Dividing up the marital property in divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Everyone going through a divorce in the State of Florida hears from their lawyers that assets and debts of the marriage have to be equitably divided.

What exactly does that mean?  “Equitable” distribution does not necessarily mean “equal”.  Divorce court in Florida is a court of equity, meaning “fairness”.   So if a husband has a gambling addiction, the wife should not also suffer in divorce by receiving exactly one half of what is left, since the husband already squandered a portion of the marital estate during the marriage.  His “dissipation” of marital assets will be considered and the wife may receive more than one half of what is left to achieve “fairness” or “equitable” distribution of the remaining assets.

“Partial equitable distribution” is another theme in divorce court, where the parties have many assets of the marriage.  One or both spouses ask the court for a partial division of the assets pending the end result, to allow the parties to purchase another separate residence, or to pay the divorce lawyers fees.   

Usually where a married couple has more than just a home and car, there is more to fight over, so parties should follow the advice of counsel when considering temporary or partial agreements.  For more information about this or other divorce topics, call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

Cuttting yourself off from your spouse.

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are thinking about divorce, it is time to think about gaining or regaining your independence.  The following tips will help you in becoming whole again:

1.  Get your own cell phone account.

2.  Get a credit card in your name only.

3.  Get a Post Office Box or some other place where you can receive mail without the possibility of your spouse intercepting your private communications, including letters from your divorce lawyer.

4.  Open a bank account in your name only.

5.  Put jewelry and other small valuables in a safe or safety deposit box.

6.  Get your own email account.

7.  Separate and remove or photo copy important papers.

8.  Find a better place to put the car keys.

9.  Take photos of personal property in the marital home.

10.  Think about things  you share with your spouse, for example luggage, and get your own. 

By doing these things, you will gain a mind set of being an individual, instead of being one half of a whole.

For more information about divorce, consult with one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

Cancelling a wedding…who gets stuck with the bills?

By Robin Roshkind, Esquire, West Palm Beach, Florida

A word to the wise…Buyer beware!   If  you and  your beloved are making a wedding together, be careful what you pay for.   For example, if the bride is buying her dress, and also decides to pay for the flowers, live music and the wedding invitations, and the groom is paying for the reception, then what happens if the wedding gets cancelled?  Unless there is a written agreement between the parties, the person who put the charges on their credit card, or wrote the check will be stuck with the bill. 

It happens all too often where the bride or the groom gets cold feet.  This leaves a trail of expenses for both.  A written agreement would resolve the issue.  Who pays does not necessarily depend upon who did the cancelling. 

For more information about this or other family law topics, call on one of the lawyers of ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

Finances and the public record.

By Robin Roshkind, Esquire, West Palm Beach, Florida

In divorce cases in Palm Beach County, both parties have to fill out and file in the courthouse a financial affidavit.  This is mandatory whether you are wealthy or not.  A financial affidavit is a sworn statement as to all your assets, debts, bank accounts, credit card debt, mortgages, loans, income, securities and more.  Anyone can access the court file on you and learn about your financial situation.

Financial affidavits and marital settlement agreements are filed with the court for all to see as part of the public record.  Third parties can ascertain the division of marital assets and debts, whether alimony is paid or received, how much a party is to pay in child support and to whom, and in general, everything about the settlement or trial results.   Any account numbers are identified by the last four digits of the account for minimal privacy. 

For more information about this or other divorce topics, call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

Support payments and the lost job…what to do.

By Robin Roshkind, Esquire, West Palm Beach, Florida

You are divorced two years and you are court ordered to pay child support.  In this economy, your company has fired you due to a payroll cut back.   You are seeking employment but it’s been a month so far and no luck.  What should you do?

You need to file a motion to abate child support payments pending finding employment.  If you do not, you may unjustly face contempt of court charges. 

There will be a court hearing before a judge on the motion to abate payments, at which time the burden of proof is on you to show that you are actively seeking employment. 

If you should get another job at a higher or lower rate of pay than your prior payheck, if there is a 20% difference between what you are earning on the new job and what you were earning on the old job, then a modification of child support is required, either upward or downward depending upon your current salary. 

For more information about this or other family law topics, call on one of the attorenys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

Financial issues that may arise in your case, and how to deal with them.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Divorce forces sale…you have seen this on home listings.  Well divorce forces a lot more than the sale of the marital home.  Divorce forces an innocent spouse to have a suddenly bad credit rating; divorce forces the mortgage to be in default; credit cards to be maxed out for living expenses; divorce forces cell phones to be cut off;  divorce forces bank accounts to be emptied;  divorce causes good people to do bad things.

