Most popular divorce disputes.

By Robin Roshkind, Esquire, West Palm Beach, Florida

There are some issues in divorce cases that are typical problems common to many cases.  The biggest fight issue of all is custody, which, incidentally, is now called “parenting plan” or “time sharing”.  

Fighting over the kids is not always on its face about the children.  But rather it is often about the child support check which goes to the parent who has the children most of the time.  This is “free” money as in the recipient spouse does not have to pay taxes on it as income.

Another often disputed issue is alimony.  Husbands (usually) don’t want to pay any alimony on a monthly basis.  They would rather give the wife a bigger portion of the marital assets, or incur a greater portion of the marital debt to avoid writing that monthly alimony check.  It is psychological.

A third highly disputed divorce issue is relocation with the children.  Again often this is about the money, not the kids.  As in time sharing disputes, these hardly ever settle.  Divorcing couples leave it up to the judge to decide which parent is more correct, the one moving away or the one staying.  What it really boils down to is the best intersts of the child.

Valuation of a business or one’s income if self employed are also hotly disputed issues.  If you or your spouse encounter these specific issues in your divorce, chances are you need independent divorce attorneys to help and advise you. For questions, call  the lawyers at Robin Roshkind, P.A. at 561-835-9091 or click on the ROBIN ROSHKIND, P.A. website at www.familylawwpb.com.

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Custody, Child Support and other Children’s Issues in Divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Many issues in divorce situations can be settled by the husband and wife, who agree to split assets and debts of the marriage.  But one issue that almost never settles, and therefore, has to be litigated, is CUSTODY.  The question becomes, “Where are the children going to live?” “Which parent is going to have day to day responsibility for the children?”  What about parenting styles?  If there are two good parents, this becomes a very difficult question.  In other cases, where one of the parents is an alcoholic, drug addict, neglects the children, or otherwise is an inferior parent for mental health reasons, or whatever, these cases are clearer.  But in cases where there are two decent parents fighting for custody of the children, it is the job of the judge to decide where the best interests of the children best lie.   Custody, as a term of art, is being replaced in new laws using the term “parental time sharing” or “parenting plan”.  However, the children must live somewhere, and that is usually where the custodial parent resides, for all intents and purposes.

Aside from custody, child support is paid to that custodial parent by the other parent. The amount is statutory, calculated in Florida by using the combined monthly incomes of the husband and the wife.  Florida Statute Chapter 61.30 is for your reference, the child support statute. Lawyers have special softward to determine the amount of child support in a case, taking into consideration all other deductions.

Speaking of deductions, here are the other issues in a divorce case involving children.  Who gets the head of household tax deduction yearly?  Who takes the dependency exemptions on their tax returns?  Which parent gets the child care tax credit?  Which parent covers the children’s health insurance for a credit?  What about uncovered medical expenses for the children?  Who pays for private school or sleepaway summer camp?  What about other activties like tennis lessons or piano lessons?  What happens if one parent wants to move far away?  What if the “custodial parent” wants to move away WITH the children?

If the husband and wife cannot agree to these ongoing concerns of the children, then the judge will decide the family’s future.  For more information about children’s issues in divorce, call the law firm of Robin Roshkind, P.A. for a consultation with one of our attorneys at 561-835-9091.  Or view the web site at www.familylawwpb.com.