How to “Work the System”…Imputation of Income

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

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“He Said She Said” Not Enough In Divorce Court

by Robin Roshkind, Esquire, West Palm Beach, Florida
After filing for divorce in Palm Beach County, it is mandatory that the parties exchange financial information by way of proof.  This helps to settle divorce issues like alimony and attorneys fees, child support and division of marital assets and debts.

Each party must provide to the other things like tax returns, bank statements, credit card bills, pay check stubs or income statements, mortgages, investment and retirement accounts and the like.  Both parties are required to disclose this information under Florida Family Law Rule 12.285, which is commonly referred to as the mandatory disclosure rule.  In most cases, the court requires going back one to three years with these statements.

The court views these statements as the back up data to a parties’ sworn financial affidavit, perhaps the most important document in any divorce.  A divorce cannot be granted without one.  Proof of income is used for child support calculation purposes; to show need or ability to pay alimony and attorneys fees.  Credit card and other billing statements show debt.  Investment accounts, mortgages, and deeds to real estate show lifestyle of the marriage and determine equitable distribution schemes.

The paper pile tends to grow but merely standing in court and testifying as to your need, or lifestyle or debt is just not enough for the divorce court judge.  Your allegations must always be backed up by proof.  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 for more information.

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.

You And Your Divorce Lawyer…

by Robin Roshkind, Esquire, West Palm Beach, Florida

You and your divorce lawyer have a special relationship. First, anything conveyed to your lawyer, in writing or verbally, is confidential.  This includes any communications with any of your lawyer’s staffers as well.  Your lawyer is there to advocate for your position and hold you out in the best light possible under the facts of the matter.

Your lawyer knows divorce law in your jurisdiction.  You must listen and follow his or her advice.  That is what you are paying for…your lawyer’s time, skill set and expertise.

Speaking of paying, be sure you keep current with your bill.  Your lawyer will stay on and continue to represent you, as long as the legal fees are being paid.  The reverse is true as well.  If for some reason you do not pay your lawyer, the judge most likely will let your lawyer withdraw from representing you.

You must cooperate.  If you are supposed to produce documents, don’t be your own worst enemy, or your lawyer’s, by not producing these items in a timely manner.

Lastly, if you are not sure about something, call for a meeting with your lawyer.  It is much better to have an open discussion than remain in the dark and not understand what is going on that involves your future.  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 for more information.

What Is Temporary Relief In Divorce Actions In Florida?

by Robin Roshkind, Esquire, West Palm Beach, Florida

Temporary relief can be obtained by agreement of the parties that is reduced to a court order, or by a mini trial before the judge in Palm Beach County Family Court.  The issues to be decided in temporary relief are primarily support and time sharing with children.  Support includes temporary alimony and child support, especially if a spouse has cut you off.   Division of assets and debts is not generally a temporary relief issue unless marital assets need to be partially distributed to pay the attorneys.

Temporary relief is a mini trial that occurs AFTER a mediation in an attempt to settle the issues of temporary support and time sharing.  Child support, alimony, time sharing and attorneys fees are the main temporary relief issues.  Other temporary relief issues can include who pays for which household bills, credit cards,  and medical expenses and insurance during the divorce proceedings.

Temporary relief hearings may include the testimony of the parties and CPAs who testify as to the need of one spouse for temporary relief and the ability to pay by the other spouse.  For more information about this or other divorce topics call one of the divorce lawyers at ROBIN ROSHKIND, PA at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

Reasons For A Motion To Withdraw: a check list.

By Robin Roshkind, Esquire, West Palm Beach, Florida

A attorney can withdraw from representing a client or a client can terminate an attorney by a motion to withdraw.  Usually, these motions are filed by the attorney when a client simply runs out of money to support the case.   There is no such thing as indentured servitude in this country anymore.  A lawyer is not expected to work for free.

But there are other reasons an attorney may file a motion to withdraw.  If they cannot get in touch with the client for a period of time;  if there is a personality conflict;  if there is constant misunderstandings or problems with communicating that does take place; if the client does not follow the lawyers advice to his/her detriment.

Clients can ask a lawyer to withdraw for similar reasons:  the lawyer never returns phone calls; does not produce a billing statement; cannot communicate effectively; client loses confidence in the lawyering; cannot afford the fees; is generally not satisfied.

Withdrawing from the case is a process and most clients do not understand it does not happen instantly.  A court hearing is required and permission from the judge by court order must allow the termination of the representation.  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.

What IS A Motion To Withdraw?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Often a client will want to settle a divorce case because to litigate is very expensive.  If the other spouse does not want to settle, however, no settlement is possible.  Clients run out of litigation funds for their attorneys.  In that case, they will have to finish the matter on their own or “pro se”, i.e. without counsel.  Where misunderstandings come in, is that a client cannot simply direct a lawyer to STOP.  A lawyer is an attorney of record with responsibility to continue with the representation until a judge orders or allows the lawyer to get off the case.  This requires the lawyer to file a motion to withdraw from the representation and go to a court hearing where the judge will decide whether or not to allow the lawyer to get off the case.

This depends upon whether or not there is a trial pending, or any other action at the present time pending such as a mediation or motion hearings.  If the case is languishing, a lawyer will be allowed to withdraw, but this has to be by court order.  Until such order is entered, the client will continue to have representation whether they want it or not and they will have to pay for it as well.

For more information about this or other divorce topics, please 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.