Summer Time Sharing and Court Orders

by Robin Roshkind, Esquire, West Palm Beach, Florida

There are court orders in divorce matters that spell out summer time sharing for minor children of divorce.  And there are those among us who disobey these court orders to their own detriment and that of the minor children.

When it comes to summer time sharing, the parent may deprive the “other” parent of their court ordered summer time sharing out of spite, vindictiveness, or a million other reasons.  This behavior is punishable by contempt.  But the time is lost, you say.  While that is true, here is what happens when summer time sharing by court order is disobeyed.

The wronged parent can file a motion for contempt.  If airline tickets or camp fees were paid, the court could order the wrong doer parent to reimburse the wronged parent for all those costs.  The court may also award attorneys fees as well as make up time with the children.

So all is not lost.  It is all just unfortunate, inconvenient, and costly for all involved.  Especially the children who were looking forward to being with the other parent for summer vacation.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN Roshkind, PA at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com for more information. 

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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.

After The Divorce Is Final…A Checklist

By Robin Roshkind, Esquire, West Palm Beach, Florida

The divorce process is full of details, stress, and decisions.  After the divorce is final, you and your divorce lawyer cannot drop the ball and ignore performance under the terms of the final judgment.  Below is a checklist of possible tasks in a hypothetical divorce case:

1.  Record any quit claim or real estate property deeds.  Make sure they are signed by both the husband and the wife, witnessed properly, with proper legal descriptions, and notarized.  Otherwise the recording department at the courthouse will not accept transfer of title on real property.

2.  Roll over any retirement plans by having a qualified domestic relations order QDRO prepared and signed by the judge in your case, and properly approved by the retirement plan administrator.

3.  Change titles to cars, boats or other vehicles by properly executing title documents.

4.  Open new bank accounts, stock accounts, annuities or other investment accounts in your name only.

5.  Cancel joint credit cards, cell phone accounts and the like and open new ones in your name only.

6.  If you are the one staying in the home, transfer utilities to your name only.  If you are the one leaving the marital home, notify the utility companies to remove your name from these accounts.

7.  Change the beneficiaries on your life insurance and other testimentary documents.

8.  Wives need to get certified copies of the final judgment of divorce from the courthouse to change your name on drivers licenses, passports and other legal documents.

9.  Once the dust settles, re read your final judgment to make sure you and your now ex have complied with all its terms.   If your spouse refuses to comply or simply won’t comply with its terms timely or by deadline dates, let your divorce lawyer know.  The lawyer can file a motion for contempt or a motion to enforce a court order against your ex.

For any other questions concerning this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, PA at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com for more information.

Child Support and Visitation May Be Related

By Robin Roshkind, Esquire, West Palm Beach, Florida

In my practice, I often get this question:  If he does not pay his child support, do I have to give him time sharing with the kids?  The answer is YES.  One has nothing to  do with the other.  The remedy for non payment of child support is contempt of court for failing to obey a court order.

On the other hand, child support and time sharing with the children ARE related in terms of amount of time and amount of child support.  If the time sharing arrangement offers 40% or more time sharing to a parent that parent pays less in child support because he/she has the child more than the guideline amount and should have additional funds for the additional time that parent has with the child.  If that parent does not then exercise his/her allotted time sharing, then the other parent can go back into court for a modification of that parent’s child support obligation upward.

For questions about this 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 www.familylawwpb.com for more informaton.

Punishment Happens Sometimes In Florida Divorce Courts

By Robin Roshkind, Esquire, West Palm Beach, Florida

Since Florida is a no fault state, it is very unusual for a husband or wife  to be punished for bad behavior such as adultery, being verbally abusive,  or leaving the marital home.

But there are exceptions.  In the case of adultery, if substantial marital funds were spent on the boyfriend or girlfriend, such as buying him/her a new car or condo, this falls under dissipation of marital assets and the innocent spouse will get more than one half of the remaining assets to make up for the dissipation.   Same with spending marital money on gambling, drugs and excess spending.

The recourse for a verbally abusive spouse is divorce itself, so there is no punishment unless the abuse is physical; this then falls under domestic violence statutes and the wrongdoer can be prosecuted.

Abandoning the marital home is not punishable under Florida law, because a husband or wife does not lose their rights or liabilities to the marital home simply by living somewhere else. 

There is punishment under Florida law for willfully failing to obey court orders.  This is willful contempt of court and the wrongdoer can be sanctioned or jailed.  There is punishment also for running up an attorneys bill frivolously, and for frivolous litigation;  for failure to produce required documents in divorce cases; for causing opposing party to file motions to compel behavior;  for failure to appear at court hearings and depositions.

If you are not sure about your specific situation, 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.

What Happens If You Don’t Show Up For A Deposition?

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are a party to a Florida divorce action, (a spouse), a family member, friend or a witness, or even an expert, you may be requested by notice, subpoena, or court order to attend a deposition.  This is where the opposing counsel or the other party gets to ask questions or see documents to obtain information that may or may not be helpful or relevant to their case.  Information obtained through depositions are evidentiary and can be used at trial or at hearings.

If you do not cooperate by showing up at the appointed time and place, the party calling for your deposition can then set a hearing before a judge asking for a court order to have you to pay for everyone else’s time, including the court reporter who was there to take down your words for a transcript.

You may also be found in contempt of court, if your deposition was set by court order.   So think twice about not showing up for your deposition or producing documents, if requested.  For more information about trial procedures, discovery 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.

Divorce, Children and the Holidays

By Robin Roshkind, Esquire, West Palm Beach, Florida

At this time of year, divorced parents often face problems with holiday timesharing of children, even where court orders are in place.   Sometimes children just don’t want to go, or a parent does not want to part with the child.  Unfortunately, courts in South Florida do not see these matters as emergencies, and so the violating parent may get away with the stunt, at least for a time enough to ruin vacation plans of the other parent.  However, eventually,  the violating parent may be held in contempt of court, or worse face a custody battle and risk losing holiday timesharing next time.

The violation is contemptable.  The proof would be that the violating parent had no good legal reason to withhold timesharing of the other parent.  The downside is that the violating parent succeeds, at least this time.  Getting into court quickly to avert the violation is very difficult.  The issue normally has to be dealt with after the fact.  If you have such a complication for the holidays, call one of the attorneys at the Firm asap or click on the Robin Roshkind, P.A. website at www.familylawwpb.com for additional help and information.