How To Stop Paying Alimony in Florida

By Robin Roshkind, Esquire, West Palm Beach, Florida

The divorce is final…the judge signed the decree.  Either you have a marital settlement agreement or a final decree, the terms of which were decided by the judge.  If you are court ordered to pay alimony to your former spouse, there are several ways you can get out of this obligation, but you will have to let a reasonable amount of time pass first.

To modify a court order, there must be a substantial, material change of circumstances since the date the judge signed the order.  Below is a list of such examples that warrant a modification of your alimony obligation:

1.  Your former spouse got married.

2.  Your former spouse is in a supportive relationship, being financially supported by another.

3.  You have lost your job.

4.  Your spouse won the lottery, inherited a bundle or otherwise came into a windfall.

5.  You have a severe pay cut.

6.  If you run your own business, you are out of business, or your business is failing.

7.  You got sick or injured and can’t work.

8.  Your former spouse is earning money now and wasn’t at the time of final judgment.

There are other situations warranting the termination or modification of your alimony obligation.  Each case is different, so consult a divorce lawyer at ROBIN ROSHKIND, P.A. at 561 835 9091 for more information or click on the Firm’s web site at www.familylawwpb.com.

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Florida Divorce Law…Mediate or Litigate?

By Robin Roshkind, Esquire, West Palm Beach, Florida

In the State of Florida, and Palm Beach County in particular, all parties to a divorce must attend a mediation session in an attempt to settle their divorce issues prior to going to trial. Approximately 70% of divorce cases settle in mediation with the result being a marital settlement agreement signed by both the husband and the wife.

Judges prefer to lighten their caseload this way.  And they don’t have to micro manage the affairs of a family.  It is always best when the parties themselves determine their futures.

However, some cases just cannot settle.  Usually it is the complex ones that a frought with emotion.  Like who should spend the most time with the children. Some common disputes include differences of opinion over what something is worth, like a family business or a marital home; what a spouse’s income truly is for purposes of child support or alimony calculations; whether something is marital or the separate property of one spouse or the other; whether parents gave the divorcing parties a gift or a loan. 

These are just some examples of issues that may not be able to be settled in mediation.  If one party wants to settle and the other party wants to go to trial, off to the courthouse you both go.   Trial is expensive and requires countless witnesses and documents.  Settling and moving on with one’s life is a better alternative.  If you are thinking about getting a divorce in Palm Beach County, call one of the experienced 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.  At the Firm we do settlements, trial, and even appeals.

Expecting a Tax Refund? Now You Can Hire A Divorce Lawyer

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are expecting to get a tax refund from the IRS, now is a good time to get your finances in order if you are thinking about a divorce.  The refund check will probably be made out to both the husband and the wife.  So split it in half and do what you have to do.

If you have other liquid assets, you can start to divide those in half as well, by WRITTEN agreement of the two of you.  This is how an amicable, collaborative divorce begins…without anger, frustration or bitterness.  It is just the breaking up of a partnership and the assets and debts have to be distributed.

Tax refund money is like getting an extra bonus.  Many clients use it to fund their futures.  If you are thinking about getting a divorce in Palm Beach County, 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.

If You Are Divorcing With Children …Many Issues to Consider

By Robin Roshkind, Esquire, West Palm Beach, Florida

Divorce is tragic enough because it is the result of a failed marriage where two people once saw a future together.  But when there are children involved, it makes divorce much more difficult.  Adjustments to family life and single life are harder.  There are more issues to consider.  Emotions run high.

Below is a check list of things to consider if you are divorcing with children in the picture:

1.  Finances and child support…household budgets.

2.  Time sharing allocations to Husband and Wife.

3.  Logistics as to time sharing with reference to travel expenses, children’s clothes, air fares, gas, long car rides, a safe car; who will pick up, who will drop off, when and where.

4.  Health of the child: prescription medications, food alergies, sports injuries, emergency care.   Following directions to administer medicine as needed. 

