Jacksonville Divorce Lawyer Blog

Effective January 1, 2011, any and all child support orders entered into on or after October 1, 2010 must provide:

1. The termination of the child support shall end on the child's eighteenth birthday, unless otherwise agreed to by the parties.
2. A child support schedule. This schedule shall state the amount of the monthly child support obligation for all the minor children at the time the order is entered. The schedule shall also provide the amount of child support that will be owed for any children remaining after one or more children in the order are no longer entitled to receive child support.
3. The month, day and year that the reduction or termination of child support becomes effective.

The recent changes also provide the Child Support Guidelines and Principles that will be follow by the Florida family courts.
1. Each parent has a legal obligation to support his or her minor or legally dependent child.
2. The guideline schedule is based upon the parents' combined net income that the child would be receiving if the parents were still living in the same household.
3. The goal of the guidelines is to encourage fair and efficient settlement of child support issues between parents, as well as minimize the need for litigation.

Continue reading "Recent Changes to Florida's Child Support Laws" »

Adoption is a legal procedure where a child becomes, through court action, part of a family that is other than that of his or her biological parents. Adoption is a very serious procedures - all ties are severed with the birth parents and any relatives of the birth parents. The adopted child is permanently transferred into the adopting family and the adopting family takes on the sole responsibility of care for the child.

Adoption will generally mean that the birth parents relinquish all their rights pertaining to the adopted child - this includes the right to see or otherwise be involved in the child's life. However, in an open adoption, birth parents retain the right to see and communicate with their child and the adopting parents take on the full responsibility of providing the child care and fulfilling the financial needs of the child. Basically, to the adopting parents, an adoption means that they have the same obligations of parents to the child as a child naturally born to them.

Who is eligible for a Florida adoption? Any minor (a person under 18-years of age) present within the state of Florida when the petition for adoption is filed. Sibling groups may also be adopted together in Florida. Adults may also be adopted with a similar procedure to that of minors.

Who may adopt a child in the state of Florida? Any adult who lives and works in the state, is of good character and has the ability to nurture and provide for the child. Single adults, married couples and step-parents may adopt.

Continue reading "Florida Adoptions - General Information" »

This is a question I get on a regular basis from potential clients. The Florida Statutes outline who can and cannot adopt in the state. Fla. Stat. 63.042 states that a husband and wife jointly may adopt, an unmarried adult may adopt, and a married person without the other person joining as a petitioner under certain conditions specified in the statute. Although there has been significant controversy surrounding the issue, the statute specifically denies anyone who is a homosexual the right to adopt in Florida.

Adoptions can be confusing and there are numerous requirements set out in the statute that must be adhered to in order to prevent your petition from being dismissed. For stepparent adoptions, close relative adoptions, and adult adoptions the requirements of the statute are slightly less convoluted. However, the process for adopting any child that does not fit in one of the above categories is complex and requires a knowledgeable attorney or adoption agency to guide you.

If an adoption is not handled correctly a birth parent can potentially challenge the termination of parental rights or adoption and get the child back. This result can have a traumatic effect on all of the parties involved. Foreign adoptions are even more complex and deserve their own article to touch on some of the major issues involved. We will cover some of the issues involved there in another article.

Continue reading "Who Can Adopt In Florida?" »

A former Naples elementary school teacher has been ordered to undergo a psychosexual examination after losing custody of her two children because she posted nude photos of herself and the children on the Internet.

Nicole Amanda Newland, who is currently undergoing a divorce in Collier County from her husband Eric Newland, lost custody after the nude photos were given to state law enforcment officials by her estranged husband. She was granted supervised visits once a week and is currently facing a state charge of Neglect of Child-Without Great Bodily Harm.

Nicole Newland has been accused of posting nude photos of herself in suggestive positions on the Internet as well as describing a “rape fantasy” online. Attorneys for her husband have argued that this endangers the children and she should not be granted unsupervised custody, which she is currently seeking.

Collier Circuit Judge Elizabeth Krier ordered Newland to undergo a psychosexual evaluation prior to ruling on further custody matters.

