How To Get Your Spouse To Pay For Your Divorce

By Robin Roshkind, Esquire, West Palm Beach, Floirda

There are several ways in a Palm Beach County divorce to get your spouse to pay for it.   One way is to establish that you have the need and that he/she has the superior ability to pay.  This scenario occurs when one spouse earns considerably more than the other, or when a spouse is a stay at home.  Th courts want the parties to be on equal footing and so this provision for payment of attorneys fees is statutory in Florida Statutes Chapter 61. 

The other way to get  a spouse to pay your attorneys fees is under common law or case law. There is a case out there called Rosen v. Rosen which says that if a spouse causes the other’s attorneys fees to escalate unreasonably, that wrongdoer has to pay a  portion or all of the other’s attorneys fees. 

Lastly, there are settlement negotiations. Part of the deal may be payment of attorneys fees.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com for more information.

Child Support and Visitation May Be Related

By Robin Roshkind, Esquire, West Palm Beach, Florida

In my practice, I often get this question:  If he does not pay his child support, do I have to give him time sharing with the kids?  The answer is YES.  One has nothing to  do with the other.  The remedy for non payment of child support is contempt of court for failing to obey a court order.

On the other hand, child support and time sharing with the children ARE related in terms of amount of time and amount of child support.  If the time sharing arrangement offers 40% or more time sharing to a parent that parent pays less in child support because he/she has the child more than the guideline amount and should have additional funds for the additional time that parent has with the child.  If that parent does not then exercise his/her allotted time sharing, then the other parent can go back into court for a modification of that parent’s child support obligation upward.

For questions about this divorce topic call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com for more informaton.

CanYou Eliminate Alimony Long After Divorce Over?

By Robin Roshkind, Esquire, West Palm Beach, Florida

YES! There are several changes of circumstances that would warrant an elimination of alimny years after the divorce is over.  Since alimony is spousal support based upon one person’s need and the other’s ability to pay, if the need is no longer there, or the ability to pay is no longer there, this qualifies as a substantial change in circumstances warranting a modification of alimony downward or by elimination all together.  Conversely, if the need is greater, say for health reasons, and the ability to pay is there, then this substantial involuntary change in circumstances warrants a modification of alimony upward.

A new alimony law in Florida was passed two years ago regarding a supportive relationship.  This states that if a receiving spouse, the payee, is being financially supported by a significant other, the payor of alimony can modify or termintate alimony based upon proving this supportive relationship.  If you think you may qualify for a modification of alimony either up or down, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com for more information.