Florida Divorce * Child Custody * Domestic Violence Law Lawyer | Boynton Beach

Transplanted residents from other states are often surprised by this one … and sometimes clobbered.

Florida has a constitutional protection called homestead.

What homestead does, among other things, is require that the legal spouse of a homeowner:

1. join in any deed of a home to a third party and

2. join in or consent to any mortgage on a home

Florida confers these rights and protections on spouses by virtue of their legal status of being married. How the property is titled or when the property was acquired is irrelevant.

So … a married spouse cannot sell a house they own, or mortgage it, unless the other spouse joins in the transaction or signs a written consent to it.

And a spouse generally won’t be able to get a away with lying about their marital status.

Title insurance companies conduct public records searches that are bound to foil any such lie. When couples divorce in Florida, a final judgment is recorded, just like a deed or mortgage.

Read more in this Sun Sentinel column House Keys: Ask a real estate pro: Do I need my estranged wife’s consent to sell home?.

Mother and Father live in British Columbia, Canada.

Mother and Father have three year old Son together.

Mother and Father break up.

Mother allegedly abducts Son to the US.

Canadian family court awards Father sole custody of Son.

Mother manages to remain at large with Son for seven years, despite Father’s efforts to locate Son.

Mother reportedly flies into a rage while in a laundromat in Arizona, allegedly because Son bought some candy.

Police are summoned.

And discover that Mother is wanted in Canada for parental child abduction.

Police arrest Mother for disorderly conduct.

Son is taken into child protective custody.

Son is then returned to Father, who comes to Arizona. Father plans to bring Son back to Canada (and his two older siblings, Sisters).

Due to the age at which Son was taken, he barely recollects Father or Sisters.

Unrepentant, Mother defends her actions and insists that Father is not Son’s father … despite a DNA test reportedly proving that he is.

Son can undoubtedly look forward to a big adjustment.

Arizona authorities are working with the Canadian courts to find a way to extradite Mother to Canada.

Read more in

• this Vancouver Sun article: Boy’s return to Canada means new set of challenges for family

• this CTV News article: ‘Valor’s had a good life,’ mom says from jail and

• this Calgary Sun article: Missing boy’s father a stranger

Tennessee Husband and Wife have a Son together.

Husband and Wife divorce.

Son now lives primarily with Husband.

Husband learns that Son is not Husband’s biological offspring, but rather the product of an affair by Wife.

Husband sues Wife to recover child support and for damages due to emotional distress caused by Wife’s fraud.

At trial, the family court awards Husband $26,000 in child support and $100,000 in emotional distress damages.

Wife appeals. And the intermediate level appellate court strikes the financial awards to Husband.

Husband appeals. And the state Supreme Court will address for the first time whether a defrauded father may sue for child support and/or damages due to paternity fraud.

This is an issue that will not go away. After years of lobbying by men’s rights groups, numbers of states, including Florida, passed legislation permitting legal fathers to disprove that they are the biological fathers of their legal children and avoid future child support payments.

The catch is that the legal father must mount his legal challenge pretty quickly. And that is believed to be true in the other states as well as Florida.

Further, the sole remedy to date is believed to be termination of child support, but not recovery of previously paid support – or damages. That would represent a significant departure and a new page in our law books.

Not to mention the impact it would have on the innocent children who are the subjects of these disputes.

Read more in this WREG TV News 3 article: Tennessee Supreme Court could determine whether paternity fraud is grounds to sue and this Insurance Journal article: Father’s Day: Tennessee Court Considers Paternity Fraud, Damages.

Times may be tough, but the US Supreme Court isn’t budging.

There has long been debate on whether the government should provide attorneys to parents defending in child support enforcement cases.

Some states have decided that, yes, under their state constitution, the government should afford counsel to defendants in child support contempt cases.

Their rationale: if a court holds a parent in contempt, the court can incarcerate them. Such a case is therefore similar to a criminal case, in which there is a right to counsel.

In a recent case before the US Supreme Court, however, the high court ruled not to extend the right to government-provided counsel to child support enforcement cases.

The court justifies its holding because defendants in support enforcement proceedings can earn their own release simply by complying with the court’s order. Not so in criminal cases.

If the parent pursuing enforcement has an attorney though, then the defendant is entitled to certain “substantial procedural safeguards”, but not publicly funded legal representation.

