding was pending. The Family Court judge ...

Supreme Court uphold DHS medical assistance claim

A recent ruling of the Rhode Island Supreme Court confirmed the priority status of Rhode Island Department of Human Service liens for the payment of nursing home bills through its medical assistance program. In In Re Estate of May Manchester , the estate administrator failed to notify the DHS that an estate has commenced, as required by statute. Several years later when the DHS learned that the ...

Rhode Island Supreme Court upholds child custody decision

The Rhode Island Supreme Court has upheld a Family Court judge's denial of custody and visitation . The father had been convicted for second-degree child abuse. While the conviction was later overturned, the father failed to comply with the trial judge's order that he attend domestic violence counseling and a drug program. The decision can be found by requesting a copy by contacting McIntyre Tate ...

Rhode Island Supreme Court upholds child custody decision

The Rhode Island Supreme Court has upheld a Family Court judge's denial of custody and visitation . The father had been convicted for second-degree child abuse. While the conviction was later overturned, the father failed to comply with the trial judge's order that he attend domestic violence counseling and a drug program. The decision can be found by requesting a copy by contacting McIntyre Tate ...

Nationally alimony laws are being reviewed.

The Wall Street Journal reports about a national trend whereby states are reviewing alimony statutes with a goal of reducing long term alimony benefits for spouses. Last year's radical overhaul of the Massachusetts alimony statute is a leading example of this attempt to curtail what many perceive as an antiquated and paternalist view of spousal support. Originally alimony was based on the premise ...

Nationally alimony laws are being reviewed.

The Wall Street Journal reports about a national trend whereby states are reviewing alimony statutes with a goal of reducing long term alimony benefits for spouses. Last year's radical overhaul of the Massachusetts alimony statute is a leading example of this attempt to curtail what many perceive as an antiquated and paternalist view of spousal support. Originally alimony was based on the premise ...

Adoption case at U.S. Supreme Court

Generally the Supreme Court doesn't hear adoption cases, as most involve matters of state law exclusively. But today April 16, the Court is hearing an adoption dispute involving an American Indian father's attempt to undo the adoption of his infant daughter. Though he had given up his parental rights to the child, he changed his mind after the adoption was final and invoked the federal Indian ...

Deborah M. Tate quoted in Providence Journal

McIntyre Tate LLP attorney Deborah M. Tate was recently quoted in an extensive Providence Journal article on the use of technology and the impact of the internet in divorce proceedings.

McIntyre Tate LLP attorney David Strachman speaks on executing Durable Powers of Attorney for Healthcare

McIntyre Tate LLP attorney David Strachman spoke on April 10, 2013 for the Rhode Island Bar Association on Rhode Island's statutory Durable Power of Attorney for Healthcare. The seminar informed senior citizens about their rights under Rhode Island law, issues to consider when appointing a health care proxy and some of the pitfalls to avoid when executing a Durable Power of Attorney for Healthcare ...

The rights of unmarried couples in Rhode Island

Frequently questions arise about the rights of non-married cohabitants after the break of a relationship. Of course if the parties previously entered a formal agreement about their assets, that document controls. However, when the parties do not have a written agreement, equitable considerations will govern. Rhode Island courts have never permitted an unrelated co-habitant to acquire a legal or ...

The rights of unmarried couples in Rhode Island

Frequently questions arise about the rights of non-married cohabitants after the break of a relationship. Of course if the parties previously entered a formal agreement about their assets, that document controls. However, when the parties do not have a written agreement, equitable considerations will govern. Rhode Island courts have never permitted an unrelated co-habitant to acquire a legal or ...

Obtaining Adoption Records

If you are an adoptee who was born in Rhode Island and you are age 25 or older as of July 1, 2012, you can request a non-certified copy of your original, pre-adoption birth record from the State Office of Vital Records. What You Should Do To Request a Non-Certified Copy of Your Pre-Adoption Birth Record •§ Fill out an application form. •§ Mail the application form to the address listed on the ...

Rhode Island's Voluntary Adoption Registry

For the past twenty years, Rhode Island has maintained a voluntary adoption registry that allows for the registration of adoptions and for individuals to obtain information about registered adoptions. The registry is maintained by the Family Court and is accessable to the public, subject to the applicable laws and court rules. The Family Court website provides: The Family Court is now maintaining ...

RI Supreme Court rules in favor of patient killed by nurse overdose.

Elder law advocates are hailing a recent Rhode Island Supreme Court which overturned a Superior Court's denial of a deceased estate's claim against Health Haven Center of Greenville. The estate alleged that Pearl Archambeault died as a result of a nurse providing a medication overdose to the patient. The nursing home's insurer denied coverage alleging that the nursing home was self-insured for the ...

McIntyre Tate LLP attorney David Strachman speaks on terrorism law

McIntyre Tate LLP attorney David Strachman recently delivered a speech entitled "Suing Terrorists" at the historic Touro Synagogue in Newport as part of its summer lecture series. He spoke about the history of terror victims' attempts to bring terrorists to justice in the United States.

Deborah M. Tate Selected to Bar Register of Preeminent Woman Lawyers.

McIntyre Tate parnter Deborah M. Tate has recenlty been selected for inclusion into the 2013 edition of Martindale-Hubbell's Bar Register of Preeminent Woman Lawyers, a group of exclusive woman attorneys who have received the highest possible raiting in both legal ability and ethical standards from their peers. Less than 5% of woman laywers have been recognized with this disctinction.