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

Husband and Wife divorce. Husband is ordered to pay child support for Daughter.

Husband stops paying child support in the fall of 2009. Husband alleges that he was unable to work due to illness, but produces no corroboration.

Law enforcement authorities set out to attach some of Husband’s property to auction it off to reduce Husband’s child support arrearages.

And the authorities do in fact seize … four beehives on Husband’s property. Worth less than one fifth of the amount of Husband’s arrearages.

Read more in this Russian News and Information Agency RIA Novosti article: Bees seized.

British law allows admission into evidence of assets a spouse’s private documents obtained by the other spouse peacefully but by stealth.

Until now. The British Court of Appeal, an intermediate appellate court, just struck down that vast body of law.

In the case before the appellate court, office mates of the Husband copied files from office computers for Wife’s use in their divorce court case.

The holding will make it more difficult and expensive for spouses ignorant of the other spouse’s financial affairs to prove their spouse’s income and assets for purposes of determining child support, alimony and property division.

The Court’s justifications? Concerns about violating privilege and encouraging illegal and / or unethical conduct.

The appellate court has denied leave to appeal to Britain’s highest court.

Read more in this Forbes article: Private documents no longer allowed in divorce and this UK Guardian article: Covertly found assets no longer valid in divorce.

Florida Husband and Wife divorce in 2008, after more than twenty years of marriage.

Husband and Wife have four Children together.

Husband, a cancer doctor with an annual income close to $1 million, is ordered to pay Wife $35,000 per month in alimony and child support.

Husband is also ordered to pay Wife $1 million as part of property division on their $5 million marital property estate.

But Husband apparently doesn’t want to pay … anything.

And, thanks to a complex, layered network of small business operations, garnishment is frustrated. Each business is in a position to be able to claim that another entity writes the check.

And so Husband has reportedly paid only $60,000 and is running a support arrearage of close to $700,000.

If Husband persists in nonpayment of support, the state may suspend his medical license and his driver’s license.

But that won’t get support into the hands of Wife and Children.

Read more in this Lakeland Ledger article: Doctor’s Medical License in Jeopardy.

There are various available measures for enforcement of support obligations, some more effective than others.

One of the harshest, suspension of a deadbeat’s driver’s license, is a double-edged sword.

Driving with a suspended license is illegal, so suspension may impede efforts to work. And reinstating a driver’s license is somewhat involved.

A recent Michigan law opens the door to a new enforcement mechanism that should be just as effective, but less of a double-edged sword.

An automobile “boot”: a device that prevents a car from being driven anywhere until authorities disengage it.

Read more in this Holland [MI] Sentinel news article: Giving deadbeats the boot.

Divorce is complicated.

When the spouses have a special needs child, it gets a a lot more complicated.

Parents of special needs children have to plan together for their child’s future … even if they won’t be together themselves.

In the specific context of the parents’ divorce or separation, the parents should know that child support obligations for a dependent child may continue beyond the age for children who don’t have special needs. Possibly indefinitely.

And that support may include significant health-related expenses that don’t apply to children without special needs.

Additionally, timesharing with a special needs child may involve significant expenses that don’t apply to a child without special needs.

Both support and access expenses should be addressed by the parents’ divorce or custody case.

Especially if a special needs child receives or will be eligible to receive benefits or government services related to their special needs, it may be advisable to establish a special needs trust to protect the child’s right to those benefits and to ensure compliance with the applicable law so that benefits and/or services are not inadvertently forfeited.

Additional matters to cover in such a trust are future housing, medical insurance and potential inheritances for the child.

Beyond the financial aspects, caregiving for a special needs child is more complex and demanding than for a child without special needs.

If responsibilities are going to be allocated, there should be a clear and comprehensive allocation of responsibilities.

If not, one parent should be designated as primary custodian and caregiver and be awarded sufficient parental responsibility and authority to provide appropriate care unfettered.

Designation of an alternate legal guardian should be made in the event that the primary caregiver dies or becomes unable to care for the special needs child. In appropriate cases, a legal guardian may be appointed for a special needs child who is an adult based on chronological age but nonetheless in need of a legal guardian.