In the case before the Supreme Court, a South Carolina father contended that he was poor and unable to meet his support obligations. But, without a lawyer, he argued, he was unable to present his defense effectively.

The court was mindful of the fact that many parents seeking enforcement of the other parent’s support obligation often don’t have attorneys themselves.

Procedural safeguards include notices that ability to pay is a key issue in the case, requiring the court to make findings as to the defendant’s ability to pay.

Read more in this New York Times article: Court Issues Split Ruling on Poor’s Right to Counsel and this New York Times editorial: Legal Help for Indigent Parents.

In a significant number of divorces, the divorcing couple have one or more pets.

Under the law, pets are characterized as property and treated accordingly.

But some, if not all, family members, think of family pets as part of the family, even like children.

And the fate of the family pet or pets in divorce court can be complicated … and cold.

A pet health information website recently sponsored a study of the role and influence of pets in family life. It can be substantial.

Among other things, the survey concluded that a whopping ninety percent of pet parents (sometimes called “owners”) would give up money in a divorce in exchange for their pets.

And fight harder over their pets than over money.

Domestic abusers often use family pets to exert control over their victims. And victims of domestic abuse often remain with their abuser longer than they otherwise would out of concern for their pets.

Read more in this Huliq article: Animal lovers choose pets over alimony and presidential candidates.

New York state has just legalized marriage for gay couples, effective thirty days from now. This new law makes New York the sixth state and the largest state to recognize gay marriage.

Passage of the law in New York is anticipated to be a catalyst for a sea change for gay marriage in the US. With New York’s large, influential and mobile population, married gay couples will soon travel and relocate into other states and challenge their attitudes and law regarding gay marriage.

Academics and others look forward to the prospect of now being able to obtain adequate statistical samplings from which to draw conclusions about the economic impact of gay marrage on society, such as on employment benefits, including retirement and the wedding and hospitality industries.

And, with the advent of gay marriage in New York, gay divorce cannot help but be far behind.

Additional economic data to be watched will be the impact of gay marriage on divorce rates among the general population, as well as the gay population, and the impact on professionals who deliver services related to breakups and divorces, from lawyers, to marriage counselors, to divorce coaches, to domestic violence counselors, etc.

Read more in this New York Times article: New York Allows Same-Sex Marriage, Becoming Largest State to Pass Law and this Reuters news article: National impact from New York marriage law: experts.

Whether it’s the economy or other forces at work, prenuptial agreements, or prenups, continue to gain popularity. While it used to typically be the husband-to-be who requested a prenup, these days it is slightly more likely to be the wife-to-be seeking it.

Prenups are no longer just about protecting assets. In this age of runaway debt, they are also about protecting one spouse from the other’s debt.

Some common mistakes to avoid are:

• Getting it done with only one attorney and thinking that that attorney represents both fiances. One attorney cannot represent the interests of both intendeds.

• Not knowing the property division law in the state in question.

• Not knowing how to enter a calm and clear-headed discussion about the issues with the other future spouse.

• Not carefully reviewing the agreement and not taking its words at face value. The less-endowed partner should be wary of provisions intended to regulate behavior … or deny the existence of any marital property that the less endowed spouse would leave the marriage with.

• Giving up too much without adequate consideration of long term consequences. For example, how would a stay at home caregiver and homemaker for many years support themself in the event of divorce if they waive alimony in the agreement?

Read more in this Reuters Wealth piece- Prenup: 5 ways to protect your assets and your marriage.

Mississippi Husband and Wife have a Child who recently graduated from high school.

Child now works, either full-time, perhaps on a summer job, or part-time.

Husband is a dentist.

Husband allegedly takes all money received from relatives for Child over the years, for birthdays, graduations and the like.

Couple files for divorce.

In the divorce, Husband subpoenas Child’s employment records regarding her salary information.

Husband and Wife are paying for Child’s college education. Child earns a $1,000 scholarship – and Husband demands “his share” of same.

Child objects.

Child is shocked and appalled by Husband’s attitude.

Demonstrating Child’s inexperience with divorce.

Having said that, divorce is governed by state law and may vary from state to state.

Where the parents have an obligation to support a child in Florida, the child’s independent income, be it salary or a scholarship, is a legitimate consideration in determining child support awards under Florida child support law.

