Working the System! Motion for Continuance

Working the System! Motion for Continuance.

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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.

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.

What Is A Social Evaluation And How Is It Used In Divorce Cases?

By Robin Roshkind, Esquire, West Palm Beach, Florida

A social evaluation is a home study conducted by a court appointed social worker to visit you in the home to see how you and the children live and relate to each other.   It is court ordered upon motion, usually filed in custody battles, where one parent wants sole custody and for the other parent, supervised time sharing and no decision making.

Social workers will visit each parent’s home with the children and write a report for the judge based upon observations, knowledge of the physical residence, interviews and expertise in such matters.  The social evaluator will make recommendations to the court as to what is in the best interests of the children.

The judge will rely upon this report. Opposing counsel will have an opportunity at the trial to cross examine.  And the best interests of the child/ren will be determined by court order.  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.famlylawwpb.com for more information.

Reasons Judges Delay Divorce Trials

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are many reasons a divorce trial may be delayed.  But there are some recurring reasons that you should know about:

1.  First, the judge may have a personal emergency and needs to reset your trial.

2.  The judge may have a case before him/her that requires emergency action., thus displacing your trial with a more pressing case.  Child kidnapping, child endangerment, and  domestic violence are some examples of emergencies in family court.

3.  The judge feels your case may have a chance of settling if he/she orders the two parties back to mediation.

4.  The judge feels your case may have a change of settling if he/she orders the two parties out into the hallway of the courtroom to discuss the matter one last time.

5.  The case is not yet ripe and motions to compel discovery, attorneys fees, depositions, and the like are needed first.

6.  The trial may be delayed if the issues need to be bifurcated into two parts, for example custody and then everything else.

7.  If witnesses like CPA’s and therapists have sudden schedule changes, the trial may be delayed upon motion and order of the court.

Those are some of the reasons a judge in family court would postpone a scheduled trial.  But don’t think you can do the same.  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.

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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.