A primary caregiver should maintain a care journal that captures the daily caregiving routine, to aid any successor guardian. It should include information about the child’s preferences and behaviors.

Read more in this Lexington [Kentucky] Herald-Leader article: Divorce planning for children with special needs.

Israel appears to be behind the US in regards to its child support enforcement infrastructure … but poised to overtake us before long.

Behind the US in that they are just now establishing governmental child support collection specialists who focus on support enforcement to assist custodial parents with enforcement. The specialists will have access to tax, inheritance and other financial transactions records of deadbeat parents.

Poised to overtake, with some proposed new measures with teeth, including:

1. denial of government benefits to parents behind in paying child support
2. exclusion of deadbeat parents from public office
3. prohibition of ownership of cellular phones by parents who don’t pay their child support and
4. barring of deadbeat parents from government employment

Read more in this Israel Haaretz news article: New bill may keep deadbeat dads from cell phones, state jobs.

Father has Children with Mother, his first wife, as well as his current wife.

Father lives a high lifestyle from his loft in the SoHo neighborhood of Manhattan.

Father uses multiple aliases and holds himself out as being a wealthy Austrian prince.

In reality, Father is an FBI informant from Michigan, with both a psychiatric history and a criminal history.

And Father allegedly owes $200,000 in past due child support to his first wife.

Father is now under arrest in Michigan and confined in jail for nonpayment of child support.

For which charge an attorney has been appointed by the Court.

Read more in this New York Post article: Phony prince outed after child-support bust

Missouri Mother and Father have two Children together.

Children live with Father.

Mother is ordered to pay child support of $325 per month for the Children.

Mother is allegedly behind in her child suppport payments … by a full year’s worth of payments.

A summons for Mother’s arrest on two counts of nonsupport has been issued.

These are felony charges.

If convicted, Mother may be sentenced to as long as four years in prison, as well as a fine of $5,000 for each count of nonsupport.

Read more in this Marshall [MO] Democrat-News article: Marshall woman accused of failing to pay child support.

A Detroit area Man is facing incarceration for not paying his court-ordered child support.

For a child who isn’t his, according to a paternity test.

Because the Mother identified the Man as the child’s father on her application for public assistance.

The problem is that the DNA test was performed long after the Michigan family court entered its child support order – and beyond the time limit allowed by law.

But this wasn’t the all too commonplace case of an alleged father ignoring child support papers served on him.

No, this Man was actually incarcerated in Michigan at the time of the child support case brought by the Michigan child support agency.

And it appears that the Man was not properly served in the case. Even though the court was aware that the Man was incarcerated.

And the state did not provide the Man with a paternity test to potentially disprove that he was the father.

As required by Michigan law.

The Man is awaiting his day in court and hoping he will be released from his child support obligation.

Once a man is legally determined to be a child’s father, that father will generally be legally responsible for child support – even if a DNA test later conclusively establishes that he is not the father.

Read more in this Detroit WXYZ ABC TV news article: He has a DNA test to prove it’s not his son, but still has to pay child support.

The city of Worcester, MA marked Father’s Day this year with the arrest of sixteen fathers reportedly owing more than half a million dollars in child support arrears collectively.

Are these parents simply ignoring their responsibilities?

Well, according to federal data, two-thirds of so-called deadbeat dads are at the poverty level of income, with only four percent reaching $40,000 per year in income. Pre-recession.

Massachusetts imposes the highest rate of interest on child support arrearages in the nation: eighteen percent.

And last year Massachusetts increased its reportedly already high child support guidelines even more. During the recession.

Parents suffering reversal of fortunes rarely take the proper legal steps to modify their child support obligations, and even more rarely succeed in obtaining a child support reduction.

In many instances, fathers who fall behind in child support borrow from their parents to avoid being held in contempt of court and jailed.

Of course, there is no reason to think that custodial parents are faring any better in the recession than noncustodial parents.

Read more in this Worcester [MA] Telegram article: ‘Deadbeat dad’ raids unjust.

North Carolina Mother and Father are no longer together.

But they have two children together for whom Father was ordered to pay child support.

Father reportedly is more than $90,000 in arrears in his child support obligations.

In 2009, the North Carolina family court issued an Order for Arrest of Father.