But, in Florida, child support obligations end when a Child turns eighteen and has completed high school.

As many people discover when they first become involved with the legal system, the law is often totally unrelated to what many may consider “right” or “moral”.

And all that matters in family court (or any court) is the law.

Read more in this [South Mississippi] Sun Herald column: Misguided parent shows his vindictive side.

Connecticut Husband and Wife’s marriage is breaking up.

Husband is a geek, I mean technology columnist for none other than the erudite New York Times and correspondent for CBS News.

Wife was a plastic surgeon.

Recently, Husband was exercising visitation and timesharing with their three Children.

Wife came to the scene during Husband’s timesharing.

And the two professionals reportedly “got into it”.

Wife allegedly bit Husband on the arm.

And Husband allegedly struck Wife on the head with … her iPhone.

Both spouses were arrested on misdemeanor disorderly conduct charges.

Demonstrating yet again that domestic abuse encroaches into all professional, economic and social circles.

At their second appearance in court, however, the charges against both spouses were dismissed.

Read more in this Stamford [CT]Advocate news article: Charges dismissed against New York Times tech writer David Pogue and wife and this Westport [CT] Times news article: Charges dismissed against NY Times tech writer David Pogue and wife.

Oklahoma Husband and Wife are divorcing.

Husband and Wife have Children together.

Children are removed and taken into protective custody because Husband uses a “sex toy” in the presence of one of their Children.

Wife drops Husband off at a lake for a fishing trip.

After Husband’s scheduled return, Wife allegedly files a report with the police to the effect that Husband has gone missing.

Due to changes in Wife’s account, police arrest her.

Wife later reportedly admits that Husband solicited her assistance in staging his death.

Husband is said to have been looking to avoid outstanding warrants for his arrest. And to start a new life after a sex change surgery.

Wife reportedly went along with Husband’s plan to be done with Husband and in the hope of re-gaining custody of Children.

Both Husband and Wife now stand charged with conspiracy to commit a crime by filing a false police report.

Read more in this Oklahoman news article: Divorcing Stillwater couple accused of trying to fake man’s death.

New Zealand Husband and Wife’s marriage hits the rocks.

Husband is – or at least was – quite wealthy. In 2006, Husband disclosed to a potential creditor assets worth $28 million and an annual income of $1 million.

According to Wife, Husband owns about 135 businesses and numerous properties and trusts.

Wife, on the other hand, appears to be on public assistance due to Husband allegedly withholding reasonable support.

In response, Husband claims to be bankrupted by $180 million in debt and contends that the couple’s debt exceeds their assets.

The New Zealand Family Court freezes Husband’s bank accounts and stocks.

Wife asserts that Husband’s life style has been constant since before the divorce, although he may have created an appearance on paper of hardship.

The New Zealand Family Court appears to be stuck in the middle, persuaded of the reality of Husband’s enormous legal debt load.

The couple separated in 2007 and their case was filed in or before 2008. But there does not appear to be an end in sight.

Read more in this New Zealand Stuff news article: Bankrupt keeps life of luxury says wife.

Today was Father’s Day.

While many fathers celebrate their day with their children, some fathers don’t get to see their children at all on Father’s Day.

In Canada, it appears that parental alienation syndrome drives a wedge between many fathers and their children … with family court approval.

One Canadian father reports that a family court judge asked him:

“Why should I let you see your daughter?”

The situation is reportedly so severe in Canada that male suicides far outpace female suicides.

Father’s rights groups offer support – and lobbying for joint and equal parenting.

Read more in this Winnipeg [Canada] Sun news article: No happy Father’s Day for many dads.

A case on appeal before the Tennesse Supreme Court reflects tensions and shifts in alimony practice that are playing out nationwide.

Husband and Wife are ending a long-term marriage (roughly twenty years) that began in college. They were forty-three when their divorce was filed.

Both spouses have worked throughout their marriage. Husband earns about $137,000 in the private sector and Wife earns roughly half that in a government job.

Because of the length of Husband’s and Wife’s marriage and the disparity in their incomes, a lower court ordered Husband to pay Wife permanent alimony of $1,250 per month.

On appeal by Husband, the heart of his challenge is that, despite the disparity in their incomes and the substantial length of their marriage, Wife is not dependent because she worked throughout the marriage and the divorcing spouses are too young for the court to order permanent alimony, especially in such a large amount.

