Q. Tell us about yourself and your practice.
A. I have practiced in the family law arena for almost fourteen years in Central Florida, with an emphasis in divorce, paternity and other child-related matters. I have been involved in over 1,000 domestic cases, the majority of which involved disputes between parents concerning custody, Time-sharing, parental responsibility, spousal support and child support, among other issues.
My accomplishments have been recognized by Orlando Magazine in a feature entitled “Among the Best” divorce attorneys and on Fox35 News when I was consulted as a legal expert in Seminole County in May of 2004. Much of my practice is devoted to assisting clients with the challenges created by the necessity to raise a child without the benefit of an intact family. This ostensibly occurs in the event of a divorce or when a child is born out of wedlock.
Q. Do you offer a free initial consultation?
A. Our firm offers a free consultation to all referrals and former clients, and charges a minimal consultation fee of $50.00 to other potential clients seeking the benefit of our services. This fee is then applied towards the initial retainer charged in the event that a client retains the firm for a family law matter.
Q. What are the main areas of practice your firm focuses on?
A. Our firm focuses on providing legal services in the areas of divorce, family law and bankruptcy. I concentrate solely on divorce and family law primarily because my interest lies in those areas, but also because the complexities of this field demand the engagement of very specialized resources to the exclusion of other areas of practice. In the family law arena itself we are not only focusing on the actual divorce or paternity process, but the following sub-issues:
A. Parental responsibility
B. Child custody and Time-sharing
C. Alimony and child support
D. Equitable distribution of assets and debts
E. Relocation
F. Domestic violence
G. Counseling and
H. Appeals and modifications of the foregoing.
The mother’s role as it relates to any divorce or other family law action is a unique one due to the mother’s relationship with the minor children. The key to ensuring the emotional and financial well-being of a mother in such a case is to take a global approach to not only the child-related issues, but to all of the issues in the case, including the distribution of assets and debts, the residence, spousal support, and other issues.
The mother’s traditional role as primary custodial parent is increasingly being attacked via family law litigation and the defense against the deterioration of the importance of any mother, as it relates to the upbringing of the minor children requiring a unique combination of skills. Our efforts in this area are born from an understanding of the sociological, psychological and financial aspects of the dissolution of a marriage as well as a keen legal mind, tireless preparation, significant resources, and unparalleled trial abilities.
Q. How do I engage your services?
A. If you are in need of legal services to address a divorce, paternity action or some other family law related matter, simply call our office at (407) 426-6999 or send us an inquiry via e-mail directly from our website at www.roberts-robold.com. I invite you to meet me in person at one of our two offices (in Orlando or Kissimmee) where you can personally judge me and my staff and inquire as to your case during a thoughtful interview at our mutual conveniences.
Q. How is spousal support determined?
A. Spousal support is based on a number of factors pursuant to Florida law, including the length of a marriage, the need of the receiving parent and the ability to pay of the paying parent, the standard of living achieved by the parties during a marriage, and the contributions made by each parent to the marriage, including the raising of minor children. This remedy is not available unless you are married. In addition, there is no bright line test for alimony, like there is in Florida for child support, and therefore we rely much on the discretion of the Judge in each individual case.
Due to the absence of a statutory formula, it becomes even more important that the litigant seeking spousal support be represented by a competent and experienced attorney. Adultery by the seeking spouse, though not dispositive as to the issue of alimony, is still a factor and can bolster the defense of a potential payor against an alimony claim.
Q. What are the cases in which spousal support amount can change?
A. If spousal support has been awarded to a former spouse, the amount can be modified if the nature of the original award was “permanent” alimony. Permanent alimony is usually awarded when there has been a long-term marriage (about 13 or 14 years or more) a need and ability to pay, and a requisite disparity in the incomes or earning capacities of the parties. It will normally terminate upon the re-marriage of the receiving spouse, the death of either party, or in some cases the co-habitation with a third party of the receiving spouse to the extent that same contributes to the expenses of that party.
In the event that either party has a significant change in employment or in the relative financial circumstances of the party, then either may seek to modify upwards or downwards the initial permanent award. Other forms of alimony such as rehabilitative alimony or lump-sum alimony are often times non-modifiable and not as easily subject to modification.
Q. What are the steps to follow in relocating?
A. The Florida Legislature has been active the last several years in efforts to revise the laws relating to the relocation of minor children. About two years ago a new law was enacted that requires all parents subject to a custody order (and arguably all parents) to serve the non-custodial parent with a Notice of Intent to Relocate in the event that the primary residential parent desired to move the minor children more than fifty miles from the principal place of residence. If the opposing party objects to the Notice of Intent to Relocate then it is necessary to file a petition to modify certain aspects of the original decree and for relocation, which has led to significant litigation. This is the current state of the law until October 1st of 2009 when substantial revisions will take effect.
In an effort to address certain ambiguities of the current law, the Legislature is essentially requiring all parents seeking a relocation of the minor child to file a court action to address this issue. In essence, it has become much more difficult to relocate and it is important for mothers to very carefully follow each and every step set forth in the statute in order to avoid being subject to very substantial penalties, including attorney’s fees and the possible loss of custody.
Q. In case of high value joint assets what is your approach?
A. Our firm specializes in high asset divorce cases where the equitable distribution of significant assets has even more of an impact on the emotional and financial well-being of both parties. Our approach starts with the creation of a team of well respected experts whose task is to assess earning capacity, track down hidden assets, and value property or business holdings.
It is important to understand that even if you have not worked with a business that was created during the marriage, it may well be a marital asset the value of which should be equally distributed amongst the parties. In this regard time is not your friend, due to the fact that the party who controls the asset prior to divorce very often takes precautionary measures to move around monies or to hide significant assets in the event of a divorce. If you know that a divorce is imminent and suspect that your spouse is hiding assets you should act immediately to take steps to protect yourself by speaking to an attorney.
Q. If one is not satisfied with the ruling, can one go to appeal?
A. On occasion a Judge will issue a ruling in a family law case that does not comport with the law or the facts of the case. In such event, the unhappy litigant can file an appeal within the appropriate time frame to request review by an appellate court of the Judge’s decision. Our firm provides such appellate services, and in fact I work hand-in-hand with a full time appellate attorney from our appellate department, with much success.
My efforts in this regard over time have lent me a distinct advantage over my opponents, insofar as all successful appeals depend on the creation of an appropriate record at the trial level. Although appeals can sometimes be somewhat costly, they are an effective tool to correct the errant rulings that we sometimes receive from Judges whose routine mistakes can be devastating in the lives of every litigant. |