Mother keeps tabs on Father’s criminal record daily through the North Carolina courts web site.

Now Father is arrested on an unrelated matter.

Mother springs into action in pursuit of her children’s overdue child support.

Upon Mother’s inquiries, court personnel have no knowledge of the Order of Arrest.

But Mother doesn’t give up. And finally the Order for Arrest is located in the court file.

Unfortunately, there is no record of it in the courts’ computer system.

So law enforcement authorities would not be in a position to serve the Order on Father but for Mother’s vigilance and diligence.

When Father comes to court on the unrelated charge, he is served with the Order for Arrest.

Now Mother awaits the Court’s action upon the order and Father’s arrearages.

Mother’s difficulties reportedly stem from the fact that Father lives in a different county from her and her children.

It’s not clear why Orders for Arrest aren’t entered into the state’s computer system.

Read more in this Charlotte [NC] News 14 article: Mother frustrated by county’s handling of child support

North Carolina Husband and Wife have two children.

Husband works as corrections officer.

Wife files for child custody, support and alimony.

Trial court orders Husband to pay $1,100 in monthly child and spousal support.

Husband quits his corrections officer job after entry of the support order. …

And joins a religious commune which forbids members from making money outside the commune.

Husband fails to pay court-ordered support.

Wife files for contempt.

Husband defends on the basis of religious freedom and inability to pay.

Trial court finds that Husband’s new religious beliefs are genuine. …

And holds Husband in contempt anyway.

Husband’s change of religious heart flies in the face of the court’s order.

Husband appeals.

Appellate court affirms and holds Husband to his court-ordered support payments.

Read more in this Courthouse News Service article: Faith Is ‘Irrelevant’ to Child Support, Court Says.

Ohio residents don’t have to go any further than their own home computers to learn about child support enforcement in general and their own cases in particular.

Not by painstaking independent research either.

Ohio’s child support enforcement agency holds online chat sessions where general information is disseminated, including answers to participants’ general questions.

Adding to the convenience factor, any child support customer can chat online privately with agency support personnel about their individual cases at other specified times.

The agency also keeps in touch with customers on social networking websites.

Compare that to navigating a voice mail menu only to eventually have a computer-synthesized voice count down your long wait to speak to someone who can help you …

Read more in this Cinncinnati Enquirer article: Online chat for public to learn more about child support.

Australian Mother and Father conceive a child.

Their relationship is short-lived.

Father leaves the area.

Mother repeatedly attempts to contact Father, both through letters to his parents and letters to his new girlfriend.

Father, inferring that Mother is seeking child support, makes no response.

Mother is left with no option but to sue Father for child support.

But how can Mother serve Father if she can’t find Father (in the flesh)?

Well, in this particular instance, Father is active on the social networking site Facebook.

Under the circumstances, the Australian Court enters an order permitting Mother to have the elusive Father served with legal process via Facebook. The Court supports its ruling by simply acknowledging current technology in widespread use, and used in actuality by the intended recipient of service.

Shortly after Mother’s attorney forwards the legal documents to Father via Facebook, Father closes his Facebook account and also takes down his MySpace website.

Certainly sounds like Father has received Mother’s legal papers.

This case from Down Under should not be interpreted as approving electronic service of process in all US states or in all cases.

But it does go to show that, under the proper circumstances, in specific cases, courts are more and more likely to authorize service of process via e-mail and/or via social networking websites.

Read more in this Times of India news article: Legal notice can be sent via Facebook too and this University of Richmond Law School Law Review article: Superpoked and Served: Service of Process via Social Networking Sites.

Everyone knows someone (if not lots of someones) who can’t collect child support due them.

But there are people who don’t receive their child support because they simply fail to notify the child support agency in their community of a change in their address.

In one Texas county, payments to some one hundred fifty support recipients have been returned to sender.

The county has been able to whittle that number down to almost nothing now, but it took time and effort.

The remaining support monies that could not be delivered will soon be turned over to the state as unclaimed property.

Read more in this [Corpus Christi, TX] Caller-Times article: Child support sits unclaimed.

Ex is ordered to pay child support in divorce. But Ex isn’t paying.

You’ve tried wage garnishment. Driver’s license suspension. Liens on assets. Etc.

