How to “Work the System”…Imputation of Income

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

Advertisements

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.

If You Think You Have A Divorce Settlement, BE CAREFUL!

by Robin Roshkind, Esquire, West Palm Beach, Florida

We divorce lawyers have a old trick…get the other side to think we are settling the case, but then move forward to the divorce proceedings.  The moral of the story is, in divorce court, if you do not have a signed settlement agreement, or a signed agreed order, you do not have an agreement.  You may think you do, but therein lies the problem for you.

In Florida, it is a statutory requirement that all “agreements” be in writing and signed by the husband and wife.   So if you have discovery that is due, temporary alimony payments that are due, depositions that are set, a court hearing to attend, your lawyer still must prepare as if there is no settlement at all until such time as there is a signed document.  Don’t fall into the settlement trap.

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.

What Type Of Divorce Will You Have? Part 1: Alimony

By Robin Roshkind, Esquire, West Palm Beach, Florida

In the state of Florida, there are legally defined, three types of marriages:  short term, durational, and long term marriages.   Depending upon where your marriage falls, this can determine what kind of divorce outcome you get.

Short term marriages fall into the category of 0-2 years.   In terms of litigation, if your spouse is asking for alimony, chances are the shorter the marriage, the less likely there is going to be an alimony award.   Two plus years up to 17 years of marriage falls into the durational marriage category.  What this means is, if a spouse shows need and that the other spouse has ability to pay, and there is disparate incomes, the court has the legal ability to award alimony up to the length of the marriage.  For example, in a 6 year marriage, the court cannot award alimony for 8 years.

Long term marriages are legally defined as 17 years plus.  In this type of marriage, the court has the ability to award a spouse lifetime or permanent alimony.   There are still many statutory factors that the court must consider in awarding alimony.  But length of the marriage determines the time frame for alimony.  If you are thinking about getting divorced in Palm Beach County, Florida, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 for more information or click on the Firm’s web site at www.familylawwpb.com for more information.

How To Stop Paying Alimony in Florida

By Robin Roshkind, Esquire, West Palm Beach, Florida

The divorce is final…the judge signed the decree.  Either you have a marital settlement agreement or a final decree, the terms of which were decided by the judge.  If you are court ordered to pay alimony to your former spouse, there are several ways you can get out of this obligation, but you will have to let a reasonable amount of time pass first.

To modify a court order, there must be a substantial, material change of circumstances since the date the judge signed the order.  Below is a list of such examples that warrant a modification of your alimony obligation:

1.  Your former spouse got married.

2.  Your former spouse is in a supportive relationship, being financially supported by another.

3.  You have lost your job.

4.  Your spouse won the lottery, inherited a bundle or otherwise came into a windfall.

5.  You have a severe pay cut.

6.  If you run your own business, you are out of business, or your business is failing.

7.  You got sick or injured and can’t work.

8.  Your former spouse is earning money now and wasn’t at the time of final judgment.

There are other situations warranting the termination or modification of your alimony obligation.  Each case is different, so consult a divorce lawyer at ROBIN ROSHKIND, P.A. at 561 835 9091 for more information or click on the Firm’s web site at www.familylawwpb.com.

Keep Divorce Decree With Important Papers

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are many instances in life where we have to be prepared to provide important documents like tax returns, proof of income,  health history, credit scores and the like, for purposes of applications for various things we may need.  One of those important documents is your final judgment of divorce.

Your divorce decree may be required for the following:

1.  Transfer of retirement plans from your ex to you.

2.   Purchase of a new car.

3.  Purchase of a new home.

4  Changing your name on driver’s license and passport.

5. Changing your name on bank accounts.

6.  Application for life insurance.

7.  Transfer of real property.

8.   Change of beneficiary.

9.  Modification of alimony or child support.

10.  Valuation of antiques, artwork etc.

11.  Loan applications.

So keep your divorce decree in a safe and accessible place, because chances are you are going to need it.  You may even need a copy of your divorce decree to be certified as true and correct by the court.  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.

CanYou Eliminate Alimony Long After Divorce Over?

By Robin Roshkind, Esquire, West Palm Beach, Florida

YES! There are several changes of circumstances that would warrant an elimination of alimny years after the divorce is over.  Since alimony is spousal support based upon one person’s need and the other’s ability to pay, if the need is no longer there, or the ability to pay is no longer there, this qualifies as a substantial change in circumstances warranting a modification of alimony downward or by elimination all together.  Conversely, if the need is greater, say for health reasons, and the ability to pay is there, then this substantial involuntary change in circumstances warrants a modification of alimony upward.

A new alimony law in Florida was passed two years ago regarding a supportive relationship.  This states that if a receiving spouse, the payee, is being financially supported by a significant other, the payor of alimony can modify or termintate alimony based upon proving this supportive relationship.  If you think you may qualify for a modification of alimony either up or down, 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.