child support
New Year Time To Divorce?
New Year Time To Divorce?
By Robin Roshkind, Esquire, West Palm Beach, Florida
It’s a new year…time to face facts: and change jobs, go on a serious diet or leave your marriage. In all cases, it’s about time! Make some improvements in your life. Life IS too short.
Whether you are collecting alimony or paying it, it is worth it. Whether you have the kids part time or full time, it is worth it. Whether you need to move out or move on, it is worth it. Seeking alimony, child time sharing, child support, or enforcing court orders you already have, are worth it!
Whether you are going to mediation or divorce court, it is worth it. Call a divorce lawyer to find out your rights. It is worth it! For more information about divorce call one of the 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.
All I Want For Christmas Is A Divorce. How Do I Get One?
by Robin Roshkind, Esquire, West Palm Beach, Florida
You start by taking stock…of your situation, your family finances, your assets and your debts. Educate yourself as to your spouse’ income, his/her spending, and whereabouts. Then pick up the phone to a divorce lawyer.
Once you have a good idea of the value of your house, your stock accounts, your incomes, get your hands on your tax returns, bank statements, credit card bills, mortgage papers, loan applications, insurance documents, estate planning instruments, and anything else that evidences money.
Remember in Florida, there is no fault divorce; there is equitable distribution of marital assets and debts, and there is premarital property that may or may not have been comingled. There is also permanent alimony, durational alimony, bridge the gap alimony, and no alimony. There is child time sharing, child support, shared parental responsibility, or sole parental responsibility.
There is money for attorneys fees and costs, or not. There is mediation and settlement, or trial. There are depositions, mandatory financial disclosure, and penalties for not producing financial disclosure. Divorce is a process, but in certain circumstances, it is the best gift you could ever give yourself. You don’t need his/her permission to get a divorce in this state. 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.
Divorce Depositions And What To Ask
How To Navigate The Deadlines In Divorce Litigation
By Robin Roshkind, Esquire
Divorce is a process. It takes time to get from one point to the next. First, when you file, your petition for dissolution of marriage, the other spouse must be served with divorce papers. Once served, that spouse has 20 days to file a responsive pleading and/or a counter petition for divorce. Should a counter petition be filed, you, the filing spouse, have 20 days to respond to that counter petition. Then comes the discovery and disclosure of financial information. A financial affidavit must be filed along with supporting documents given to the other side. Motions to compel mandatory disclosure may have to be heard by the judge. However, once all the disclosure requirements are met, the parties can set a mediation in an attempt to settle the matters in dispute. At this point, you have already spent 3 to 6 months or longer to get to mediation. At mediation, the divorce may fully settle, partially settle or there may be no settlement at all. If there is no settlement, a temporary relief hearing will be scheduled before the judge. Typical relief is child support, alimony and attorneys fees to finance the litigation of this pending divorce.
This, of course, is an overly simplified discussion of the process and curve balls may get in the way, costing time and money. The important thing to do is talk to your lawyer and understand the time lines, so you don’t have unrealistic expectations. 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.
How to “Work the System”…Imputation of Income
by Robin Roshkind, Esquire, West Palm Beach, Florida
In my continuation of “working the system” in divorce court blogs, I must qualify that I am only licensed to practice law in the State of Florida. Therefore, all my information is based upon Florida law. Marriage and divorce laws change with each state.
In Florida divorces, there is such a thing as “imputation of income”. Income of a husband or a wife is especially important when it comes to issues such as child support, alimony and any request for an award of attorneys fees. PRESENT ability to pay is important for temporary relief hearings pending the actual divorce proceedings.
But at the end of the process, when it comes down to the actual trial, the divorce court judge may look at a party’s earning history over the last three to five years, not just the present day income. As a result of that employment history, the court may “impute” an income to a spouse, and enter a ruling “as if” the spouse was in fact earning that income, even though in reality they are sitting on the beach waiting for this case to be over.
Often, to impute an income, in addition to any earnings history, the judge might also consider a vocation evaluation. That is when a party is evaluated as to their age, health, education and marketable skills set, and the evaluator, as expert witness, testifies as to what that spouse could be earning if employed. The divorce court judge then has the discretion to impute an income to that spouse as if he/she were employed earning that income and enter an order based upon that imputed income.
Vocational evaluations are granted by court order after a motion is made and a hearing is set. They are helpful tools in imputing an income to an under employed or unemployed spouse for purposes of awarding alimony, child support and attorneys fees. 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 Is Contempt Of Court In Palm Beach County Divorce Cases?
by Robin Roshkind, Esquire, West Palm Beach, Florida
Contempt of court under general law is a WILLFUL disregard for court orders. What that means is there has to be intent to violate a court order. The intent could be out of vindictiveness, punitive in nature, out of anger, or in some other way meaningful intent to violate the court’s ruling.
In divorce cases in Palm Beach County, this could mean many things. Where a court order states that certain documents are due by a certain date, if this is not complied with, the court may hear a motion for contempt for violation of such an order. The burden of proof is upon the movant who is filing the motion. The movant would have to show the court that the order could have been complied with, but was not, out of willful intent. Not out of inability.
Most motions for contempt of court are filed with regard to court orders to make some form of payment from spouse to spouse. This could be child support, alimony, attorneys fees, or some other form of equitable distribution or some other action court ordered in the divorce case. If a party is ordered to make a payment to another party, and willfully with holds that payment although the funds are readily available, that is contemptible. If a party simply does not have the means, that is an affirmative defense to a contempt claim. That party then should file a modification based upon a change of circumstances since the court order was entered.
For more information about motions for contempt or petitions for modifications of alimony, child support or other issues, 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.
Hot Topics in Divorce Blog 