But Ex is still way behind.

What’s next?

Maybe it’s time for a different sort of enforcement mechanism.

Most Wanted Deadbeat Parents … a sort of Deadbeat TV.

The latest in a rash of reality TV shows.

Featuring parents who are not paying their court-ordered support.

Imposing what is arguably the harshest punishment for nonpayment: publicity.

At least that’s what the new television show’s producers hope.

Time will tell how this new enforcement remedy stacks up against more traditional statutory measures.

Read more in this [Moosic, PA] WNEP-TV 16 news article: New TV Show Targets Deadbeat Parents.

A financial advisor offers some comprehensive life planning advice that is also well worth reading for anyone contemplatling divorce.

Acting upon this advice, especially having a premarital agreement based upon discussions inspired by it, could save substantial money and hostility in the event of a divorce.

Things to discuss and decide together:

1. who will be responsible for which debts and liabilities?
2. remember, even after the wedding, while there’s marital harmony, it’s never too late to come up with a postnuptial agreement, if desired
3. who will be the primary caregiver for the children?
4. will the primary caregiver take time off work? how long?
5. how will any needed daycare be paid for and chosen?
6. how will healthcare for mother and baby be paid for?
7. how much savings does the family need in case of emergency?
8. how will life insurance on the primary breadwinner be paid for?
9. how will the children’s college be paid for? when will you start saving for it?
10. do you need living trusts, medical powers of attorney, wills, etc?
11. will the person handling your final affairs be able to locate and access your safe deposit box and identify your accountant, financial planner, insurance agent, attorney, etc?

Divorce specific:

1. how should property be divided, so that each spouse receives sufficient liquid assets as well as not so liquid assets?
2. how can you give the children stability and continuity after divorce?
3. who will take care of the children most of the time? when will the other parent see the children?
4. how will the children be supported financially?
5. should retirement accounts, trusts, wills, etc. be updated to protect the children and reflect the change in marital status?

Read more in this Sacramento KCRA-TV 3 news article: Paying For Life: Marriage.

When the marriage hits the rocks, the wife is far more likely to be in the dark about the couple’s assets and income than the husband is.

Too often, the wife is inclined to settle quickly for what their husband will agree to give them in order to be done with the divorce quickly.

But they may later come to regret that.

A more prudent course is for women to acquaint themselves with their marital finances and collect copies of financial records before the divorce is upon them.

That can save a lot of time and money, and goes a long way toward ensuring a fair division of property.

In cases where there are sufficient assets and income in issue, the wife should have an accountant and a financial advisor on her divorce team with her lawyer.

In some cases, if necessary, it may also be worthwhile to borrow money if the Wife does not have sufficient liquid assts to meet her short-term living expenses and case expenses.

Read more in this Tulsa [OK] World article: Women often financially blind when divorcing.

Fatal domestic violence incidents, particularly murder-suicides, are becoming an epidemic, according to a representative from one central Florida shelter for domestic abuse victims.

In 2008, there were two murder-suicides in Orange County, Florida. In 2009, ten. Orange County reportedly has one of the highest rates of domestic violence in Florida.

The most recent area incident was the killing, allegedly by an ex-husband, of his ex-wife and her new husband. Twelve years after the divorce.

The couple had five children together, but there also appears to have been a history of domestic abuse.

The former husband allegedly just began shooting at the door of his ex-wife’s home one morning.

The suspected motive: the former husband had been $200,000 behind in his child support payments, so the court had awarded the former wife a rental property that was worth over $1 million. When the former wife sold the property, she collected the entire net sales proceeds.

Read more in this WDBO-AM news article: Domestic violence murders becoming an ‘epidemic’ and this WFTV 9 news article: Child Support May Be Motive For Triple Murder.

When it hits you that your marriage is not going to make it, no matter how distraught you are, it’s important to take care of business while you may still have the opportunity.

1. Ensure that you have some liquid cash flow from marital assets

2. If possible, take measures to secure your accounts, so that your partner doesn’t clean everything out

3. Make sure you will receive copies of all account statements as they are issued

4. Gather copies of important financial records ans store them in a safe place

5. Secure your personal items

6. Consult an attorney about your rights

7. Consider notifying your children’s school or daycare provider about the change in your children’s family life

8. Maintain your personal safety

9. If your partner is civilized, maintain a dialog

Read more in this Australian News article: It pays to act quickly after divorce.

