How to “Work the System”…Imputation of Income

How to "Work the System"…Imputation of Income.

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In Palm Beach County Courts, Custody Battles Are Ugly

by Robin Roshkind, Esquire, West Palm Beach, Florida

Divorcing couples can usually let a judge decide on an equitable split of marital assets and debts.  They can also agree in mediation to spousal support (alimony) and who will pay what household bills.  But when it comes to the parties’ children, neither the husband or the wife will admit they are “bad” parents.  So time sharing of the minor children can be a hotly contested divorce issue that a judge will have to decide.

If you are a parent who basically ignores homework, school plays, sports games, then you run the risk of less time with your children because it is what you do anyway.  If you are partying until dawn, drinking and driving, or have other personal issues, it is likely that you will have less time with your children, or even have supervised time sharing.  (No court wants a parent who has an alcohol problem to be driving children around.)

Watch out for text messages, emails, facebook and the like that can become damning evidence against you.  That is especially true if you send abusive messages to your children.  If you disparage the other parent to the children, this is another violation that is not tolerated by the divorce court judge.  Courts even have a name for it–  “parental alienation”.  Parents who are easily angered in the court room will also exhibit out of control behavior, and this, too, will not help your case.  For more information about how to initiate or defend a time sharing dispute over 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 http://www.familylawwpb.com for more information.

Divorce, Kids and Christmas

By Robin Roshkind, Esquire, West Palm Beach, Florida

Divorce is complex enough when there are children invloved, but it can get very stressful around holiday time.  Chances are this is the first time a divorcing couple truly has to share the kids.  There is only one Christmas Eve and one Christmas Day.  The obvious dispute is who gets what time sharing.

This becomes especially challenging when parents live far apart from each other or in different states.  The logistics get in the way.  Also, it may e too early in the divorce proceedings for there to be a court order.

The best way to handle holiday time sharing is by agreement of the parties.  If that is not possible even on a temporary basis, then court intervention will be necessary.   Remember, if an agreement is possible to somehow split the holidays, put it in writing and have booth you and your spouse sign.  For more information a bout this or other divorce topics call one of the divorce lawyers at 561 835 9091 or click on the firm’s web site at http://www.familylaw.com for more information.

BAD MARRIAGES GET WORSE DURING THE HOLIDAYS

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you’ve married for love and the love has run out…or you married for money and the money has run out, changes are, you and your husband or wife are not the happily married couple everyone thinks.  With the holidays upon us, it can be especially difficult to keep smiling and pretending.

There are all sorts of marital stresses during the holidays.  First, consider the now very common blended families.  Children and ex spouses from another lifetime suddenly appear at your dining table.  Time sharing squabbles, airline delays, and disputed schedule changes are hard enough, but during the holidays, they all seem to magnify.

Second, consider the family budget. With the current state of the economy, holiday spending is a hot topic of dispute.  Even something so simple as when and where to shop can become major wars in a household already on edge.
Third, no rest for the weary takes the place of sexual intimacy in front of the fireplace.  Forgive me for being a grinch, but let’s get real here.  You do have a house full of people, right?

Lastly, closing out the year and having high hopes for the new year causes one to reflect.  Like those new year’s resolutions, if divorce is one of your aspirations, I am here to help get you through.  For more information, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.

Who Has To Move, Him Or Her?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Many couples going through a divorce  just don’t have the funds for separate residences.  It is cheaper (not easier) to stay under one roof, until the divorce is final and the issue of the marital home is decided by the judge or agreed to by the parties.

For those couples  lucky enough to have assets, or those in two income families, it is easier (not cheaper) to live separately and apart pending divorce proceedings.  So how do couples decide who shall stay and who shall go?

First, you don’t lose your marital rights to the marital residence merely by moving out, if your name is on the deed or on the lease.  The remaining party has no right to change the locks unless by agreement of the parties or court order.

Secondly, if there are children, it is understandable that they are going through enough changes during divorce.  They should remain, if at all possible, in a stable home environment.  So who is going to be the parent who will be or continue to be the major caregiver?    It is that parent who should stay, as it is in the best interests of the children.

On the other hand, there are cases whereby only one of the parties can afford to pay the mortgage, maintenance, insurance and taxes.  That is the party who should stay.  The other should go, with or without children in tow.

In cases where neither party can afford the mortgage or expenses of the marital home,  both should move out and rent the home or keep it as an investment property, or you both agree to list the house for sale and stay until it sells.

Lastly, where a home is in foreclosure or short sale status, you both should work it out to stay, because that is in both  your best interests.

In some cases, both parties want the home or neither husband nor wife wants the home.  Every case is different.  If the spouses cannot agree, the divorce court judge will decide for you both.

 

 

If You Want Rights, Get Married!

by Robin Roshkind, Esquire, West Palm Beach, Florida

I received an inquiry from a potential client who had been living with a man in a “marriage like” relationship for more than 20 years.  They had two children and lived in a nice house in Palm Beach Gardens.  From  outside, they appeared to be a happily married couple.  However, the relationship tanked when the “husband” met someone new and asked the “wife” to make “other arrangements”.  She came to me to ask what her rights are.

Unfortunately, the “husband” and the “wife” were not; further, there is no common law marriage in Florida. Additionally, there was no written cohabitation agreement for unmarried people living together long term.  There was no legal obligation for the man to voluntarily continue to support her or children that are over the age of majority.  In short, this woman was you know what.

For those among you who want legal rights, it is best to have a legal marriage.  That legal entity protects a partner from the scenario above.  If marriage is not possible, then a written cohabitation agreement is the only other alternative for protection.  For more information about this or other 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 http://www.familylawwpb.com.

What Is Temporary Relief?

by Robin Roshkind, Esquire, West Palm Beach, Florida

Temporary relief includes any kind of relief for the “have not” spouse, to allow the spouse to live and pay bills, pending the outcome of divorce proceedings.  There is usually a temporary relief hearing before the judge, in the event that a court ordered and required mediation does not resolve in a global settlement of the divorce.

Temporary relief can include a court order on child support, time sharing, shared parental responsibility, alimony, attorneys fees, exclusive use and possession of the marital home, a partial division of marital assets and debts, and any other relief requested by the spouse, to allow normal household bills to be paid, and maintain the status quo pending any outcome in the divorce.  Temporary relief stays in place until further order of the court, or an agreement of the parties.  Temporary relief may or may not be precedent setting.  For more information about this or other divorce topics, call one of the Palm Beach divorce lawyers at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.