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

Sometimes a spouse (or parent) gets stuck on something. They just can’t turn loose of it.

They start to sound like a broken record. Maybe even a little obsessed.

Perhaps they file for a restraining order of protection against domestic violence. (Perhaps something else.)

They lose. The court denies or dismisses their petition or motion.

So, they wait a week or two and then … they file again.

Essentially the same exact allegations. Just reworded a little bit.

And again they lose. Before the same judge, of course.

Who remembers the last go-round. Perfectly.

Or maybe the spouse or parent files for substantially the same relief in their divorce or child custody case this time around.

It may be pure malice. Or it may be sincere conviction that they deserve what they are seeking …

And the judge just didn’t get it last time, but this time will be different.

Truth be told, even some attorneys may humor their clients by enabling these legal efforts.

But the truth is that the claim does not improve with repetition. Quite the contrary.

More likely, the patience of the judge subjected to the same matter yet again will be sorely tested.

And the Court’s assessment of the spouse or parent’s credibility and reasonableness may suffer. Potentially, irreparably. First impressions ….

On top of that, in at least some of those instances, the spouse or parent may also be setting themselves up to have to pay the other spouse or parent’s legal fees incurred to defend vexatious and/or frivolous litigation. In addition to their own legal fees, of course.

And, in still other cases, the spouse or parent may be exposing themselves to the prospect of a separate civil lawsuit for damages, based on malicious prosecution or abuse of process or other similar legal theory.

When your attorney (or other friendly third party familiar with your case) advises you to let something go, you should give that advice thoughtful consideration. If you still remain firmly convinced of the rightness of your position after an open discussion with your attorney or other advisor, then consider seeking out a second (professional) opinion before you dig in your heels and insist or persist.

Following this advice just may save your money – and your case. Really.

Billionaire eighty year old Boyfriend and famous twenty-eight year old Girlfriend are a couple for several years.

Girlfriend, a foreign actress, is now pursuing higher education in New York City.

Boyfriend, an investor and philanthropist, allegedly promises to buy Girlfriend an Eastside apartment.

Boyfriend dumps Girlfriend.

Boyfriend has a new girlfriend.

Boyfriend gives an Eastside apartment (reportedly the one chosen by Girlfriend) to his new girlfriend.

Girlfriend is angry.

Girlfriend sues Boyfriend in New York … for $50 million.

That could buy quite a few apartments, even in New York City.

Girlfriend also alleges that Boyfriend was physically abusive toward her.

Read more in this New York Daily News article: Billionaire George Soros sued by former flame Adriana Ferreyr, who claims he reneged on luxe digs and this New York Post article: Soros’ jilted ex on their 5-year affair and his sudden change of heart.

Way too often, clients come in who are totally in the dark about family finances.

Their spouse has been bringing home the bacon, managing the family accounts, paying the family bills, working with the family or their business accountant to prepare tax returns.

In too many instances, the breadwinning spouse orders the the other spouse to sign a joint return right now without even reviewing it. “It’s all correct, I’ve already checked, just sign it.”

That spouse may well be abusive, to one degree or another.

As a result, the intimidated spouse really has no idea how much comes in or even what brings it in, let alone the difference between gross and net and the basis for the spread.

They may – or may not – have some vague hunch that something is not quite right. But they are afraid to ask any questions, much less challenge their spouse.

And so it always comes as a rude shock that they are generally just as accountable and responsible to the Internal Revenue Service (IRS) as the controlling, breadwinning spouse.

Unless they qualify under IRS rules as an Innocent Spouse.

And under the traditional rule, it wasn’t always so easy to qualify and the relief wasn’t always so expansive.

Thanks to recent changes in the rules, it is now easier for an ignorant spouse to qualify for meaningful relief as an innocent spouse, as long as the couple is divorced or living separately for a year.

The new rule may excuse or reduce the liability of not only an unknowing spouse but also even a knowing spouse who signs a return under duress from the breadwinning spouse.

The new rule also reduces the impact of a two year time limit on claims for innocent spouse status. This change will even allow previously rejected applicants to reapply for protection.