In these economic times, there are several things you should be on the look out for.  Below are a few of them:

1.  Check your credit card interest rates and pay off those cards with the highest rates first.

2.  Consolidate your debt at a lower rate, if possible.

3.  Request a forebearance action on your car loan or other installment loans.

4.  Pay all minimums on your credit cards to protect your credit rating.

5.  Contact your mortgage lender for a mortgage modification or refinance.

6.  List your home for sale or rent long before it goes into foreclosure.

7.  Live more frugally and save money where you can.

8.  Consult with a credit counselor.

For more suggestions, call one of the attorneys at the Firm at 561-835-9091 or click on the ROBIN ROSHKIND, P.A. web site at www.familylawwpb.com.

When a forensic accountant is necessary in a divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

In some cases, divorce lawyers insist that our clients retain the services of a forensic accountant.  This accountant can help with putting forth your case when financial relief is sought in your divorce, whether it is alimony, attorneys fees or in equitable distribution of assets and debts of the marriage.

The job of a forensic accountant is to trace the flow on monies.

It is especially important to retain an accountant under the following conditions:

1.  When the major breadwinning spouse is self employed.

2.  When the major breadwinning spouse is the sole officer of a closely held Florida corporation.

3.  When the major breadwinner works for cash such as a landscaper or artist.

4.  When the major breadwinner is a sole proprietor.

5.  When the major breadwinner is a solo practitioner, either in medicine, legal services or the like.

6.  When there are equities and securities and many parcels of real estate to divide between the spouses.

7.  When rents are collected.

6.  Where appraisals are necessary, including investment quality artwork, diamonds, stamp collections and the like.

7.  Where equal value assets have unequal value tax ramifications.

So don’t be annoyed at your divorce lawyer when he or she asks that you retain the services of a forensic accountant.  It is usually for your protection.  For more information about this divorce topic or others, call one of the attorneys at ROBIN ROSHKIND, P.A.  at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

Warning to (mostly) women…stash the cash.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Here’s the scenario:  Husband moves out of the marital home, away from wife and children, to live with Girlfriend.  Husband earns more than wife.  Husband has controlled the family finances.  When Husband moves out, he does not leave behind tax returns, pay stubs, credit cards, bank statements, his computer or $$$.  What is a wife to do?

The answer is:  be prepared for the worst case scenario.  That being the Husband (or wife if she is the major breadwinner of the family), can cut the spouse off completely, temporarily, leaving him or her without money for even groceries.  Yes, husbands and wives, this does happen, and all too often!

Needless to say, this type of situation leads to an acrimonious and costly divorce.  In order to protect yourself from this situation of not having $$$ for groceries, let alone an attorney, you should have a SECRET nest egg.  Cash stashed away for a rainy day.  You may need it for basic necessities, to pay the electric bill, to feed children, and to hire a divorce lawyer to get you some financial relief.

Very often husbands or wives have to borrow money from family and friends to sustain themselves until we can get into court to ask the judge for temporary support.  Moral of the story:  Don’t be caught without cash. 

For questions about this or other divorce topics, call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

Know your tax and IRS rights.

By Robin Roshkind, Esquire, West Palm Beach, Florida

With constant fighting over finances, couples in this economy are especially hit hard.  A divorce can ruin your credit, cause lingering debt long after the divorce is over, and have the IRS breathing down your neck.

The following tips are for those divorced spouses who are subject to an IRS tax audit:

1.  Know that you can challenge an auditor’s decision.

2.  Penalties that are assessed, can be cancelled if you show a good faith effort to pay.

3.  Audits can be by correspondence instead of face to face.

4.  You can ask the IRS for an installment plan to pay any money owed.

5.  IRS notices may be incorrect.  You can challenge notices and sometimes they are cancelled.

6.  There is a problem resolution office of the IRS to resolve disputes.

7.  You have the right to appeal anyIRS decision within 30 days of receipt.

Often divorce lawyers work with accountants, bookkeepers and CPAs to gather financial information.  There may be tax ramifications of any settlement offer so it is important to consult with a tax advisor prior to signing any marital settlement agreement.  For more information call to speak to one of the attorneys at ROBIN  ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

Taxes on my mind………

By Robin Roshkind, Esquire, West Palm Beach, Florida

This time of year, everyone is thinking about taxes.  Either you are going to be getting money back, or you are going to owe.  How do you split the tax refund or the tax bill if you are splitting and getting a divorce?

Point is, you are still married.  The refund is a marital asset, and the tax bill is a marital debt.  If the parties can’t agree, we lawyers have to take it to the judge. 

Other tax issues in divorce are as follows:

Which spouse is to get the head of household tax exemption?  Usually the one who has the kids for more than 50% of the time.

Which spouse is to get the child exemptions?  Sometimes one spouse takes them one year and the other spouse takes them the year after and they alternate.

Or one spouse takes one child and the other spouse takes the other child.

Settlement negotiations in divorce also sometimes require the expertise of an accountant.  Lawyers generally do not give tax advice.  It is your accountant that can advise you as to whether an asset will be taxed down the road or not. 

For more information about this subject or other divorce issues, call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.