Liars, and Cheaters and Fraud…Oh My!

by Robin Roshkind, Esquire, West Palm Beach, Florida

I once heard a divorce court judge address a courtroom full of lawyers, husbands and wives, court reporters and spectators, and what he said will never leave my memory…he said something to the effect that, this is divorce court.. everyone is lying.

Appraisers can place valuations of heirlooms to real estate to benefit the party who hires them…accountants can make the numbers say anything they want to…lawyers can interpret statutes and case law from their ownone sided  perspectives…financial affidavits of husbands and wives generally and regretably leave something off the asset column.  One can conclude divorce court is not an exact science.

So how do you reconcile the difficulties of litigation?  The first and best answer is to stay out of court.  At least in settlement talks the parties can determine their own destinies, like it or not.  The next best step is zealous advocacy.  Hire professionals who really on are your side and are dedicated to doing the best job possible for you.  This includes the accountant, the lawyer, the appraiser, the shrink, and private eye and anyone else you need to rely upon for zealous advocacy.

Lastly, you must not have personality conflicts involved in your case.  If you are not comfortable with your “team” do something about it before it is too late.  You can always change attorneys, CPAs, shrinks, etc.

For more information about this or other hot 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.

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.