Read more in

• this Knoxville [TN] News Sentinel article: IRS ends innocent spouse rule

• this USA Today article: IRS ‘innocent spouse’ rules can be tough and

• this BST newsletter article: IRS eases liability rule for spouse’s tax debt

Forty-eight year old New York Man falls for twenty-eight year old Woman.

Man allegedly e-mails Woman, texts her and posts on her Father’s Facebook page for work.

All told, seven lovestruck communications.

Law enforcement authorities instruct Man to cease and desist.

Man also texts New York police officer requesting assistance in reaching Woman and Father to make their wedding plans.

Man is arrested for aggravated harassment by city police as well as federal agents, and tossed in jail. Man is confined pending bail.

Impressive response from law enforcement?

Well, Father is a wealthy businessman and New York City’s mayor.

Man’s alleged conduct represents a modern, high tech twist to traditional stalking, known as “cyberstalking”. Computer and, more specifically, internet-facilitated stalking. No face to face contact or interaction required.

Man faces seven years’ incarceration.

Man’s defense reportedly is that the charges are ridiculous.

Oh, Woman has never met or even heard of Man. And Man works in a pizza place.

Man may also be charged with forging a federal judge’s signature on a court order in an unrelated matter.

Read more in this New York Daily News article: Police arrest cyberstalker obsessed with Georgina Bloomberg, Mayor Bloomberg’s daughter and this NBC New York article: Bloomberg Daughter’s Cyberstalker: “It’s Ridiculous” I’m in Jail.

At the moment, marriage is on the decline, at least temporarily. So, more couples are cohabiting or living together.

Generally speaking, that represents freedom from commitment and obligations.

That may be agreeable to both partners, at least for a time. But the time may come when it is not so agreeable, at least to one of them.

Yet by then it may be too late.

For example, a fifty year old Swedish author (Boyfriend) cohabited with Girlfriend. For thirty-two years.

Boyfriend and Girlfriend had no written cohabitation agreement between them and Boyfriend did not have a will.

Boyfriend wrote a trilogy consisting of three novels. He entrusted all three to his publisher simultaneously.

Boyfriend’s trilogy went on to sell kazillion copies and generate a great deal of revenue and income. Sadly, Boyfriend met an untimely death and didn’t live to see that.

At the time of Boyfriend’s death, his estate was worth about $40 million.

Under Swedish law, Girlfriend inherited from Boyfriend … practically nothing. Despite thirty-two years of living together.

Absent legal marriage or a will, a cohabiting boyfriend or girlfriend in much of the United States wouldn’t fare any better than Girlfriend.

Although it appears to have survived to some degree in Canada, the concept of common law marriage has all but faded away in many states in the US.

While both partners may have open eyes regarding their mutual day to day “freedom”, they may not intend to sign up for absolutely nothing in the event of a breakup or death twenty or thirty years into their relationship.

The bottom line is that unmarried cohabitants for the long haul, at least, would do well to ponder their legal position and potential vulnerability in the event of a breakup or their cohabitant’s death.

Even couples who wish to circumvent all the day to day obligations accompanying marriage can still take some fairly simple and straightforward steps to give their long term partner a measure of protection and comfort in the event of one’s death or departure from a lengthy cohabitation.

Those steps are:

1. A will or trust. A will makes provision in the event of a partner’s death. A trust can make provision in the event of a partner’s death or in the event of a breakup. But it is very important to note that a trust or will can generally be changed at any time as long as the person who made it is still alive and legally competent … without notice to someone who was previously a beneficiary. There may be circumstances and conditions that may render a will or trust irrevocable and unmodifiable. But it’s simpler and more common to go with step 2 …

2. A cohabitation agreement. This is a contract that spells out both parties’ understanding of their economic rights and obligations arising out of their relationship. The agreement can pertain to their breakup, the death of either partner, or both situations – as well as the death of both partners simultaneously.

Read more in this [Canadian] Financial Post editorial: Don’t wait till death do you part.

US Father and Brazilian Mother have Daughter together.

Back in 2008, when Mother did not have legal status in the US and the family lived in Illinois, Father and Mother were battling over custody of Daughter.

So Mother allegedly made off with Daughter to her native Brazil.

Father hasn’t seen or spoken to Daughter since.

Until recently, that is.