If you are involved in a Florida divorce or child custody case, be smart about what you post on the Internet. Your Florida divorce attorney can guide you so your case will not be compromised.

For the first time in U.S. history, women outnumber men in the workplace. This is bound to have some profound implications for what is already a growing trend in child custody cases: fathers being awarded primary physical custody of their children.

Earlier this year, a feature article in Working Mother Magazine noted that there are currently about 2.2 million American women who do not have primary custody of their children. Researchers credit the increase in fathers gaining custody with the growing number of fathers’ rights groups, which are educating more men on their parental rights as well as how to successfully petition the court for custody.

The article noted that it is not unusual today to see fathers succeed at least 50 percent of the time when seeking sole custody in a contested child custody case. The report said that in the past decade, the number of fathers who gain custody of their children has doubled as men become more involved in raising their children – not only because of their increased desire to do so, but also because more mothers are in the workplace today than ever before.

In fact, 25 percent of today’s married women earn more than their husbands, which has also led to the rise of another trend: more women are paying child support and, in some cases, even alimony.

Continue reading "Nationally and in Florida, More Fathers Are Getting Custody" »

I have clients and potential clients ask me all the time…”What is the cheapest way to get a divorce in Florida?” Before I answer them, I remind myself that this is a loaded question with no correct answer. The reason I hesitate is that there are an endless list of variables that effect divorce proceedings and the expenses involved. For starters, divorce proceedings are emotionally charged by the very nature of the underlying dispute. Married couples often have a hard time letting go of the grudges that exist between them which generally have no place in the court room. Overcoming these feelings of animosity is one of the biggest challenges Florida divorce attorneys face.

Some people ask me if filing a divorce in Florida on their own without the help of an attorney will save them money. This is another question with no right or wrong answer. What I tell them is that the divorce laws in Florida are complicated. It takes lawyers several years just to become adept at handling family law cases. In addition, the laws tend to change frequently as do the courts’ interpretations of the existing law. Different jurisdictions may handle certain issues in divorces in slightly different manners which can have long-term and far-reaching effects once the divorce is final. It is impossible for a couple going through a divorce for the first time to get a complete grasp on all of the pertinent laws and procedures for a particular jurisdiction with a specific judge without having done it before.

One judge I have appeared in front of many times before likens filing for divorce in a Florida court without using an attorney to going to a hospital and asking the surgeon to give you a scalpel and then telling her/him that you will handle the surgery from there. It may seem doable but the long-term effect can be devastating. Although attorneys’ fees seem expensive, they may ultimately save you from making an expensive mistake that costs you much more money in the long run.

Continue reading "Cheap Florida Divorce…What Are My Options?" »

According to a number of Internet news reports, TV star and producer Kelsey Grammer has broken the golden rule in Hollywood Marriage 101 by not having a prenuptial agreement in place when he married wife Camille 13 years ago.

The Grammers are divorcing and the former “Frasier” and “Cheers” actor could be looking a huge financial loss. The actor allegedly tried to declare his earnings from “Frasier” as separate property; however, this can only apply to his earnings prior to his 1997 marriage to the former Playboy model. Which means that the earnings from seven seasons of the show – at a reported $1.6 million per episode during the last season – as well as syndication earnings could be up for grabs.

The couple split due to “irreconcilable differences” in July. In her filing, Camille asked the court to award her with primary physical custody of their two children -- an 8-year-old daughter and a 5-year-old son – and grant visitation rights to Kelsey. She has also petitioned the court for spousal support.

Kelsey has requested joint physical custody of the children and is also asking the court not to award any spousal support to his estranged wife.

Continue reading "No Prenup in Kelsey Grammer Divorce?" »

Under Florida Statute sec. 61.076, any benefits and rights accrued during a marriage from a retirement, pension, profit-sharing, annuity, insurance plans and programs or deferred compensation are considered martial assets and are, therefore, subject to equitable distribution under Florida Law. For military retirement or retainer pay the following criteria must be met: you and your spouse were married for at least 10 years, one spouse was a member of the federal uniform services and gave at least 10 years of credible service, and the division of the marital property includes a division of military retirement or retainer pay.

