Court Needs To Determine Ability to Pay Arrearage Before Making Order to Pay

Rhode Island Supreme Court overturns Family Court holding that retirement benefits arrearage awarded to spouse in divorce decree be paid within 120 days.   The Court founded its decision on the Family Court’s failure to determine the Plaintiff’s ability to pay.   While the Supreme Court found for the Plaintiff on this issue, it nonetheless left intact the Family Court’s findings that the Respondent should not be denied benefits. Plaintiff choose not to retire when he was eligible, thereby prolonging when Respondent would start receiving the agreed to benefits as part of property settlement reached during divorce proceedings.  See full text of Opinion on Rhode Island Judiciary website .  Michael D. Bloschichak v. Dianne F. Bloschichak, No. 10-182 (February 6, 2012)