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.

You’ve Gotten A Divorce But You’re Still Stuck With Your Ex?

by Robin Roshkind, Esquire, West Palm Beach, Florida

One advantage certain couples have, is that once the divorce is final, both parties can go their separate ways without interference from the other.  They never have to see each other again; they never have to talk to each other again… about anything.  That is unless they are sharing a business,  a dog, or children.

If a divorcing couple has any of the above, they are in it together for the next number of years until the children reach the age of majority, the business folds or is bought out, or the dog dies. Along with child support, shared parental responsibility and time sharing, which keeps the two of of tied together,  the focus today is on co parenting.

Co parenting can be very difficult, especially if the former husband and former wife just don’t see eye to eye.  An exaggerated example: The kids get to eat candy in one home, while in the other they are forced to do homework.  This is an example of a typical dilemma co parents face all the time: different co parenting styles.  The best advice is to live and let live, unless there is some detriment to the children.  Pick your battles wisely.

Even so, children hone in on certain things, and usually can figure out how to play one parent against the other.  Remember, you are the adults.  You should wise up to this ploy and work together for the best interests of your children.  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.

Marital Settlement Agreements Are “Special” Contracts

by Robin Roshkind, Esquire, West Palm Beach, Florida

When you are going through the divorce process in Palm Beach County, Florida, you will have to go to mediation, prior to going to trial in the courtroom.  This is court  mandated, and gives a divorcing couple a formal way to settle out their differences by themselves, instead of having the judge dictate how the family will live from final judgment forward.

Marital settlements agreements become part of final judgments of divorce.  They are based upon both the husband and the wife fully disclosing all finances, separate and marital property, legal obligations and debt.  They equitably divide marital assets and debts, setting aside separate property, they provide for spousal support or alimony, and also set forth guidelines to follow for any children of the marriage.

That can include child support, time sharing, vacation time, grandparents rights, shared parental responsibility, health insurance, doctors visits travel and just about anything else.

After full disclosure and negotiations, if the parties can agree, they will sign a marital settlement agreement, freely, with full knowledge of their rights and obligations and with intent to be bound.  Marital settlement agreements are enforceable by the court as is any court order. 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.

Can You Change A Marital Settlement Agreement Once It Becomes A Court Order?

by Robin Roshkind, Esquire, West Palm Beach, Florida

Yes.  A marital settlement agreement and court order of divorce can be changed by AGREEMENT OF THE PARTIES or by COURT ORDER.  A court order will be the result of a PETITION FOR MODIFICATION OF FINAL JUDGMENT.  It has to be based upon a substantial, material change of circumstances.  You would have to prove such a change requires a modification at the POST DISSOLUTION TRIAL.

However, there is an EXCEPTION…once property and debts are divided in divorce court, or even by agreement of the parties, that part of the final judgment is a done deal.  Spousal support (alimony) and children’s issues (time sharing, child support) can be modified.  Division of assets and debts cannot.

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.

Children and Divorce…A Legal Check List

by Robin Roshkind, Esquire, West Palm Beach, Florida

There are many issues in a divorce that has children involved, both the legal and the psychological.  I will address the legal issues today and the psychological issues in another writing.

Legal issues involving the children of divorcing parents include:

1.  Time sharing (or what used to be called “custody”).

2.  Health insurance (children MUST be covered in the State of Florida).

3.  Schools (private or public)

4. After school care or activities

5.  Relocation with minor children or geographic restrictions

6.  Child support

7.  The parents’ significant others

8.  The parents relationship with each other (shared parental responsibility)

9.  Uncovered medical/dental bills

10.  Housing must be clean and safe

11.   Pets

These are the issues that must be addressed in any marital settlement agreement or final judgment of divorce by trial if there are children involved.  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.

Who Is The “Better” Parent In Divorce Court?

by Robin Roshkind, Esquire, West Palm Beach, Florida

I just had a case where the ex husband, after divorce, continued at his mid management level job, and the ex wife remarried a wealthy man.   The ex wife is now able to  lavish gifts upon the parties minor children.  The ex husband,  is not as financially well off as the former wife.  Who do you think the minor children gravitate to?

The courts do NOT recognize the wealthier parent as necessarily the “better” parent.  When it comes to time sharing with minor children, the best interests of the child controls the judge’s decision.  Issues such as who spends quality time with the kids, who takes them to after school lessons, who helps with homework, who takes them to the doctor, who is more involved in school activities…those are the things the judge considers in determining which parent better serves the needs of the children…  Not the amount of clothes a parent can buy or the price or quantity of gifts a parent can buy.

Regarding living arrangements, it is not the bigger house that “wins”, as long as the children have a clean, safe and decent place to live in the eyes of the judge.

While parents are never equal in their parenting skills, time alotted to children, or money available to them, a judge has to consider all factors in determining where the best interests of the children are found.  It is to that parent that the judge will grant majority time sharing and adjust the child support amount accordingly.

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.