Working the System! Motion for Continuance

Working the System! Motion for Continuance.

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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.

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.

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.

How Many Times Must You Go To Mediation?

Bhy Robin Roshkind, Esquire, West Palm Beach, Florida

All parties to a divorce action in Palm Beach County must go to mediation at least once prior to taking the divorce to the judge.  This is an administrative court order.  The policy behind it is that 70% of divorce cases are able to be settled without court intervention.  Judges prefer the parties to settle their differences rather than rule and have to micro manages family life.

So you have to go at least once.  At mediation you can have a global settlement, a partial settlement or no settlement at all.  You are not forced to sign anything.  But if you want to go to mediation more than once, you will need a court order to do so, or an agreement from your spouse.  Mediation fees can run from as little as $120 up to $400 per hour.

For more information about mediating divorce cases, 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.

What Is A Parenting Coordinator?

By Robin Roshkind, Esquire, West Palm Beach, Florida

A parenting coordinator is a trained, court appointed social worker who can help parents reach an agreement as to what time sharing schedule is in the best interests of the child/ren.  This person can also address issues between divorcing parents as to who takes the children to the doctor, who picks up from school, who provides sports equipment for after care programs, and also can assist the parents in making decisions about which programs the children shall participate in and who pays the fees, uniforms, equipment, etc.

Parenting coordinators take the caseload off the divorce court judge, who generally does not want to micro manage the lives of litigants.  They assist in decision making, so that the parents can get along better and have a third person’s opinion.  It is not binding, just helpful.

Where parents have trouble communicating, or have competing interests with each other, a parenting coordinator can point out that it is the child’s interests that should come first.  Like a mediator, a parenting coordinator helps resolve parenting issues that can then be reduced to a court order by agreement of the divorcing parents.

For additional 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 If HeShe Won’t Return The Child?

By Robin Roshkind, Esquire, West Palm Beach, Florida

You have a court order in place giving each parent a time sharing schedule.   The other parent won’t return the child per the court ordered schedule.  You can do one of several things:

You can call the police and maybe they will intervene and maybe they won’t.  It depends upon how busy they are at the moment.  The real truth is that keeping one’s own child is not a criminal act unless the child is removed from the country.  Otherwise it is a civil matter and up to the discretion of the police if they want to get involved. 

You can call your lawyer.  The lawyer will file for an immediate pick up order if the child is endangered.  Or if not, the lawyer will file a motion for contempt and enforcement of the court order.  However, this takes time to get into a court hearing.  Such issues are not seen as emergencies by the judge unless the child is somehow endangered.

You can appeal to the common sense of the wrong doing parent.  This usually does not work.

Where there is no court order for time sharing or custody in place yet, as in a paternity case that has yet to be adjudicated, or in a divorce case that is still pending and time sharing has not yet been established, that makes it more difficult to control.

The best advice is to get some arrangement agreed upon and make into a court order as soon as possible.  That way, if one of the other parent keeps the child without permission, and in violation of the court order, you have recourse.  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.