Reasons Marriages Fail

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are many reasons for divorce, and we divorce lawyers know that every divorce case is different.  The themes (i.e.child support, alimony) are the same but every marriage has its own intricacies.

Here are some reasons marriages fail:

1.  Marrying too young and growing apart.

2.  Huge age difference.

3.  Having children.

4.  Sickness of the spouse or children.

5.  Financial problems.

6.  Loss of job.

7.  Being divorced previously or being a child of divorce.

8.  Abuse, physical or mental.

9. Different values.

10.  Different religions.

There are many other reasons marriages fail such as meddling in laws or outside influences, cheating, and mistrust.  If you see yourself in any of these circumstances, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. for more information at 561 835-9091 or click on the Firm’s web site at www.familylawwpb.com.

Divorce Has Changed With The Economy

By Robin Roshkind, Esquire, West Palm Beach, Florida

It used to be that husbands and wives would fight in divorce court over which one of them is going to keep the marital home.  Now, with mortgages being more than the house is worth, couples are fighting over who is NOT going to keep the marital home.

Also, couples sometimes get their divorce but remain real estate partners for a time to be determined later because they do not wish to sell the marital home in this poor market.

With the job market being so tight, couples who are in a marital business together, are staying together in that business AFTER their divorce, because jobs are scarce.

The moral of the story is not to burn bridges…an amicable divorce is always better than a nasty divorce, because you just never know what can happen.  In today’s economic environment, couples may have to collaborate on much more than their collaborative divorce.  Certainly where children are involved, you stay “married” to your ex for at least as long as the children are minors.

  If you are thinking about getting divorced in Palm Beach County, Florida, 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.

Modification of Alimony…What You Need To Prove To Increase Your Payments

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are the recipient of alimony, and are just squeaking by, there are several things you can do to try to get more in alimony payments from your ex spouse.

First, you have to read your agreement and/or final judgment to make sure your alimony award is not “non modifiable”.  If it is, there is nothing you can do.

Barring that, if you would like to increase your alimony payments, the following needs to be proven in a court of law, since alimony modifications hardly ever settle in mediation:

1.  You need a substantial change in circumstances since the original alimony award.

2.  You have to prove need (yours) and ability to pay (your spouses).

3.  Lifestyle indicators of both you and your spouse would be evidentiary and necessary.   For example if you are two months behind on rent, have your landlord testify on your behalf.

4,  Since you are asking for financial relief, you and your spouse will have to file updated financial affidavits with the court.

5.  If you have a job loss or paycheck cut bring proof.

6.  Same for medical bills, if you are claiming a need for more alimony due to health reasons.

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 www.familylawwpb.com for more information.

Modification of Alimony…What You Need To Prove To Reduce Your Payments

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are the payor of alimony to your former spouse, there are certain conditions under the laws of the State of Florida which allow you to modifiy to eliminate your alimony obligation.

The first thing you need to look at is whether or not the alimony is ‘non modifiable” by agreement of the parties.  If it is non modifiable, then the judge cannot interfere with that agreement and change the alimony obligation.

Barring that, to modify your alimony obligation, you need to prove the following:

1.  That there is a substantial change in circumstances since the agreement or the trial awarding your spouse the alimony in the first place.

2.  That your spouse is perhaps living with a paramour who is supporting him/her financially.

3.  That you have had either a job loss or substantial pay cut.

4.  That your former spouse has had either a substantial raise/bonus or has won the lottery.

5.  That the lifestyle indicators of your former spouse warrant a change.  For example if you suddenly see your former spouse driving a Rolls  or living in a mansion, you know something is different.

Modification of alimony obligations hardly ever settle.  Usually a court hearing is required and so is the proof of your case.  For help with this issue, 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 “Causes” Divorce?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Many married couples go along not realizing how a relationship can deteriorate into a bad situation.  Then when their partner mentions divorce, they are completely taken by surprise.

The list is a short one as to the main causes for divorce: sex, money, power.

Take sex first…either there is not enough sex in the marriage, or no sex, or sex outside the marriage.  Affairs, adultery, cheating, broken loyalty and broken trust is the result.  Irreconcilable differences arise.

Re: money, financial strain on the marriage causes arguing as to what bills go unpaid, foreclosure of the marital home, loss of job or income, laziness to find work, mounting expenses… all are ripe grounds for discontent, dispute and divorce.

Then comes power, which can result in controlling behavior of one over the other.  Verbal or physical abuse, domestic violence claims, criminal behavior of stealing a spouse’ personal property (like jewelry or tools), is the result.

Other causes of divorce include mental health problems, issues with in laws or extended families, children of another marriage, drug or alcohol use. While each case is different, if you see yourself in any of the above scenarios, consult with a divorce lawyer immediately to protect your rights.   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.

Support payments and the lost job…what to do.

By Robin Roshkind, Esquire, West Palm Beach, Florida

You are divorced two years and you are court ordered to pay child support.  In this economy, your company has fired you due to a payroll cut back.   You are seeking employment but it’s been a month so far and no luck.  What should you do?

You need to file a motion to abate child support payments pending finding employment.  If you do not, you may unjustly face contempt of court charges. 

There will be a court hearing before a judge on the motion to abate payments, at which time the burden of proof is on you to show that you are actively seeking employment. 

If you should get another job at a higher or lower rate of pay than your prior payheck, if there is a 20% difference between what you are earning on the new job and what you were earning on the old job, then a modification of child support is required, either upward or downward depending upon your current salary. 

For more information about this or other family law topics, call on one of the attorenys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.