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.

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Divorce Allegations and Proof Required

by Robin Roshkind, Esquire, West Palm Beach, Florida

There are many allegations that can go flying around in divorce cases in Palm Beach County…drug and alcohol abuse, wife beating, illicit affairs and marital monies spent…these are just a few.

It is important to realize that whatever a spouse alleges in divorce court, must be proven in order for the judge to make a finding as to the validity of the allegation., and thereby rule upon it based upon fairness of the situation.

So, for example, to say or testify that your husband has been cheating is not enough.  You must show with substantial evidence that he purchased a car for his girlfriend, or is paying her rent regularly, thereby dissipating marital assets.  Another example:  If you find something incorrect on your wife’s financial affidavit, you must prove the falsity, rather than just put forth the allegation.

Trial judges don’t take your position on its face value.  What you allege in divorce court you have to prove.   And of course, the allegations have to be relevant and material to the issues at hand.  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 Happens If I Don’t Follow A Court Order?

By Robin Roshkind, Esquire, West Palm Beach, Florida

In divorce court, there are many court orders for many things:  temporary relief orders order a party to pay child support or alimony to another; orders to compel production of discovery documents usually have a deadline by which to comply; orders on time sharing of children set forth parameters of when and where to pick up and deliver kids;  there are all sorts of court orders in divorce cases.

So if you don’t or can’t obey a court order, the other party has the option of holding  you accountable.  If that party takes an affirmative step to hold you accountable, you may face a motion for contempt and enforcement of a court order.

Depending upon whether you intentionally violated the order, or it simply was impossible for you to comply makes a big difference.  For more information about this or other 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 http://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.

Child Time Sharing And A Spouse Who Won’t

By Robin Roshkind, Esquire, West Palm Beach, Florida

I often get the question from clients who complain that their stbx or their ex spouse does not take the children when he/she is supposed to.   They want to make plans but at the last minute there is always some excuse as to why he/she can’t take the kids at his/her appointed time.  What to do?

You cannot legally force a parent to take their children during their appointed time sharing.  What you can do is go back into court for more child support based upon the fact that the child support in place was determined with consideration of the attached time sharing schedule.  If that is not going to be honored, leaving a parent with significantly more time sharing than anticipated, that parent needs more child support monies for the additional time he/she has the kids.

What you need is a modification of child support and time sharing based upon an involuntary and substantial change in circumstances.   Our divorce attorneys can help you.  Please call for a consultation at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com for more information.