But a couple of weeks ago, Father, who now lives in Arizona, went to mediation with Mother regarding Daughter, in Brazil.

The mediation was different from the typical divorce or child custody mediation. Not only did Mother’s mother attend (unusual in itself), but both the US State Department (the US central authority) and the Brazilian Central Authority had representatives attend under the Hague Convention on the Civil Aspects of International Child Abduction.

The marathon mediation session went on for fifteen hours. Kind of long for one session, but not altogether unheard of.

But the mediation was successful, and Mother and Father resolved custody and visitation and timesharing issues regarding Daughter.

And Father got to see Daughter for the first time in over three years.

Astonishingly, Daughter still remembered Father from before her abduction at two and one-half years of age.

And the two got to spend some quality time together in Brazil, having outings and re-establishing their father-daughter bond.

While the agreement cannot be described as overly generous to Father, it does at least provide for unlimited phone and internet-facilitated communication between Father and Daughter and for regular, if infrequent, timesharing and visitation with Daughter in Brazil until she is twelve and, thereafter, lengthier visitation and timesharing here in the US.

Meanwhile, Father continues to work on petitioning for legislation to facilitate blocking unauthorized removal of children from the US.

Mother could face federal criminal charges if she returns to the US.

Daughter is one of approximately twenty American children detained in Brazil despite the requirements of the Hague Convention.

On the other hand, Brazil claims that that about seventy Brazilian children are in the same boat here in the US.

Read more in this [Tempe, AZ] East Valley Tribune article: E.V. man finally sees daughter who was taken to Brazil; custody deal reached and this [Tempe, AZ] East Valley Tribune article: San Tan Valley man hopes international fight for daughter spurs law.

South Florida Husband and Wife have Children together.

Husband and Wife divorce.

Husband and Wife agree on timesharing schedule which is incorporated into final judgment.

Husband moves to an apartment east of Federal Highway, close to the ocean.

Wife and Children remain in marital home west of Florida’s Turnpike, well inland.

First hurricane season since divorce arrives.

A severe hurricane is expected to arrive during Husband’s timesharing.

Husband lives in an evacuation zone and it is anticipated that authorities will encourage Husband to stay in a shelter until the hurricane passes.

Wife suggests that Children stay in their own safe secure home with Wife during hurricane.

Husband insists on exercising his timesharing with Children, maintaining that whatever happens will be a learning and character-building experience for Children.

Such scenarios play out every year in South Florida.

And many variations of it.

(Husband lives in trailer … or houseboat. Or, Husband wants to take kids out of state – or out of the country – to avoid the hurricane completely.)

Unfortunately, the odds are high that neither the marital settlement agreement or parenting plan or final judgment specifically addresses situations like hurricanes.

Which are inherently emergency situations. Stressful and wrenching. Imminent.

One parent or the other – or both – start clamoring for emergency hearings over how to deal with the hurricane.

Just not feasible in the overwhelming majority of cases.

Although it may not be top of mind when your case is being decided / negotiated, what happens in a hurricane (or other natural disaster, especially where there’s warning) is well worth considering ahead of a crisis.

After all, at the very least, your children’s peace of mind may be at risk; at most, their actual safety and wellbeing.

Florida Husband and Wife have Children together.

Husband and Wife divorce.

Florida family court awards Husband primary residential custody of Children.

It appears that Husband may not be entirely cooperative with Wife’s exercise of visitation after their divorce.

Wife seeks and obtains from the Florida family court several different orders for enforcement of her visitation and holding Husband in contempt of court for his failure to comply with the Court’s orders for timesharing with Wife. The Florida family court also awards Wife significant compensatory visitation or makeup timesharing.

Because of Husband’s obstinacy, the Florida family court, without an evidentiary hearing, ultimately modifies custody of the Children to grant Wife primary residential custody of the Children. Without even having been asked to do so.

The court makes no written findings of fact in support of its ruling.

Husband appeals the modification of Children’s custody. On appeal, an intermediate level appellate court reverses for the following reasons.

1. It is well-established here in Florida that children should not be punished due to their parent’s violation of court orders, or other misdeeds.

