Florida Divorce * Child Custody * Domestic Violence Law Lawyer | Boca Raton

Divorce information, advice and help on questions about rights under Florida divorce, alimony, property, child support, custody, visitation and domestic violence laws, cases, procedures and guidelines from Fort Lauderdale Broward & West Palm Beach County divorce lawyer Janet Langjahr

July 12, 2008

A Very Nasty Florida Divorce

Posted by Filed under Child Custody or Parental Responsibility, Divorce, Marital Agreements - Prenuptial or Post Nuptial Settlements, Property Division, Assets Split or Equitable Distribution.

Local Boca Raton area couple divorced in 2001.

As part of an agreement between them, Husband paid Wife an extra $1.5 million on the condition that she not fight him for custody of their children. There were also provisions to block Wife from fleeing the jurisdiction with their children.

If Wife later challenged any part of the settlement agreement, the agreement required her to refund the $1.5 million paid to her.

Wife sheltered her settlement money offshore.

In 2003, Wife accused Husband of violating their agreement – and sought a modification of the settlement.

The Court ruled that her sought-after modification was a challenge to the settlement agreement, and ordered the Wife to refund the $1.5 million. The Court subsequently held her in contempt.

Warrants were issued for Wife’s arrest. And then Wife went on the run.

For two years. But Wife finally turned herself in early this year.

And served five months in confinement. Before agreeing to refund $1 million into a trust fund for the couple’s kids.

As part of this latest settlement agreement, Wife agreed not to contact their younger kids except by mail or e-mail, or to see their older minor child except under supervision – if the child gives written permission for any visitation. Wife also agreed not to live in the same town as the children – or any neighboring towns either.

And if Wife violates this settlement agreement, the agreement entitles Husband to recover not only the $1 million but also additional monies that he claims she owes him for her previous violations.

This case went up to the Florida Supreme Court while Wife was a fugitive. Three of the justices actually questioned the legality of the original settlement agreement, at least as to custody. But the majority of justices refused to entertain that position of the Wife while the Wife was on the run.

Read more in this Palm Beach Post article: Jailed mom let go, will return some divorce money.

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