Not Obeying Court Orders

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are divorced, you have a court order that either directs you or your spouse to perform certain obligations. This can be the payment of child support and/or alimony, making mortgage or rent payments,  executing a quit claim deed, or transferring property or other tasks.

If you are charged with the obligation, and willfully do not do what you are supposed to do, you may suffer the consequences of contempt of court, that being substantial fines or incarceration.

If you are the recipient, and you do not receive what you are entitled to under the court order, it is up to you to take affirmative legal action by filing a motion for enforcement or contempt.

in that event the parties will have to go to an evidentiary hearing  and present evidence and testimony.  For more information about this or other divorce topiplea all one of the divorce a lawyers at Robin Roshkind, P. A. At 561 835 9091, or click on the Firm’s web site at http://www.familylawwpb.com.

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What Is A Complex Divorce?

by Robin Roshkind, Esquire, West Palm Beach, Florida

A complex divorce is one in which there are many issues to resolve and the Husband and Wife are anything but agreeable.  It could involve many real estate properties, tax issues, a privately held corporation or several closely held businesses, marital assets in several states, trust assets, split siblings or special needs children, assets or businesses that need valuations, and supplemental issues including vocational studies, custody battles, an unfit parent, off shore bank accounts and the like.   Complex divorces can also include bad behavior including adultery and the dissipation of marital assets due to outside relationships, gambling, drug or alcohol use or uncontrollable shopping or other mental health issues.

The more complex the marriage, the more complex the divorce.  The more a couple has to fight over, generally the more complex the divorce.  This type of divorce usually turns ugly and requires the use of a divorce team.  This team includes psychologists or psychiatrists, appraisers, private investigator, real estate agents, CPAs, estate planning attorneys, corporate attorneys, tax attorneys, and of course the divorce lawyer.   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 http://www.familylawwpb.com.

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.

Post Divorce Cooperation Necessary

By Robin Roshkind, Esquire, West Palm Beach, Florida

In divorce settlements and court orders resulting from trials, there is oftentimes some homework for the parties to do together even though the divorce is granted and a final judgment is entered. 

This could involve transfer of title on a marital home, by Quit Claim Deed, transfer of a retirement account by QDRO or qualified domestic relations order, or change of title to a vehicle or boat.  The former husband and former wife are under a duty to cooperate to sign any documents necessary to effectuate the intent of their marital settlement agreement or final judgment of divorce.

But what happens if you have an uncooperative ex spouse?  You have to go back into court on a motion to enforce final judgment or a motion for contempt for intentional violation of a court order.  This costs money if you retain the services of your attorney.  So you would also want to ask the court for an award of attorneys fees.

If  you are having problems post divorce in a Palm Beach County, Florida Court,  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.