2. Further, contempt proceedings are to enforce compliance with previous court orders. Not to modify custody. Especially not where the parent seeking enforcement has not put the other parent on formal notice that they are even looking to modify custody.

3. And last, but not least, the Florida family court did not make any express findings that modification of custody would be in the best interests of the Children.

Read more in the Florida court’s appellate opinion reversing the modification of child custody in contempt proceedings.

New York City reports an alarming 12% spike in domestic violence cases last year.

Domestic violence against wives, girlfriends and ex-partners climbed by an even more troubling 17%.

Domestic violence against boyfriends and husbands also grew, but only by about a more modest 5%.

Eighteen percent of cases are for violating an existing domestic violence restraining order of protection.

Part of the rising statistics is a broadening of the definition of domestic violence to include violence between cohabiting intimate partners without children in common and dating couples, including teenagers and same-sex couples. But only part.

Many attribute the greater part of the increase in violence to the fallout of the recession.

Further jumps in the statistics are anticipated as a result of relaxation of the requirements to press criminal charges for choking an intimate partner.

Read more in this New York Daily News article: Domestic violence jumps 12.3% in NYC; Brooklyn is borough with most cases.

In some states, enforcement of child support obligations keeps up with the times and gets increasingly creative.

Take the state of Louisiana.

Last year, it passed legislation authorizing seizure of winnings at casinos by parents behind on their child support obligations. Not entirely unique.

More recently, Louisiana has been eyeing claims paid out by BP Oil as a result of last year’s oil spill.

It turns out oil spill claims were filed by nearly 10,000 parents in arrears, who owe over $100 million in past due child support.

So Louisiana is now intercepting – seizing – their claims payments sent by BP.

Read more in this UPI news article: Oil spill aid diverted to child support.

Pennsylvania Father allegedly sexually abuses a seven year old girl in the presence of his two year old Son, for which Father is being prosecuted.

Despite this, the Pennsylvania Family Court allows Father visitation with Son, which is supervised by a friend of Father’s.

Then Son’s Mother requests that the court suspend Father’s timesharing with Son.

And the family court does suspend Father’s visitation, temporarily, indicating that timesharing will be reinstated when proper supervision by a social worker is arranged.

Under a new Pennsylvania family law, however, a parent charged with a sex crime is reportedly required to be psychologically evaluated before any award of visitation may be made.

Mother is apparently seeking to have the family court comply with the new law.

Read more in this [Moosic, PA] WNEP-TV news article: Accused Child Molester Loses Visitation Rights.

Florida teen (Mother) becomes pregnant.

Then marries a man (Husband) twenty-four years older than her.

Along the way, Husband reportedly pleads guilty to sexual misconduct with a minor under sixteen years of age and is required to register as a sex offender.

Husband also reportedly has a history of domestic violence and violent assaults.

Mother leaves Husband.

Husband files for divorce while Mother is pregnant. His divorce court papers explicitly deny paternity of Daughter.

Because Husband is not Daughter’s biological father.

But the divorce is never finalized.

Because one month after Daughter’s birth, Mother dies in a car accident.

Under the law, Mother’s and Husband’s divorce stops upon her death.

And, since Daughter’s biological father (Bio Father) does not come forward in any way, Husband is considered to be Daughter’s father under the law.

But Husband has no interest in Daughter at that time.

And Mother’s mother, Grandmother, takes Daughter in and raises her.

Until Daughter is almost four years old.

And Grandmother tries to adopt her.

At which point, Husband decides that he wants Daughter … and seeks primary custody of her.

And the Florida family court does indeed award Husband primary timesharing with Daughter – in Georgia, where Husband now lives.

Grandmother is appealing the ruling.

And Bio Father is now seeking to establish his paternity and parental rights over Daughter, to retrieve Daughter from Husband’s custody. And Husband is seeking to terminate Bio Father’s parental rights.

And Grandmother, of all people, is in hot water. For speaking out about Daughter’s case.

For which Grandmother may be held in contempt of court. And face incarceration.

Grandmother maintains that she spoke to the media about the case prior to the court’s gag order.

But she would be willing to do it again, now, to save Daughter from Husband.

Husband reportedly also communicates with the media – after the gag order is entered.