(In contrast to a divorcing couple with a long-term marriage where the Wife was / is a stay-at-home mother for a significant period of time and would potentially be entering / returning to the job market over the age of fifty. Clearly, an intended beneficiary of the law providing for permanent alimony.)

The Tennessee high court’s forthcoming ruling could impact the future evolution of permanent alimony awards in Tennessee. And, possibly, beyond.

Read more in this [Franklin, IN] Daily Journal news article: Tenn. Supreme Court hears oral arguments in lifetime alimony case.

About a year ago, I posted about a Central Florida Attorney in the Thick of International Child Abduction Case Regarding His Stepson.

And now, a year later, an eleven year old boy who has spent most of his life in the Ocala, Florida area, must return to Costa Rica to live with his biological father.

The “psychological father” who raised him, a Florida attorney, exhausted all available legal options in an effort to allow the boy to remain in his Florida home.

The attorney was married for several years to the boy’s mother, who has a drug problem, but never legally adopted the boy.

During mother and son’s annual visit to Costa Rica, the boy’s biological father sought custody and was able to hold the boy there.

The Florida attorney hired a contractor to recover the boy, but the boy’s biological father pursued the boy’s return in American courts.

Read more in this Ocala Star-Banner news article: Boy, 11, headed back to Costa Rica..

Michigan Mother has a three year old Toddler.

A Neighbor finds Toddler walking in the parking lot of a business next to a busy highway. The Neighbor contacts law enforcement authorities.

When authorities contact Mother, Mother is asleep and slow to respond. Authorities learn that a similar incident took place a week before.

Toddler is taken into protective custody and placed in foster care.

The government files a dependency petition alleging neglect of Toddler.

On a temporary basis, Mother is granted only weekly supervised visitation with Toddler by the Michigan family court. The family court Mother also orders that Mother be subjected to random drug testing.

Read more in this [Bad Axe, MI] Huron Daily Tribune article: Bad Axe mother to have supervised visitation.

Arizona Husband and Wife have three Daughters.

Husband and Wife divorce.

Husband is ordered to pay child support for Daughters.

But Husband quickly joins the ranks of “deadbeat dads”.

Husband’s past due child support grows to $27,0000.

With interest, past due child support skyrockets to over $93,000.

Thirty years go by.

Daughters are grown.

Wife is unemployed … for over a year.

The state child support agency locates Husband … and a substantial bank account in his name. It has roughly two hundred thousand dollars in it.

The child support agency attaches Husband’s bank account and recovers the past due child support, all $93,000 and change.

Wife, having long since given up on ever collecting the child support Husband owes her, gets a huge surpriser when the child support agency turns the money over to her.

Read more in this [Phoenix] KPHO 5 TV news article: Struggling Mom Gets $93K In Back Child Support.

California Mother and Father have three year old Son together.

During Father’s visitation and timesharing, Father allegedly abducts Son, from California to Arizona.

For the second time this year.

An arrest warrant is issued for Father.

Son is found, unhurt, with both of his parents.

Mother’s role in the incident is unclear.

Son is taken into child protective custody.

The timesharing during which Father allegedly makes off with Son is a visitation supervised by Child Protective Services.

Read more in this [Palm Springs, CA] Desert Magazine article: Abducted 3-year-old from Moreno Valley found unharmed in Arizona.

Colorado Husband and Wife are in the process of divorcing.

Husband is required to pay Wife alimony or spousal support of $2,500 per month.

Wife disappears while walking her dog a couple of months ago.

Police suspect foul play in Wife’s disappearance, but don’t appear to have any solid leads.

Authorities have impounded Husband’s girlfriend’s automobile though.

Husband apparently seeks to modify temporary spousal support.

A Colorado family court judge, however, orders Husband to continue to pay the previously ordered alimony.

Read more in this [Denver] ABC 7 News article: Missing Woman’s Husband Must Keep Paying Alimony.

Husband is in jail for contempt of a family court order.

Seventy-two year old Wife allegedly transfers approximately $12,000 from one of Husband’s individual bank accounts to a joint account using online banking.

Wife contends that she is entitled to the $12,000, because Husband owes her alimony and other monies.

But Wife has no legal right to access Husband’s individual account. Just the power, by virtue of knowing Husband’s social security number.