Wisconsin Mother and Father are divorced for six years.

They have two children together.

Father is seeking a reduction in child support.

He is also seeking timesharing and visitation with his children, something he has neither had nor sought for six years.

The children have a guardian ad litem charged with looking out for them.

The children have trust funds for their benefit.

The funds were seized from Father, in satisfaction of a civil judgment in Mother’s favor.

Father was convicted of beating her nearly to death and then leaving her for dead.

Father is in prison for the attempted murder of Mother.

Father proposes that his parents bring the children to visit him there.

Father complains that he has no income in prison with which to pay child support.

But the seized monies are being applied to that purpose.

The state of Wisconsin advises the family court that it will prosecute additional charges of harassment against Father for pursuing timesharing and the reduction of his child support.

Read more in this Racine [WI] Journal Times article: His victims, his family: Man requests visitation, lower support payments for children whose mother he tried to kill.

New York may not recognize homosexual marriages or civil unions.

But New York’s highest court now recognizes a former homosexual partner’s standing to seek timesharing with a child born during the relationship.

New York surveyed the law developing in other states in carving out a narrow exception to the usual requirement of biological ties or legal adoption in order to assert custody or timesharing rights.

The legal standard to be applied will be whether it is in the child’s best interests.

New York’s Court of Appeals also now recognizes that a former homosexual partner may have an obligation to pay child support to the other parent of a child born during the relationship.

A court must determine that the paying spouse is a legal parent before it can order child support payments.

Read more in this [Boston] WBZ News Radio 1030 article: NY court backs lesbian’s right to seek visitation.

The threat has been repeated countless times.

“You won’t get one dime of alimony. I’ll file for bankruptcy first.” Husband.

Wife panics.

But neither alimony obligations nor child support obligations can be changed by a bankruptcy court from what family court ordered.

However, a bankruptcy attorney recommends filing a nondischargeability complaint in the bankruptcy case to ensure notice and protection of the receiving spouse’s interests.

And if there are arrearages in support, the spouse who is owed back-support is actually at the top of the heap of creditors. Back support obligations come off the top of the “bankruptcy estate” (what the bankrupt spouse has left).

Read more in this CreditCards.com advice column: Bankruptcy doesn’t absolve spousal support payments.

Some states send child support to the receiving parent by uploading it to a debit card.

While that system has its convenience, it is not without problems.

A New Jersey Mother got a text message indicating that her debit account was blocked. The message provided contact information to straighten things out.

Unfortunately, after calling the number – and providing personal information – Mother’s account was cleaned out.

Mother reported the fraud, but she was behind two other victims the same morning.

The FBI advises against responding to unsolicited e-mails or text messages about child support debit card accounts.

Strangely, neither the police nor the child support enforcement agency in New Jersey were aware of the child support debit card scams.

Read more in this Newark [NJ] Advocate article: Newark woman scammed out of child-support money.

Husband has 400 million UK pounds.

Husband goes through divorce.

Husband is ordered to pay alimony and child support.

Husband allegedly pays Wife nothing.

Husband allegedly fails to make full disclosure of his financial affairs … over three years of litigation.

Husband reportedly owes 2 million UK pounds in taxes.

Husband files for bankruptcy.

Husband now shows up in family court without attorneys to represent him.

Wife contends that Husband has cleverly hidden his assets.

Wife informs the UK Court that she is close to the end of her resources yet must pay the couple’s children’s tuition, rescue their home from foreclosure, and pay her attorney’s past due fees or risk loss of counsel.

Court defers on Wife’s pleas for assistance, but advises Wife that she may pursue these issues at trial … next month.

The silver lining for Wife may be that the bankruptcy trustee may “peel back the onion” of Husband’s financial affairs, and Wife may benefit from that investigation at no further cost to herself.

Read more in this London Evening Standard article: £400m divorce battle tycoon: I’m bankrupt and this Ireland Independent article: Property tycoon in £400m divorce battle declared bankrupt.

Louisiana has legal gambling.