Read more in

1. this First Coast NBC TV news 12 article: Baker County Family Court Meets Again in Miranda Wilkerson Case

2. this First Coast NBC TV news 12 article: Grandmother Loses Custody of Girl to Father, Sex Offender

3. this First Coast NBC TV news 12 article: Miranda Wilkerson’s Grandmother before Baker County Judge Today on Contempt Charges

Canadian Man reportedly knows he is HIV-posiitive.

Man allegedly has sexual intercourse with eleven different women – without protection and without warning them of his condition.

Seven of his partners become infected with the disease. Two die.

Man is prosecuted for two counts of homicide and ten counts of aggravated sexual assault.

And convicted.

A Canadian court concludes that Man is a “dangerous offender” and may legally be confined indefinitely.

Man promises to appeal.

Read more in this New York Daily News article: Canadian court to keep HIV-positive man behind bars indefinitely; found guilty of infecting partners.

It’s probably not what first comes to mind when you think of Gettysburg, PA.

But modern Gettysburg is noted for its effectiveness at child support enforcement.

In fact, the entire state of Pennsylvania is.

August is Child Support Enforcement Awareness Month.

Which is especially important in states and communities that aren’t as successful at collecting child support.

The Gettysburg child support enforcement agency attributes its success in part to the impact of automation on what they do … and a bad eonomy discouraging breakups and the need for court-ordered child support.

Technology has also reduced expenses of operations.

More child support than you might imagine is collected through seizure of unclaimed assets such as forgotten bank accounts.

Read more in this [Gettysburg, PA] Times article: County Domestic Relations program proud of work.

Ten year old Arizona Child lives with her Aunt, her legal guardian, her two adult Cousins and her Grandmother.

Child weighs just fifty-nine pounds.

Child takes a popsicle without permission.

When her family finds out, Child is punished …

Her cousins allegedly lock her in a storage container roughly 3 feet by 1 foot by 1 foot in size.

Where Child suffocates.

It turns out Child was frequently punished by putting her in that storage container, among other punishments.

Child was also forced to eat animal waste, sleep on the floor of a shower and walk barefoot on extremely hot Arizona concrete.

Cousins are charged with murder.

Aunt and Grandmother are charged with child abuse and kidnapping.

Read more in this New York Daily News article: Ame Deal, Arizona girl suffocates to death after being put in box over Popsicle, family charged

The South Carolina family courts in Charleston may be on to something.

It didn’t come about easily though.

Husband and Wife were going through a divorce.

When they originally filed for divorce, Son was about six years old.

By the time Son had turned twelve, the custody battle over him was still raging on.

Apparently though, Son had had enough. He took his own life.

Out of that tragedy, a local family court judge drew inspiration to try to “fast track” many child custody cases, and spare many children from being the subject of long, bitter legal fights between their parents.

And last month the so-called Fast Track Custody Initiative made its debut.

Participation in the streamlined program is strictly voluntary at this point. And cases involving mental illness, substance abuse or domestic violence are excluded.

The “system within a system” aims to settle temporary residential placement of children within four months of filing of the case … based on a fifteen minute temporary hearing.

Where the judge believes it is appropriate, he or she may appoint a guardian ad litem to fact-find and advocate for the child or children – within a sixty day period.

Once the guardian ad litem has made their recommendation, the parties are ready for mediation and the custody case should be resolved within ninety days of the temporary hearing.

It’s unclear, however, what happens if parents are unable to reach an agreement at mediation in a fast-tracked case.

The fast track reportedly cuts about nine months off the average child custody case timeline.

By implication, the child custody portion of the divorce case is bifurcated (split off) from other aspects of the case, and the remainder (property division, alimony, etc.) would presumably follow a traditional timeline.

An initiative well worth a closer look.

Read more in this [Charleston SC] Post and Courier article: Putting child custody on fast track.

Husband, who owns a Nevada strip club, is convicted of federal tax charges.

Husband and Wife split up.

Husband serves one year on the federal charges and is released on probation in 2008.

A patron of Husband’s strip club sues Husband over severe personal injuries he sustains at the club.

In his divorce settlement with Wife, Husband keeps his club. And gives Wife pretty much everything else.

Three marital residences in different cities.

A $7 million investment account.

