Martindale-Hubbell
The National Advocates
The National Advocates
National Board of Trial Advocacy
The Florida Bar
Best Lawyers
Client Distinction Award
The National Advocates

Published on: | by

A mother asked for a South Florida attorney’s advice regarding the shared parental responsibility of her minor child. The mother and father divorced in a Fort Lauderdale divorce court six years ago and as part of their parenting plan the parties implemented both shared parental responsibility and a time sharing schedule. As part of their marital settlement agreement, the couple agreed to raise their minor child in the Jewish faith. However, when the father remarried a Catholic woman sometime after the divorce, he began exposing his child to the Catholic Religion.

The mother was concerned because it appeared the new religious experiences both confused and upset the child. First, the marital settlement agreement specified that the parents would share parental responsibility which means that the parents must cooperate on their selection of schools, doctors and even religious affiliations. Second, because the marital settlement agreement specifically stated the minor child would be raised in the Jewish faith the father’s conduct is in violation of the agreement and the court’s final judgment.

The mother could file a Motion for Contempt and Enforcement. This means that the mother would ask the court to coerce the father to stop violating the marital settlement agreement, thus in effect forcing him to comply with the terms of the agreement.

Continue reading ›

Published on: | by

Suppose you are a South Florida couple thinking about obtaining a divorce in Broward County, but you have been falling deeper and deeper into debt since you got married. Which should you file for first: bankruptcy or divorce? Theoretically, it is easier to file jointly for bankruptcy first, and then seek a divorce in Fort Lauderdale. This is because after filing for joint bankruptcy the couple’s debt is cleared, thus leaving one less thing to argue about during the divorce in the Seventeenth Judicial Circuit Court.

However, in practice, filing for joint bankruptcy first may not be in the parties’ best interest. First, the parties must be able to get along well enough to do so, as well as trust each other to list all of their assets and liabilities correctly. Second, if one spouse has openly committed fraud, then the couple will want to file separately so that the innocent spouse is not bothered by problems that will arise regarding discharge of the other spouse’s debt.

Because each marriage presents unique situations and circumstances, it is best to consult with an attorney before filing for either bankruptcy or divorce. Despite the ease associated with filing for joint bankruptcy first; nevertheless, there are a variety of financial considerations that could make filing for divorce first a wiser decision for the couple.

Continue reading ›

Published on: | by

A collaborative divorce is becoming popular in Fort Lauderdale, Florida, and its hype is sweeping throughout Broward County. With a collaborative divorce, obtaining a divorce does not have to be a bitter battle between you and your spouse. Instead, the process leading up to a divorce has the potential to be amicable, and may even be happy! Whether you reside in Hallandale, Weston, Hollywood your should ask your Florida divorce attorney to explain to you the benefits of a collaborative divorce.

The notion behind a collaborative divorce is to dissolve a marriage as efficiently and peacefully as possible. Before talks even begin, both the husband and the wife seek their own attorney. The attorney is hired specifically to provide legal advice and guidance, not to wage war. After the parties have hired individual counsel, the husband, the wife and their respective attorneys sign an agreement to share all information regarding the divorce. Additionally, the parties agree that if either the husband or the wife back out of the collaborative divorce process, the attorneys will withdraw from the case as well.

Not too much goes on behind closed doors. Instead the parties come together before a neutral mental health professional, who guides the parties into productive discussions and minimizes their bickering. Additionally, this professional helps the parties to design a parenting plan with the goal of achieving what is in the best interests of their children. Also, a neutral financial advisor is present to help the parties divide their assets and liabilities.

Continue reading ›

Published on: | by

In Anderson v. Department of Revenue, the Fourth District Court of Appeals reversed a Broward County, Florida divorce court decision holding an indigent father in contempt of court for his failure to pay child support and for setting a purge of $5,000.00. Judge Alfred J. Horowitz, a divorce judge in Fort Lauderdale, Florida ordered Mr. Anderson to pay $5,000 in child support arrears within 48 hours to avoid jail time. Mr. Anderson timely appealed Judge Horowitz’s order to the Fourth District Court of Appeals because he was indigent; and therefore, would not be able to make the immediate $5,000 payment. The trial court determined that Mr. Anderson was indigent purposes of his appeal.

Mr. Anderson was in child support arrears over $50,000. Even though he owed a substantial amount of money, the Fourth District Court of Appeals held that the trial court committed reversible error in finding Mr. Anderson in contempt of court and thereafter determining that he was indigent for the purposes of the appeal. The Court reasoned that the finding of indigent status evidenced an inability to pay the $5,000.00 purge.

When a party is requesting that a court find an obligor in indirect civil contempt of court, incarceration cannot be used as a means to seek compliance with the court order when the contemnor does not have the present ability to purge himself of contempt. The contemnor must have the key to the jailhouse door.