Some divorced and separated parents of Louisiana children collectively owe $1 billion in child support. Many individual parents owe more than $10,000.

Some of those parents win money gambling though.

What’s wrong with this picture?

A Louisiana senator believes a parent’s gambling winnings should be applied to that parent’s back child support.

And he’s introduced legislation to make that happen, at least where the parent’s winnings exceed $1,200.

This is likely easier, less expensive and generally more effective than garnishing wages and suspending driver’s and professional licenses.

If the proposed legislation is passed, Louisiana will join the ranks of states that already look to gambling winnings for child support arrears.

Read more in this [Louisiana] Daily World editorial: Seize winnings of deadbeat parents.

Before tax season fades out of sight and out of mind, it is worth a refresher (or primer) on tax treatment of two of the most common types of payments required in a divorce settlement:

• Child Support – Child support is not deductible by the parent paying it, nor is it taxable income to the parent receiving it.

• Alimony – Alimony (or spousal support), however, is a different tax story. Alimony is generally deductible by the spouse paying it and taxable income to the spouse receiving it. According to a California CPA, it should be noted that alimony is not deductible for the period that the spouses live in the same residence. That California CPA also highlights that, for income tax purposes, support payments are applied first to child support, until it is paid in full, and only then to spousal support. So, if the paying spouse is behind in their payments, they will not get a tax benefit for characterizing payments as alimony when child support is not fully paid.

Read more in this Merced [CA] Sun-Star article: David Bruner, The Tax Man: Alimony, child support.

State of Arizona collects some overdue child support from a Washington State father’s bank account. Cleans it out in fact.

Sounds like a good thing.

But it’s not.

Because the father who owns the account is not the father of the child for whom the child support was seized.

He has a similar (and common sounding) name.

But he’s a totally different guy.

It’s undoubtedly a computer’s fault. It usually is. Or so they say.

Arizona doesn’t really know how it happened.

But they believe that they’ve made full restitution to the victim. After media intervention.

Now the poor guy feels like he has to check on his account balance every single day … just in case.

Meanwhile, Arizona presumably still hasn’t found the right guy, the one who reportedly owes $46,000 in child support.

Read more in this Seattle KING 5 TV news article: Wrong man’s bank account cleared for child support money.

Of course, not every state can be first. And some are bound to be a bit slower than others.

But South Carolina wins the grand prize.

They are getting ready to rollout a centralized computer system for child support enforcement and tracking statewide – and beyond.

And it comes only twenty-two years late under federal requirements.

Still, the advantage of waiting so long is that South Carolina’s system will be the absolute latest, greatest.

The disadvantages include huge penalties to the federal government. As in $72 million so far – and another $10 million soon enough.

The new system will interface with other states’ systems to follow movements of people with child support obligations and new hires registered in state employee tracking systems.

Once finally implemented, more custodial parents should be receiving more child support money, much faster.

Read more in this Spartanburg [SC] Herald-Journal article: History of the Spartanburg Herald-Journal.

Recent restrictions on executive compensation are having significant impact on divorces of people in the financial services industry. Nowhere is this felt more than in New York, where so many people are employed in the targeted financial services industry.

Employers have dramatically reduced cash bonuses, until recently a huge component of compensation. Instead, employers are compensating employees with company stock of speculative value and varying vesting dates, and deferred cash payments.

The effect is to reduce current cash income for purposes of calculating child support and spousal support.

Depending on exactly how the compensation is structured, it may also change the character of the compensation from income available for support to property which must be divided.

Meanwhile, the reduced current cash income is overextending family resources for private school tuition payments and carrying costs for existing second homes, not to mention support payments.

The timing and uncertainty of real, cash income is breeding increasing litigation over the financial aspects of divorce for financial professionals.

Dependent spouses seem to be getting the shorter end of the stick in these situations. Less cash income available for support now. Disputes over whether deferred cash or benefits / assets is even marital and, if so, as of what date should they be valued.

Ultimate impact on divorces of financial professionals? More, expensive litigation in filed cases … but markedly fewer cases filed.

Read more in this Bloomberg BusinessWeek article: Bonus Pay Changes Put ‘Massive Wrench’ in Wall Street Divorces.