$5 million in alimony payable over five years.

Husband reportedly sells another strip club in Pennsylvania for about $1 million.

Husband allegedly puts the proceeds of sale into an offshore bank account … and distributes them to relatives.

The Court finds that Husband is misleading or evasive in his responses to the injured plaintiff’s inquiries into Husband’s finances.

And now the federal judge orders Husband back to federal prison for nine more months.

For violating the terms of his probation and allegedly lying to his probation officers. For living high off the hog thanks to undisclosed, protected assets and using his divorce to protect assets from the injured plaintiff and other creditors.

Husband appeals the new sentence.

Read more in this Las Vegas Review Journal article: Ex-strip club owner Rizzolo appeals return to prison.

New York Mother and Father have a child together.

Mother and Father, if married, divorce, or, if unmarried, just go their own separate ways.

Then Father relocates to South Florida.

Afterwards, Mother serves Father in a New York action for child support, or enforcement of child support. (Or alimony, or enforcement of alimony, or enforcement of property division agreement or judgment, or enforcement of parenting plan or judgment, etc., etc.)

Living in South Florida now, Father visits a local South Florida divorce lawyer and South Florida family law attorney for help with his defense in this case.

Only, Father is surprised to learn, his local South Florida divorce lawyer and South Florida family law attorney won’t – can’t – help him.

Why not?

Mother’s case is a New York family law case, not a Florida family court case.

And only an attorney licensed to practice law in New York and admitted to practice law in New York may appear and represent a party in a New York family law court case.

That means Father needs a New York divorce lawyer and New York family law attorney (or New York child support lawyer or New York alimony attorney or New York child custody attorney) and so on.

At first blush, it probably sounds like this could get pretty inconvenient and expensive for Father to identify and consult with a New York attorney. And it could.

But it doesn’t have to … Because a New York attorney doesn’t have to be based in New York.

She might have an office right down the street here in South Florida. As I do.

If Father is lucky, his local South Florida divorce lawyer and South Florida family law attorney may refer him to a New York divorce lawyer and New York family law attorney who is located here in South Florida.

But, if not, Father should be able to locate one on his own, now that he knows what he’s looking for.

Needless to say, the above would also apply if Mother was the ex-spouse or parent who had relocated to Florida, instead of Father.

And the same rationale applies for any other state an ex-spouse or parent may have relocated from. New York is just an excellent illustration of the principle, because there are so many transplanted New Yorkers here in South Florida.

Connecticut Mother and Friend are out in the park with Mother’s four year old Son and ten month old Daughter.

There is a partially drained forty ounce bottle of beer. By Son.

And Mother allegedly orders Son to “chug” what is left of it.

Then reportedly calls Son an alcoholic.

Another parent out in the park signals police officers on foot patrol.

When the officers approach the Daughter, they note that her baby bottle smells of alcohol.

Son and Daughter are taken to the hospital.

Both children test positive for alcohol consumption. Daughter also tests positive for cocaine.

Mother confesses to authorities that Friend gives Son a bottle of beer every day. Mother admits cocaine use but denies knowledge of how Daughter tests positive for the drug.

Mother and Friend are both arrested on charges of risk of injury to a child and second degree assault.

Mother and Friend are confined.

Son and Daughter are presumably taken into child protective custody.

Read more in this New York Daily News article: Juliette Dunn arrested for giving 4-year-old and 10-month-old beer and cocaine and this Connecticut Post article: Cops: Mom gave her children beer and cocaine.

A Scottish-resident Mother of a young Daughter, who has accumulated substantial savings to date and already owns her own home, wonders whether she should have prenuptial agreement prior to her approaching wedding.

Without hesitation, absolutely yes. This Mother is the perfect example of whom a prenuptial or antenuptial agreement is for.

First, Mother has a young child to provide for who is not her future spouse’s child.

What would happen if Mother were to die?

Who would inherit Mother’s savings and other personal property? Her home? Would Daughter have to be uprooted? Rely on other relatives’ financial resources?

Depending upon precisely how it is drafted, a prenup may apply not only to divorce, but also in the event of one spouse’s death.

(Incidentally, that aspect of a prenup may make it more palatable to bring up with your fiance and may render your intended more receptive to it as well.)