Published on: | by

Yesterday, I posted a blog that discussed problems in a marriage which may lead you to the Broward County Courthouse for your divorce. If you are experiencing marital problems and are considering a divorce, you should consult a divorce lawyer in Fort Lauderdale, Florida to discuss your marital and family law problems.

One of the issues that may lead you to speak with a lawyer about a divorce, alimony or child support case is due to the fact that you and your spouse never talk about problems. This can cause big conflicts. If you can not address issues rationally and work towards solutions then you are in marital trouble.

Another warning sign of a troubled marriage is when you are happier when you and your spouse are separated. You should enjoy the time spent with your spouse more than you enjoy the time that the both of you are separated.

Continue reading ›

Published on: | by

There are often many signs that indicate that your marriage may wind up in the Broward County, Florida divorce court. While not every marriage with problems ends in divorce, many do. The signs of a troubled marriage may lead you to the Seventeenth Judicial Circuit Court in Fort Lauderdale, Florida where you will ultimately receive your divorce.

One of the first warning signs that your marriage may be heading towards trouble is that you and your spouse are always fighting. This may be shown through constant fights over major issues or minor bickering. If you are doing nothing more than fighting, then you are headed towards trouble.

Another warning sign is that you no longer have fun with each other. If your time is never fun anymore, you need to re-evaluate your relationship to find an activity that you both enjoy. This will make the time that you spend together not so painful.

Continue reading ›

Published on: | by

In Rose v. Rose the Fourth District of Appeals recently reviewed a Final Judgment of Dissolution of Marriage entered by Judge Renne Goldenberg, a divorce judge in Fort Lauderdale, Florida. The father appealed the trial court’s order granting the mother’s request for an extension of the father’s child support obligation until their daughter graduated from high school. The Fourth District Court of Appeals reversed the decision of the trial court located in Broward County, Florida.

In 1994 when the parties were divorced, they had agreed that the father would pay child support for each minor child until “they reach the age of majority, marry, die, graduate from high school or becomes self supporting, whichever occurs first.” Three months before their daughter reached the age of majority, the mother petitioned the court for modification of child support. Because their daughter would turn eighteen while still in high school, the mother requested the court extend the father’s obligation until the child graduated from high school. The trial court granted the mother’s request and entered summary judgment for her concluding that the child’s passage to majority while still in high school constitutes a substantial change not contemplated by the parties.

In order to modify your child support obligation, a party seeking modification must prove that there has been a substantial change of circumstances and must show that this change is significant, material, involuntary and permanent in nature. Here, the parents had specifically contemplated in their marital settlement agreement the time when the father’s support obligation would terminate. The Fourth District Court of Appeals did not agree that the parents had failed to contemplate their child reaching the age of majority before graduation when the parties listed this as an event that would terminate the child support obligation. Finally, the court explained that the parent’s obligation to support their children is limited to their minority and dependency except as provided for in Florida Statute, § 743. 07(2).

Continue reading ›

Published on: | by

Whether you reside in Weston, Hollywood, Hallandale, Cooper City, or any of the cities in Florida it is important that you minimize the pain that a child suffers during your divorce. Many parents do anything and everything to avoid upsetting their child during the dissolution of their marriage in Fort Lauderdale, Florida. However, the best of intentions are often forgotten when a couple begins the process of a divorce in Broward County, Florida.

Key factors that affect a child’s ability to cope with their parents divorce are the quality of contact with both parents and the level of contact between them. During a divorce, you must provide a stable environment for your child at a time when, ironically, you may feel that you are least able to provide it.

The following are important tips how you can minimize the impact of a divorce on your child:

Continue reading ›

Published on: | by

Child support in Broward County and throughout the state of Florida has fallen behind due to a new $5,000,000.00 computer system that is behind schedule.

One of the more important problems deals with automation. Receiving information from computer systems of other state agencies was not fully automated to handle unemployment and other benefits that are deducted from support payments. The child-support computer system cannot always determine how much should be deducted, so those support payments get stalled indefinitely, adding to the $28 million in undistributed payments.

Another problem with the current system is security. More than 50 former Department of Revenue employees could access the system for up to several months after they were no longer employed. Changes were in place to fix the security problems

Continue reading ›

Published on: | by

In Scarti v Scarti, the Fourth District Court of Appeals recently reviewed a Florida family law court’s final judgment of paternity where the father challenged the amount he owed to the mother for retroactive child support. In particular, the father appealed the amount of income that the trial court imputed to the mother. In determining the amount the father had to pay to the mother pursuant to the child support guidelines, the court imputed $2,031 net monthly income to the mother.

The mother had a high school GED. In 2004, she earned between $1,000 and $4,500 a month operating her own landscaping company. She also testified that the most she ever earned in a year was $22,000. Her only other work experience was as a waitress at the age of seventeen and working in her mother’s flower shop. Based on her education and prior work history the court imputed $2,031 per month which totals $24,372, more than the mother earned in a given year.

The Fourth District affirmed the imputation of income to the mother in the amount of $2,031 and found that this was not an abuse of discretion.

Continue reading ›