Wife is charged with embezzling the money from Husband.

Wife enters a guilty plea on the charge.

Husband is Wife’s tenth husband.

Wife was previously convicted of bigamy for marrying Husband while she was still married to another man.

The Virginia criminal court orders Wife to make restitution to the bank.

Wife is currently serving a sentence of five years’ incarceration, with four years suspended, on her bigamy conviction.

Wife is awaiting sentencing on the embezzlement charge.

Read more in this [Newport News, VA] Daily Press article: Bigamist guilty in theft from husband.

Retirement savings accumulated by either spouse during a marriage are marital property and subject to property division in a divorce. That’s the law in Florida.

But an astonishing number of spouses either don’t know this or choose to disregard it.

For a dependent spouse, nothing beats accumulating retirement savings in their own name.

But is that possible for a stay at home homemaker or parent who doesn’t have paid employment? Maybe.

Normally, a person has to have earned income in order to sock money into a retirement account. But there are some exceptions:

1. If the dependent spouse’s spouse has earned income, the dependent spouse can put money into their own retirement savings based on their spouse’s income. But keep in mind that the dependent spouse’s deposits reduce what the other spouse may put into their own retirement account.

2. If the dependent spouse receives alimony or spousal support, that support is considered income for purposes of determining whether and how much the dependent spouse may put into savings for their retirement.

Read more in this Forbes piece: 4 Ways to Make IRA Contributions – Without A Job!.

The number of international child abductions by parents increases every year.

So much so that the Office of Children’s Issues in the US State Department is one of the most rapidly expanding units in the State Department.

The Office is the so-called central authority under the Hague Convention on the Civil Aspects of International Child Abduction.

Some American parents vented to Congress on Missing Children’s Day.

And one, whom it took five years to get his son back from Brazil, even long after the boy’s abducting mother died, lobbied for legislation enabling imposition of sanctions against countries that don’t comply with the Hague Convention.

There are currently no mechanisms for enforcing compliance with the Hague Convention – or punishing noncompliance.

The proposed legislation authorizes eighteen different sanctions for violation of the Hague Convention.

Read more in

• this AFP news article: International child abductions up sharply: US official

• this My Central New Jersey article: Dad promotes anti-abduction bill

• this Focus Information News Agency article: US ‘left-behind parents’ seek help to get kids back and

• this Hill article: Rep. Smith takes on child abduction

Parent is behind on paying court-ordered child support.

What to do?

In some places, a good solution may be putting a “boot” on their cars’ tires.

In Michigan, the boots have spikes, which flatten the tires.

Read more in this [Lansing, MI] WLNS 6 TV news article: Parents Not Paying Child Support Will Get The Boot.

Divorce is about moving from here to there, emotionally. But it also represents a move from here to there, financially.

Many divorcing spouses focus on their emotional destination, to the exclusion of all else. They would benefit from putting some thought into their financial destination and situation as well.

For that purpose, it may be useful to:

1. create a realistic post-separation budget … before you agree to any settlement

2. open individual credit cards in just your name and close any joint credit card accounts

3. run your credit report with all the major credit reporting agencies … for the best chance of avoiding later surprises

4. don’t let your emotions alone rule big decisions such as whether to stay in the marital home … these should be at least partly financial decisions

5. be reasonable – don’t get caught up in waging expensive legal battles over (relative) trinkets

Read more in this Yahoo Shine article from Quizzle: Getting a Divorce? 5 Ways to Ensure It’s Not a Financial Disaster.

Texas Husband and Wife have two Sons, ages five and eight.

Wife and one Son are members of the Cherokee Indian Nation.

Husband and Wife allegedly chain their five year old Son to his crib-bed overnight, every night.

Husband and Wife are arrested for false imprisonment, child endangerment, child neglect, malicious punishment.

Sons are placed in foster care.

Sons are reportedly frightened of Husband and Wife.

The child welfare agency asks the Texas family court to terminate Husband’s and Wife’s parental rights to Sons.

The court awards Husband and Wife no visitation or timesharing with Sons.

Husband and Wife then request visitation with their younger Son.

A guardian ad litem for Sons recommends against visitation with Husband and Wife’s older Son based on the Son’s expressed preferences, and recommends only therapeutically supervised timesharing with younger Son.

