The Lengths to Which Courts can Go to Collect Child Support Payments

The court system can go to great lengths to collect overdue child support payments. These are some of the ways that courts can take money from you and apply it to child support if you do not pay:

• Garnishing wages
• Seeking bank accounts
• Selling assets from your estate (even death cannot get you out of the obligation to pay child support)
• Additionally, the court can impose the following non-financial punishments for failure to pay child support:
• Contempt of court
• Suspension of driver’s license
• Suspension of passport

The Courts Generally Treat Child Support and Visitation as Unrelated

If you do not keep up with child support payments, the court can interfere greatly in your finances and in other aspects of your life, such as your right to drive and travel. What it cannot do is take away your right to spend time with your children. Parenting plans deal with every aspect of raising children after divorce except financial ones. For example, they specify which days, including which holidays, the children spend with each parent, and they specify which parent has the right to make certain decisions regarding the children’s education and health. The idea is that money comes and goes, but parent-child relationships are forever. Besides, the courts generally hold that it is in the best interest of the children to spend a substantial amount of time with both parents, regardless of financial circumstances. Conversely, having little or no visitation time with the children, even being estranged from them completely, does not erase child support obligations.

Contact Alan Burton About Enforcement of Child Support Orders

It can be frustrating if your former spouse does not make the child support payments that the court ordered as part of your divorce. Contact Alan R. Burton in Boca Raton, Florida to help get the child support money that is owed to you.

Specifically, Grayson claims that his wife married him in 1990 and did not legally divorce her first husband, Robert Carson, until 1994. These claims are based on divorce records discovered in Broward County, Florida for “Lolita B. Carson.” His wife claims that the divorce involved a different Lolita Carson and that she was actually divorced in Guam in 1981. Neither Grayson nor his wife have been able to locate Robert Carson to testify in the matter.

Effects of an Annulment

If Lolita Grayson was actually still legally married when she wed Alan Grayson in 1990, the second marriage would be legally invalid and the court would issue an annulment. While both a divorce and an annulment serve to dissolve a marriage, an annulment treats the parties as if they had never been married in the first place. This has the following legal effects:

• No property would be considered “marital property” and equitably divided under Florida’s property division laws.
• No inheritance rights would exist based on marital status.
• Neither spouse would have claims to insurance, retirement, or similar benefits.

Annulments do have some similarities to divorces, however. For example, custody issues are treated in the same manner and children of an annulled marriage are considered legally legitimate. Additionally, a judge can award temporary alimony in some cases, especially if one spouse was a victim of fraud on the other’s part.

Rep. Grayson is likely pursuing an annulment for a few reasons. First, his worth is reportedly valued at $31 million and he would not have to divide his assets with his wife. Second, by accusing his wife of wrongdoing, he is likely hoping to draw attention away from his wife’s own accusations against him of battery, financial abandonment, and more. Overall, the Grayson divorce seems rife with bitterness, dramatic allegations, political and financial motives, and other complications. The trial has been delayed numerous times for various reasons ranging from changes of attorneys to leaking breast implants. Some of the issues have been so extraordinary that the presiding judge even likened the dramatic case to the political drama House of Cards. We will be watching whether the case actually moves forward to trial and whether Grayson’s bigamy allegations will garner an annulment.

Contact an Experienced Florida Family Law Attorney for Help

If you are considering seeking a legal annulment or a divorce in Florida, you should always have the assistance of an experienced lawyer who understands all of the state laws related to dissolution of a marriage. As demonstrated by the above case, divorce cases can have many unique legal issues and complications and you should have an attorney who knows how to protect your rights in such situations. Please call the law office of Alan R. Burton in Boca Raton for a free consultation today.

No matter how often divorce attorneys warn clients to stay off social media, we are constantly surprised by how many people ignore this basic advice. Some clients believe their online activities are okay because they “defriended” or “blocked” their spouse. However, you likely still have some online contacts in common with your spouse, and those “friends” may always report information back to your spouse. Information online is widely discoverable, so it is always the best idea to stay off these sites or even suspend your profile until after your divorce is final. The following are some issues that social media posts may adversely affect in your divorce.

Spousal Support and Property Division

If your spouse has significantly greater earning capacity than you, you may likely want to seek a greater portion of the marital assets and property or spousal support. However, social media posts may belie your claims of financial hardship and need for support. Photos of you on vacation, at concerts, or even a simple “check-in” at an expensive restaurant may give your spouse ammunition to fight against any spousal support orders.

Child Custody

If you and your spouse are arguing about any custody or time-sharing issues, you never want to risk looking like an unfit parent. For example, if you post any status updates or pictures that may indicate you are participating in excessive use of alcohol, drugs, or other partying activities, your spouse may use those to try to demonstrate that you are not acting in the best interests of your children.

Additionally, even if you do not post your own photos, there is always the chance that a friend will tag you in a post or photo. Even associating with questionable people can cast doubt on your reputation and your ability to act as a fit parent and role model.

The Ability to Negotiate with Your Spouse

It is often very tempting to air dirty laundry on social media sites. When emotions are running high, people may post negative messages regarding their estranged or separated spouse. This may cause tensions to rise and can make your spouse less likely to want to work together to come to agreements in divorce. Such acrimonious relationships often lead to litigation and lengthy battles to decide even the smallest of issues in a divorce.

In short, it is always best to stay off social media sites during a divorce and never risk that something you post may be taken the wrong way. If you are considering divorce, experienced Boca Raton divorce attorney Alan R. Burton can assist you with every aspect of your case.

If a couple cannot reach an agreement regarding who may stay in the home, the issue will have to be litigated in court. The court will look for a way to most equitably divide the property in accordance with Florida divorce law. Often, this may require the couple to sell the family home at fair market value, pay off the mortgage, and then divide the net proceeds equitably, if there are any.

Note that equitable distribution of property is not always 50/50 as the court considers many factors when deciding how to fairly divide property. For example, if one spouse had an affair, gambling problem, shopping addiction, or other factor that caused them to waste marital funds, the court may award that spouse significantly less proceeds for the home sale.

Selling the home may not always be preferable for divorcing spouses, especially if there are children who do not wish to be uprooted or if there will not be enough net proceeds for future down payments on separate properties. While a court will examine all of these circumstances, there is always a chance that the judge will order the sale of the family house in a Florida divorce even if it is against the wishes of the spouses.

The Importance of Working Towards Agreements in Divorce

Divorce can be complicated, especially if you and your spouse own a home or other substantial property. If you cannot agree on certain matters, such as who will remain living in the house, you risk leaving those decisions up to the divorce court. The decision by the court may not be the solution either of you preferred, so it is always better to negotiate and work together to agree on important matters. Working together may be difficult if your relationship has deteriorated beyond a certain point, and in such situations, an experienced divorce attorney can work to negotiate on your behalf.

An attorney will not let emotions cloud his judgment during the divorce process and is therefore able to focus on what is best for you. Spouses who have qualified attorneys often have a better chance of coming to agreements and avoiding litigation. This is usually preferable as litigation can be costly, time-consuming, stressful, and will often end up in a less desirable result—such as selling the home and dividing the profits.

Contact an Experienced Boca Raton Divorce Attorney for Assistance

Alan R. Burton is a highly experienced divorce attorney who has many resources to try to keep divorcing spouses out of court and come to agreements on their own. If you are facing divorce, contact our office today for help.