Featured Lawyer of the Week: Jordan Gerber, Esq. – Family Law
July 8, 2011 | Insider Tips, Media
Do I Need a Lawyer to Get a Divorce?
In a world where “c.r.e.a.m.” is as recognizable an acronym as “bankruptcy” is a buzzword, it’s only logical that many people have found themselves having to cut corners anywhere they can. You know, magnums instead of jeroboams, Maybachs over Bugattis, downsizing from summering in the French Riviera to a quick jaunt to Bali. And if it just so happens your name isn’t Carlos Slim or you don’t sit on the board of Goldman Sachs, tightening the budget most often means restructuring the way you categorize expenses. For example, when you have trained your eight year old son to answer the phone “Gee, I don’t know when a good time to call back would be Mister (credit card/bank/lending representative). Since Mama ran off with Uncle Charley, Pop’s just been sitting on the front porch drinking moonshine and cleaning his gun,”… Somehow scoring a ticket to the Oasis reunion tour you had been waiting a decade for moves from the –I don’t care if I have to feed my family Taco Bell for a month I’m buying it- category to the –no matter how much I want it it’s never happening so I may as well forget it – category.
And so, like many who reveled in the prosperity of the gilded age, when the panic of depression sets in (and yes for all that proclaim to have been blind at the possibility of an economic bubble bursting, it’s called history and it repeats itself) so comes the time to decide what is really a necessity and what is not. As a family law attorney, the question is often posed “Do I need an attorney to get a divorce?” The reply: of course not! After all, you don’t really need a professional for the majority of the things you could do yourself. Remember that time you tried to bypass the salon to save a few bucks? Or when your cousin decided to fix his own car? What about when your buddy decided to re-set his own wrist after that pick up basketball game? What may seem like a sound, fiscally responsible decision at the time usually ends up costing you twice as much in the end to fix, e.g.: orange hair, a blown transmission, and corrective surgery (not to mention that unfortunate nickname).
In our current economic environment, the two most prominent financially related reasons for not hiring a family law attorney that I consistently hear are that a party either does not have the financial wherewithal to afford counsel or their assets have dwindled so significantly that there is nothing left to fight over. The problem with this vantage point is that even if ‘ignorance is bliss’ has been the mantra of a marriage, it doesn’t translate so well into divorce. While believing your husband when he says that the lacy underwear you found in his briefcase was a gag gift from the boss may give you temporary peace of mind, signing away rights to Mr. Wonderful’s pension that you didn’t know you had… not so much.
What the Average Joe doesn’t always understand is that Pre-Nups, Post-Nups, and Marital Settlement Agreements are treated like any other contract. Meaning unless the contract’s terms are ambiguous, the Judge won’t set it aside even if one party gets screwed worse than Time-Warner did acquiring AOL. Further, if a party fails to plead something or forgets to include a substantial acquisition or
debt in an inventory of assets or liabilities, the Court will refuse to intervene in order to redistribute a property settlement. Let me point out that the categorization of marital and non-marital property is extremely intricate and constantly changing so that even the most adept internet self-educators cannot possibly cover all of their bases independently.
While the Court usually reserves the right to modify alimony, child support and timesharing, there must be an unforeseen, substantial change of circumstances which is harder to qualify for than one might think. For example, in Florida, a parent who is seeking to move more than 50 miles from their current residence must file a notice of intent to relocate. At that time, the other parent (or person exercising time sharing) can object to the said relocation if it is not in the child’s best interest; ie if it would frustrate the current timesharing arrangement.
The Court has consistently ruled that a move less than 50 miles does not equate to a substantial change of circumstances and therefore does not give rise to standing for a modification of child support and timesharing. In fact, the 2nd DCA recently ruled that a Mother moving with her child 45 miles away from the child’s Father not only failed to trigger the Relocation statute but also was insufficient to serve as grounds for a modification. Had that Father hired a competent family law attorney, there would have been a provision in the Settlement Agreement or Final Judgment that mandated the parties remain in the same school district or within 15 miles of each other unless otherwise agreed. Not a tenet that the average layperson would think to include, but that a family law attorney would deem necessary.
Building on the realization of our current dismal economic state, it is no surprise that the number of people being laid off per capita is rising more rapidly than the number of middle aged male politicians being called out as sexual deviants. That being said, one of the most unfortunate situations I have witnessed is the individual who believes they have entered into a valid agreement with their co-parent relating to child support. Because parents are obligated by law to contribute to the support of their children, this obligation cannot be disposed of via contract between the parties; as mistake of the law is not excusable.
While the parties are free to enter into an agreement pertaining to an amount of child support to be paid, that amount must be in substantial conformity to that which would be ordered by the court or the agreement will not be recognized by the court. For example, Father is supposed to be paying Mother $800/month for their two children. Father loses job. Mother agrees to allow Father to miss three months of child support payments and after Father cannot find a job after three months, Mother agrees to allow Father to pay off their daughter’s car with his severance and redo the Mother’s kitchen in lieu of the previous child support monthly payments. Six months after Father lost his job he secures employment and begins to pay his child support in full. At this time, Mother finds out about
Father’s new girlfriend, Sapphire, and takes him to court to establish child support arrears.
Father walks into Judge’s chambers confident that he will leave triumphant and with enough time to catch the tail end of the lunch buffet at his new girlfriend’s place of employment as the receipts for the car and home repairs total far more than the $4,800.00 the Mother alleges in arrears. Unfortunately for Father, and in turn Sapphire, the meteorologist’s forecast for rain proves to be incorrect as Father is found to owe the full amount of child support arrearages. Child support provides for the basic needs of a child; shelter, clothing, food. “Extras” such as car payments, extracurricular activities, and in many cases even private school are not considered in the basic child support obligation. Additionally, improvements made to real property will not be construed as being made for the benefit of the child; again, lying outside the scope of the court’s order requiring child support. This means that Father will not receive credits for payments made towards these “extras” and will still be found to be on the hook for the full amount of support.
I meet people on a daily basis permanently scarred by their decision not to hire legal counsel. The majority of who end up signing an Agreement that their spouse assured them would save them both from wasting valuable resources and shield them from the emotional trauma that accompanies litigating a family issue. In most instances, faced with the facts and circumstances of their situation, the person reasonably believed that there was no way that the interests of justice would require the services of an attorney. Unfortunately, in a highly complex area of law that is constantly evolving, sometimes justice is unattainable without the assistance of a professional advocate. After all, hell hath no fury like a woman (or baby daddy) scorned and in that situation doesn’t it make a lot more sense to have someone else in the ring for you?
After graduating from University of Miami School of Law, Jordan soon realized to find happiness in a career she would have to find something helping others without losing her independence. Starting her own family law firm was the perfect synthesis of truly embracing the role of “Counselor” while having the freedom to advocate on her own terms. The Law Office of Jordan Gerber, PA services Broward, Palm Beach, and Miami-Dade counties in all areas of family law.
When Family Issues Require Legal Attention
Jordan Gerber, Esq.
700 NW 57th Place, Suite 8
Fort Lauderdale, FL 33309
(954) 614-5814 (o)
(954) 692-9186 (f)
jordan@gerberfamilylawfirm.com
Jordan Gerber, Esq.
