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.

Can A Cheating Spouse Be Punished By Florida Divorce Courts?

by Robin Roshkind, Esquire, West Palm Beach, Florida

Sitting in my office, listening to potential divorce clients, it seems like no one is having sex within their marriage.  They are either sex deprived, or they or their spouse are cheating on the side.

To some extent, the Florida law protects cheaters, directing the “cheated upon” spouse to simply divorce the cheater.   That’s what is meant when we divorce lawyers say Florida is a “no fault” state.    However, the law does protect an innocent spouse from dissipation of marital assets.   What that means is if a cheater is spending significant sums of marital monies on the affair, that so called dissipation of marital assets can be considered in the financial scheme of the divorce.  There may be an unequal equitable distribution given in favor of the innocent spouse by the divorce court judge.

Case law defines significant sums as: buying a girl friend an expensive car, paying her rent, buying a condo for the paramour, taking numerous expensive vacations or shopping trips, all the usual but expensive trappings of keeping a lover.   A casual dinner out does not qualify.

If you suspect your spouse is the cheating kind, 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 for more information.  We may want to put a private eye on your spouse and use that testimony and evidence in court to get you the better part of the marital estate.

Short Term Marriages Usually Mean No Alimony In Divorce

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are in a short term marriage defined as five years or less by the case law in the state of Florida, chances are you will not be able to collect alimony from your spouse in divorce court.   Or if you qualify, alimony will be of the bridge the gap variety, if at all.

Alimony or spousal support is based upon the relative incomes of the parties or the relative access to independent funds.  One spouse has to prove a need, and the other spouse’ ability to pay.  If a spouse has the need, but the other has no ability to pay, there will be no alimony irregardless of the length of the marriage.  Also, a court cannot award an alimony for a time that is longer than the marriage, if at all, unless the marriage is 17 plus years and the spouse qualifies for permanent alimony.

Bottom line, if you are in a short term marriage, chances are the court will not grant you any alimony unless it is also short term, as in bridge the gap alimony.   An award of alimony is determined by 30 statutory factors, so consult with 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.  REMEMBER:  divorce cases are fact driven and every case is different.  Remember too that Florida is a no fault state and alimony is generally not a punishment but an entitlement.

Using Private Investigators In Palm Beach Divorces

By Robin Roshkind, Esquire, West Palm Beach, Florida

If Florida is a no fault state, and there is no punishment for adultery, why then hire a private investigator?  I get this question all the time when I recommend to my clients that they hire one.

The reasons are many:  First a private investigator can assess all public records on a spouse to ascertain if they are property owners, car owners, boat owners, alone or with another person.  You, the divorcing spouse, may not have the entire picture of assets, property wise, and a private investigator will find that information for you.  If a spouse purchased a condo for a paramour, for example, this will show in the property records, and that is money in your pocket, as you will file a dissipation of marital assets claim based upon that information.

Secondly, a private investigator can ascertain all criminal activity, driving records, and behavior of your spouse or your spouse’ live in.   If your spouse “forgot” to tell you about the DUI he/she got, this information may be helpful if you are going for custody of the kids.

Thirdly, a private investigator or forensic computer specialist can access computer files, telephone records, text messages, internet postings on facebook, match.com and the like.  Information is always helpful.   A private investigator can be a great witness at the divorce trial.

If you are being stalked, your car damaged, or other unusual behavior, a private investigator will discover that as well.  There are many other reasons to use a private investigator and/or a computer forensic specialist.  For more information, 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.

Postnuptial Agreements Have Two Purposes.

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are two major reasons for doing a Postnuptial agreement.  First, if done after the wedding, say in the first year of marriage, the postnuptial agreement can reaffirm the prenuptial agreement and all its terms.  It adds a second layer of protection to the prenuptial agreement, making it that much harder to prevail in a challenge down the road.  Postnuptial agreements can also modify prenuptial agreements by changing some of the terms, now that the marriage has taken place.

Postnuptial agreements can also serve as separation agreements where a divorce is not imminent.  It gives the parties a sense of control over separate assets and debts, during a time when the husband and wife may be trying to figure out whether or not to divorce.  Postnuptial agreements can be viewed as separation agreements, or marital settlement agreements should a divorce be filed in the court.

The subject matter of the postnuptial agreement can be anything from asset and debt division to who pays for what household expenses, or what happens to a spouse if he/she gets caught cheating.  They are valid, enforceable agreements if signed under the proper circumstances.  For more information about 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.

Drug Testing, Psych Evaluations, Mental Health Issues In Palm Beach Divorces

By Robin Roshkind, Esquire, West Palm Beach, Florida

Does anyone want a alcoholic parent driving drunk with children in the back seat?  The answer is obvious, but you would be surprised how often this issue comes up in divorce cases in my practice.  Parents have issues too!

That is why, where indicated, I go into court to see the divorce court judge and ask for drug and alcohol testing by court order.  The results will indicate if I need to further ask the judge for supervised time sharing for the erring parent.

The divorce court judge in Palm Beach County divorce cases CAN order the parties to take random drug tests, psychological evaluations, anger management classes, parenting classes, go to rehab, counseling, and all the while, require supervised time sharing with the minor children until any of these problems are cleared up entirely and with proof.

For more information  about this or other divorce topics in Palm Beach County divorces, 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.