And what if the couple does eventually divorce? As a very substantial percentage of married couples do.

Granted, from a pure, rigid, abstract, theoretical view, inheritances and premarital property are considered separate property and will not be divided between spouses in case of divorce.

But then there’s the often muddy, shifting, complex real world that we actually live in.

Where separate property may appreciate during the marriage, be renovated or improved during the marriage, get mixed up or commingled with marital property during the marriage, be spent on the family unit during the marriage, be maintained in part with the other partner’s income and/or assets and/or efforts, etc., etc.

And, when any of these things – or many others – happens, all legal bets are off … without a prenup, and related supporting legal documents.

Of course, Scottish law does not apply to Florida divorces, property, or death, estates and inheritance.

And prenuptial agreements or antenuptial agreements are well-recognized and accepted in Florida and throughout the US.

Read more in this Money help desk: Can I protect assets before wedding?

You lost your job.

Or your hours were reduced.

Or just your pay.

You’ve been trying to keep up with your court-ordered child support.

And/or your court-ordered alimony and spousal support.

But you just can’t do it.

You’re falling further and further behind.

You keep hoping your hours or pay will go back up.

Or maybe that you’ll be able to find a new job, or a second job that will enable you to meet your current obligations, maybe even to catch up.

So you just keep on waiting and hoping … and struggling.

Imagining that you can always go back to court later to deal with any arrearages. (Wrong.)

Soon, your past due support is really out of control.

And, eventually, your ex files to take you back to court because of your arrearages.

What’s wrong with this picture?

Unfortunately, you. Your waiting and hoping.

That didn’t do you any good at all. In fact, it hurt you really badly.

When you are subject to a court-ordered support obligation, whether it’s alimony and spousal support or child support, if you suffer an interruption and/or reduction in your income, you must take swift legal action to modify your alimony and spousal support obligations and/or to modify your child support obligations. No ifs, ands or buts.

Under Florida family law, you cannot reduce your alimony and spousal support obligations or your child support obligations retroactively. In other words, a Florida family court cannot do anything about arrearages you’ve already racked up. You’re stuck with them.

That is why it’s absolutely critical to file a modification of support case immediately. As soon as disaster strikes.

Under Florida divorce and child support law, you can reduce your alimony and spousal support obligations or your child support obligations prospectively, or going forward. In other words, a Florida family court can reduce your support obligations going forward, from the date that you file for modification of support.

So, prompt filing of your modification of child support case and/or modification of alimony and spousal support case is the only way to beat a pile-up of arrearages.

Please don’t be like the many people who wait far too long before consulting Florida divorce and family law attorneys like me about enormous arrearages they’ve already accrued since losing a job.

Canadian Father and Lebanese Mother are divorced.

Their Daughter is now 8 years old.

Father gives Mother permission to take Daughter to Lebanon for a week to attend an extended family member’s wedding.

That was last February. And they haven’t returned to Canada since.

Father believes Mother has remarried a Lebanese man.

Since the alleged abduction, a Canadian family court has awarded Father sole custody of Daughter. And an arrest warrant has been issued for Mother.

But those measures have not been enough to make any headway.

Lebanon does not recognize the Canadian child custody order, and is doing nothing to help Father secure Daughter’s return to her home country, Canada.

Read more in this CBC News article: Quebec girl abducted by mother.

An interesting case from the ever-evolving battleground of grandparents’ visitation rights, such as they are …

Nevada Father settles original child custody case by agreeing to allow Grandmother four supervised visits with Daughter each year.

Later, a psychologist opines that Grandmother’s visits with Daughter should be unsupervised.

Father, disagreeing with the psychologist, petitions the Nevada family court to modify the prior visitation order and to terminate Grandmother’s visitation rights entirely.

The family court judge sides with Father and terminates Grandmother’s visitation privileges.

Grandmother appeals.

On appeal, the Nevada Supreme Court holds that Father fails to establish a substantial change of circumstances, the standard for modification of a judgment or order. Therefore, the original agreement and judgment must stand, and Grandmother’s visitation must be reinstated.

Key to this ruling is that Father is seeking to modify rights already agreed to and ordered, rather than Grandmother seeking to establish new rights for the first time.