5.  Health insurance for children must be provided by the parent most able to do so.

6.  Education of the children…where will they go to school; private or public school and religious training.

7.  Extracurricular activities of the children…who will pay for uniforms, equipment, and travel.

8.   Unfit parent issues like drug abuse, alcoholism, irresponsibility.

9.  Parental alienation issues where one parent disparages the other causing the children to react negatively to that parent.

10.  Outside relationships and children…kids going through a divorce should not be exposed to a boyfriend or girlfriend of a parent too soon in the process, as it confuses children and causes feelings of disloyalty to parents and guilt.

This list could go on and on.  Sometimes if children are having difficulty adjusting, they need to seek counseling.  One parent may approve, and the other may not, in which case you need court intervention.   With so much to consider when there are children and divorcing parents, it is best to seek the advice of your divorce lawyer, because each case is different…each family’s needs are different.

If you are thinking about divorcing in Palm Beach County and you have children, 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.

It’s A New Year…Don’t Put Off Divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

With the new year just begining and the holidays over, now is the time to start thinking about your future.  If you have been living in a bad marriage for a while, then perhaps it’s time to do something about it. 

Verbal abuse, physical abuse, money problems, lack of intimacy, are all good reasons to move on and find a new relationship and get out of the one your in.  If you are thinking about a divorce, here is the initial checklist:

1.  Gather all financial documents like tax returns, income stubs, bank statements, credit card bills, household bills.

2.  Gather all title documents like deeds, car titles, boat titles.

3.  Gather all loan documents like mortgages, lines of credit, car loans.

4.  Photograph all valuables like jewelry, piano, artwork, sterling silver.

5.  Gather all insurance documents.

Armed with your “ammunition” store these in a safe place, most likely to be your divorce lawyers office.   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.

Domestic Violence Increases With Bad Economy

By Robin Roshkind, Esquire, West Palm Beach, Florida

In my practice, I see a lot of battered and beaten women…and men.  Domestic violence is perpetrated upon husband’s as well as wives;  oddly enough there are some very agressive women out there.

In any case, with the rise in unemployment, which hit 12% recently in the State of Florida, spouses are lingering around the house more, causing friction…a spouse may be labelled as “lazy” or “worthless” causing a severe reaction which ends up in a violent situation.

If  you are a perpetrator, and know you have an anger management problem, get to counseling before the situation escalates.  If you are a victim, there is no need to take it anymore.  Exit the marriage pronto!  No one should be in fear of bodily harm.  For more information about divorce in Palm Beach County, 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.

Misconceptions About Divorce In Palm Beach, Florida

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are many myths and misconceptions about divorce in Palm Beach County, Florida.  One of the most common is that the judge is concerned about why the marriage broke down.  The judge doesn’t care about  punishing a cheating spouse.  Since Florida is a no fault state, the job of the judge is only to divide the assets and debts of the marriage in an equitable fashion and protect any children of the marriage.  Only where there is significant and substantial economic misconduct in a marriage, such as gambling or drugs, or spending large sums on a paramour, will the judge address a deviation from a shared split of assets.

The second misconception is that everything should be divided equally.  Equitable distribution of assets and debts does not necessarily mean equal to the penny.  There are many statutory factors a judge must consider and he/she must also make certain findings about the facts of the marriage in doing an equitable distribution scheme.

Another misconception is that divorces must go to trial.  More than 70% of Palm Beach County divorce cases settle in mediation or prior to mediation.  While it is true that all parties to a divorce in Palm Beach County, Florida MUST go to mediation at least once to attempt a settlement, most cases settle there.  The mediator and lawyers indicate what the outcome will likely be if a particular case is tried in the courtroom, and the parties can settle based upon that.  It is far cheaper and the results will likely be similar. 

Remember, it is always better to have a divorce lawyer to advise you.  Sometimes, you also need tax advice from a tax advisor, and in cases where there are children involved, therapists and other professional are advised.  If you are thinking about getting divorced in Palm Beach County, Florida, 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.