Oftentimes, a court orders a party to pay child support and that party fails to pay.  The proper action the recipient party should take may be to file a motion for contempt for failure to pay child support.  Remember, however, the paying party is not necessarily in contempt simply for failure to pay.  The court must find more then simple failure to pay.  

In order to find a party in contempt, the court must find that the party willfully failed to follow a court order.  SO, if a party truly has no ability to follow the court order, the party is not in contempt.  

This creates somewhat of a repeated problem.  To start, the party receiving the money generally doesn't have a full understanding of the other party's financial situation.  The party who receives the support payments stops getting them one day and assumes the other party made a conscious decision to not pay.  

The answer is no and the 1st District Court of Appeal issued an opinion on October 31, 2011 explaining the rule as it pertains to the issues presented in Pulkkiene v. Brautcheck.  In the Pulkkiene case, the mother petitioned the court to domesticate a final child support judgment from Michigan.  

Interested in learning more about your rights in a family law proceeding in Florida?  Schedule a consultation with a Palm Beach Gardens family law attorney by calling (561)472-0919.  Or, complete a consultation request form on our main page and we'll contact you.  

This is called "Domesticating a Foreign Judgment."  It's required in order for the Florida court to have jurisdiction to enforce the order.  Why would you domesticate a foreign judgment?  The most logical reason is that some or all of the parties now live in the new state - here Florida - and it is more convenient to engage in litigation in the state where you live.  Another reason to domesticate is to enforce a judgment.  It can be argued that litigating a support enforcement case, for child support or alimony, is more effective when litigated in the state the payor resides.  That's because the court has jurisdiction over the payor and his/her property located in the state.

Thomas v. DOR and Small, a 1st District case published October 31, 2011 reminds unrepresented litigants, aka pro se litigants, that the practice of law is very procedural and not following the rules can result in a big waste of time.  In this short opinion, it appears Mr. Thomas filed a writ of mandamus, seeking for the appellate court to order the trial court to order his request for a paternity test.  The appellate court notes that a writ of mandamus is improper in this instance, stating, "Absent a showing that an express and distinct demand for performance of this sort has been made, mandamus will not lie.  See Al-Hakim v. State, 783 So. 2d 293 (Fla. 5th DCA 2001).

A good reminder that a free Attorney Consultation is probably worth your time!  To schedule a consultation with a Palm Beach Gardens Family Law Attorney in our office, call (561)472-0919 or click "Family Law Consultation" and submit a request form.

What Circumstances Justify an Income-deduction Order in Divorce Proceedings?

Courts often use  income deduction orders (IDOs) to enforce a spouse's or parent's duty to meet support related financial obligations.  An IDO is basically a garnishment order.  It directs a payor's employer to deduct the support from the payor's paycheck.  The money is then sent from the employer to the recipient, either directly or through the Department of Revenue.  There are pros and cons to IDOs.  

It's clearly an easy means of paying and receiving support.  No check must be written by the payor.  No risk of forgetting the payment.  No needless emotional involvement everytime the check is stroked.  The downside is that it's automatic. In a day when online banking allows us to set up auto-pay on virtually any payee, is it really necessary to leave this issue to the courts?  

A former spouse initiating a contempt proceeding or other enforcement action regarding the other former spouse not meeting a child support duty requires that the trial court where the enforcement is sought follows the proper procedure for determining what, if any, enforcement is proper.

Interested in knowing your rights and obligations in a family law proceeding?  Schedule a consultation and you'll be able to meet with a Palm Beach Gardens Family Law Attorney.  To do so, just call our office at (561)472-0919 or click on "Palm Beach Gardens Family Law Attorney" and complete a contact form.

The former wife’s challenge to the trial court’s denial of her request to hold the former husband in contempt for not meeting child support duties that were imposed in conjunction with the divorce case of Opatz v. Opatz required that the Florida 4th DCA (appeals court), which covers Palm Beach County, consider whether the circumstances of the nonpayment justify finding that the former husband committed contempt.

A clear "Yes."  Because protecting the best interests of a child trumps granting each parent as much contact as possible with a child, a properly documented claim that a parent has abused a child in any way or presents a risk of abuse can result in that parent losing all or part of his or her parental rights.

Interested in knowing your rights and obligations in a family law proceeding?  Schedule a consultation and you'll be able to meet with a Palm Beach Gardens Family Law Attorney.  To do so, just call our office at (561)472-0919 or click on "Palm Beach Gardens Domestic Violence Attorney" and complete a contact form.

A father’s challenge to a mother successfully obtaining a protective order that temporarily granted her sole custody of their child in Barker v. Rodriguez led to the Florida 4th DCA (appeals court), which covers Palm Beach County, considering the merits of the father’s arguments in that case. 

Although some folks think that a divorce distribution of possessions reflects how badly one spouse acted in a marriage, this dividing up of your stuff is intended to be equitable. A roughly 50-50 split is standard, but a former spouse who shows that he or she is entitled to more may receive a larger share than his or her spouse.

Interested in knowing your rights and obligations in a family law proceeding?  Schedule a consultation and you'll be able to meet with a Palm Beach Family Law Attorney.  To do so, just call our office at (561)472-0919 or click on  "Palm Beach Family Law Attorney Contact Form" and complete a contact form.    

The validity of a distribution that awarded a former wife approximately 60-percent of the marital assets was one issue that an appeals court in Florida recently had to decide in Vanzant v. Vanzant. Another posting in this forum discusses that court’s consideration of the spousal and child support awards in the Vanzant case.

In determining what is equitable in  a divorce case, court must examine several factors that include the other elements of the divorce decree. However, basing an alimony award on a former spouse’s contributions to a marriage and on the divorce’s impact on that former spouse’s financial status show that such awards are based on a sense of fairness. 

Interested in knowing your rights and obligations in a family law proceeding?  Schedule a consultation and you'll be able to meet with a Palm Beach Family Law Attorney.  To do so, just call our office at (561)472-0919 or click on "Palm Beach Family Law Attorney Contact Form" and complete a contact form.

Unresolved disputes regarding a former wife’s entitlement to awards of alimony and equity in the marital home in a divorce proceeding resulted in the Florida 1st DCA (appeals court) revisiting those issues in Sellers v. Sellers. 

Can a judge order bridge-the-gap and nominal permanent periodic alimony?

Yes.  There are several types of alimony available under Florida law and the trial judge has considerable discretion in ordering alimony.  A judge can even order a combination of alimony types if, considering the factors of Florida Statute 61.08, it's appropriate.  Remember, on appeal the review will be for an "abuse of discretion."  That's a high burden considering the broad discretion granted. 

Interested in learning about the rights you may have in your case?  To schedule a consultation, call (561)472-0919 or click Contact a Palm Beach Divorce Attorney to fill out a contact form and we will follow up with you.

The answer is probably, but because everyone has their own definition of what one can "afford," the matter requires additional fact finding.  Why?  Becuase if this was a hard and fast rule, every payor would make their "expenses" greater than their income so that the could no longer "afford" to pay alimony.  

If you would like to speak with a Palm Beach County Divorce Attorney about your case, please call the office at (561)472-0919 and we will schedule a convenient time to meet.  Fore more information about the firm, check out the main page of our website at www.turcolegal.com. 

Upon petition, the permanent alimony should be eliminated or reduced to nominal when payor's expenses exceed income.