Read more in this Las Vegas Sun news article: Court rules grandmother has right to visit granddaughter.

The divorce rate for baby boomers, those fifty years old and more, is higher than and climbing more rapidly than for younger couples.

Yet divorce may impact middle-aged couples financially in ways that have a more lasting impact than with younger people.

To protect and preserve a settlement (especially for a dependent spouse for whom it may be particularly critical), a divorce financial analyst recommends the following measures immediately following the divorce:

1. Check your credit report. You probably should have done this during the divorce as well. After the divorce is a good time to do it again. This should verify the status of any debts that your ex was supposed to be paying or that were supposed to be paid off, catches any confusion surrounding any name changes after divorce and, last but not least, brings mistakes to your attention – so you can follow up and make sure they get corrected. If you are establishing and building your individual credit, you may want to repeat the process a number of times to track your progress.

2. Buy long term care insurance. You may be on your own now, solely or largely responsible for supporting yourself. And maybe children. You no longer have your spouse as a safety net. One catastrophic accident or illness can be devastating. Long term care insurance can plug that hole.

3. Appoint an Agent in Case of Disability or Incapacity. Now that your accounts are individual rather than joint and you probably have exclusive authority over them, it is prudent to designate someone other than your now ex who you can trust and count on to act for you in the event of a temporary or permanent disability or incapacity, whether physical or mental. One or more documents can authorize someone to access your financial accounts for your care and for your dependent children’s care, possibly to manage and/or dispose of your other property and to make medical decisions for you if you are unable to do so for yourself.

Read more in this Wall Street Journal Smart Money piece: 3 Financial Tips for Recently Divorced Boomers

Manhattan Mother is a successful model.

Father is a billionaire.

Four year old Son leads a privileged life.

Round-the-clock nannies, chauffeurs, security, private school, etc.

Mother tells the Manhattan Family Court she needs child support for Son.

$46,000 … Per Month.

And she gets it, or at least a court order for child support in that amount.

After all, Father already pays five figures a month in child support for Son’s younger half-sister.

And New York is an expensive place to live …

Read more in this US Weekly magazine article: Linda Evangelista Wants $46,000 in Child Support from Ex.

Filing for divorce is an emotionally stressful process. A lot of couples turn to divorce only as a last resort after months or years of trying to save their marriage. If you are planning to file for divorce, you should keep a few things in mind to make the whole process as smooth and as stress free as possible, for both you and your spouse. Before you file for divorce, it is important to carefully think through and consider the points listed below to make sure your rights are protected throughout the process.

Financial situation – Knowing as much as you can about your family’s financial situation will help you get a fair divorce. Go over all the recent financial documents, like tax returns, bank statements, credit card information and loan statements, etc.

Understand your budget – The divorce will not only affect your family’s financial situation, but it will also affect your budget. So apart from understanding your family’s financial situation, you should understand your own budget. You will need to plan a budget to give you an idea of how much money you will need to live on, where the money will come from, and how much you will be expected to pay in case you have a child. You also need to manage your current finances, because now two households will have to be supported.

Custody of children – If you have kids, whatever decisions you make should be in the best interest of your children. The court will also always look at the best interests of children to make the whole process as smooth for them as possible. If you are planning to seek child custody, you should keep track of all the time you spend with your kids and how you will justify what you are seeking in court.

Family home – You also need to decide what you will do with the family home. If the home is a burden for one adult to maintain, it may be better to sell it if there is equity in it. However, the person given custody of the children may wish to continue to use the family home after the divorce.

Preliminary Steps – Before you take any legal steps, you and your spouse may wish to try marriage counselling. If your spouse is not comfortable with the idea of counselling, you can at least get counselling for yourself. If things do not work out, you should talk to an attorney who can explore all the aspects of your divorce with you. Your divorce lawyer should be experienced and knowledgeable in family law and he or she should explain the divorce process to you.

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Guest author Richard Jacobs is chief editor of DwiDuiDefenseLaw, a website that helps you to find the right DUI lawyer for you, if you need one. You can search for a Philadelphia DUI Lawyer or for Orlando DUI Lawyer online, anytime.