Sons’ maternal grandmother is willing to have Sons placed with her if Husband and Wife’s parental rights are terminated.

Read more in this Austin Daily Herald article: Visitation denied for parents who chained son and this Austin Daily Herald article: Child-chaining parents plead guilty.

Indian Mother and Father of Hindu faith have Child together.

Mother dies.

Father takes up with another Woman, and converts to Islam.

Mother’s brother, Uncle, files for guardianship of Child based on Father’s abandonment of Hinduism and Uncle’s fear that Child will be kidnapped.

An Indian statute provides that no Hindu may continue as natural guardian (parent) of a child if that Hindu renounces Hinduism.

India’s highest appellate court is expected to interpret this statute and rule on it soon.

On a temporary basis, the Indian court has entered an order

1. restraining Father from transferring certain specified assets jointly owned by Mother and Father due to Child’s rights of inheritance and

2. awarding temporary custody of Child to … Uncle.

Read more in this Hindustan Times article: HC to decide if renouncing Hinduism means losing child’s custody.

Michigan family court awards primary custody of Children to Mother.

Father reportedly keeps Children beyond his allowed visitation and timesharing … and makes off with Children to Canada.

When captured by law enforcement authorities, Father contends that Mother is abusive toward Children and he is only trying to protect Children from Mother.

Father is charged with unlawful retention of the Children by a parent.

And the Children are returned to Mother’s care as originally court-ordered.

At trial, the Children’s testimony does not sound as though it corroborates Father’s version of events.

The jury cannot reach a unanimous verdict and a second trial is scheduled.

Read more in

• this Livingston [MI] Daily news article: Court Docket: Hung jury declared in parental kidnap case

• this Livingston [MI] Daily news article: No verdict yet in kidnap case

• this Livingston [MI] Daily news article: Trial begins Monday for father accused of parental kidnapping

Arizona Wife obtains domestic violence restraining order of protection against Husband.

Wife divorces Husband, who is now seventy-three years old, in 2008.

Husband and Wife’s divorce is reportedly contentious.

Three years later, Husband allegedly murders Wife, Wife’s attorney and several other people … and then commits suicide. Husband also wounds a friend of Wife’s, who survives.

According to law enforcement authorities, “these victims were targeted.”

Husband was reportedly divorced four times prior to his marriage to Wife.

Read more in this New York Times article: Six Dead in Southern Arizona Shooting, Including Gunman’s Ex-Wife and Her Lawyer and this Arizona Republic article: Yuma shootings: Slain victims identified; includes gunman’s ex-wife.

Husband, a partner at a large and prestigious New York law firm, and Wife, also an attorney, divorced in 2006. The couple had marital assets valued at $13 million at the time of their divorce.

Among their assets, the couple had invested several million dollars with Bernie Madoff. Husband opted to keep the Madoff account and other assets, so Husband wrote Wife a check as an equalization payment. In other words, so that Wife ended up with half of the value of the marital assets.

After the divorce, Husband invested additional money with Bernie Madoff.

Fast forward two years. Madoff is exposed for running a Ponzi scheme.

As things turned out, Husband figures he got the short end of the divorce stick. And that doesn’t sit right.

Husband wants to recoup his losses. So he sues …

Wife. Arguing, interestingly and creatively, that both Husband and Wife overestimated the value of their Madoff investments, so the equalization payment Husband made to Wife was larger than it should have been and …. should be refunded in part.

The New York family court dismissed Husband’s claim at trial. After all, as a matter of policy, divorce settlements are supposed to be final – unless, among a few narrow exceptions, one spouse commits fraud on the other.

There is no suggestion by Husband that Wife engaged in any fraud or nondisclosure. If anyone did, it was Bernie Madoff.

Husband’s law firm is representing him without charge, so … Husband appeals the family court’s ruling at trial.

On appeal, an intermediate appellate court reinstated Husband’s claim based on the contract law doctrine of “mutual mistake”. And yes, although most people probably don’t think of it that way, a marital settlement agreement is a contract.

Depending on the ultimate outcome of this case, not only might numerous divorce cases be revisited but also even more numerous contract disputes.

Read more in this Yahoo News Lookout piece: Citing Madoff fraud, lawyer wants divorce deal do-over and this New York Times article: Madoff Victim Seeks Divorce Do-Over.