Equitable distribution divides martial property based on principles of equity. In states that employ equitable distribution (among them is Florida), the courts will consider a number of factors to determine how to divide the marital assets and liabilities upon divorce. Equitable distribution is not necessarily a 50/50 split of all the martial property and debt - equitable does not mean equal.

Continue reading "Divorce and Retirement Plans - How is your Retirement Plan Distributed in a Divorce Proceeding?" »

Fifteen years ago, Prince Sagala’s estranged husband disappeared with their two children. Four months ago, she found them again when she discovered her daughter’s Facebook page.

Their father – Faustino Fernandez Utrera -- had apparently fled to his native Mexico with them, after telling Sagala he was taking them to a park in 1995.

Sagala took the Facebook page to police, who were able to trace the children to Florida through her daughter’s friends on Facebook. Utrera was arrested in May and held at the Osceola County jail on kidnapping and child custody charges. He is currently awaiting extradition to California.

Sagala met her two children for a supervised visit recently at a Florida public library, but told the Associated Press that her children want nothing to do with her, having been told bad things about her by their father.

Utrera says that he took the children because his wife was having an affair with his brother and was mentally unstable. He alleges that she has always known where the children were living.

The California district attorney prosecuting the case says that while his office was aware of the allegations, the case has been investigated and they are proceeding.

Continue reading "Woman Who Found Missing Children on Facebook Discovers Other Troubles As Well" »

Divorce attorneys are finding that Facebook, the most popular social networking site on the Internet with over 400 million users worldwide, is yielding numerous nuggets of gold when mined for information that one spouse can use against another in court during a divorce.

In fact, the American Academy of Matrimonial Lawyers said earlier this year that 81 percent of its members have either used evidence, or been faced with it in court, that was gathered on Facebook. And they have many examples to share of clients in divorce and child custody battles who have either had their case helped or torpedoed because of Facebook posts.

In a recent Associated Press article, several divorce lawyers provided these cases in point:

A husband seeking primary custody of his children posted a profile on a dating website saying he was single and childless.

A husband accused of adultery in court denied it and the wife’s attorney didn’t find anything on his Facebook page to prove it. However, when the attorney visited the alleged girlfriend’s page – which was not protected with privacy settings – the evidence was there that the husband had lied about an affair.

A wife in a custody battle had her credibility tarnished when scantily clad photos of her with a variety of different men were downloaded by the husband’s attorney off of her Facebook page.

If you are involved in a Florida divorce or child custody case, be smart about what you post on the Internet. Your Jacksonville Divorce Attorney can guide you so your case will not be compromised.

When you enter into a relationship with a divorce attorney, or any attorney for that matter, there are rules that govern the behavior of both client and attorney. Knowing what to expect, and what not to, is important so you obtain the best possible outcome for your case.

Having an empathetic divorce attorney by your side during every step of your divorce is a basic expectation of most clients. But what specifically should you expect from your divorce lawyer? Here’s a list:

• Educate you about Florida divorce law and how it relates to your case
• Consult with you to devise the strategy for your divorce and/or child custody case
• Handle the investigation into the facts of the case, including the hiring of any necessary professionals like forensic accountants
• Prepare and file all the necessary court documents
• Work with opposing counsel in negotiating a settlement
• Help you and any other witnesses prepare testimony
• Prepare you for court appearances including hearings and trial
• Advise you on what you can expect throughout the process

There are also certain things you should not expect from your divorce attorney, including a guarantee as to the outcome of your case. Your lawyer is also bound by strict legal and ethical codes, so he or she will refuse to do anything illegal or unethical, such as allow you to lie under oath or hide assets.

Anyone who has ever seen a legal program on TV knows that what a client says to their attorney is privileged – meaning that the attorney cannot divulge what he or she has discussed with a client, either of their own free will or by a court order. It is one of the fundamental principles of our justice system.

However, there are some scenarios where the attorney-client privilege is not protected. For example, if a client tells an attorney that they plan to commit a crime (including perjury), that attorney could be compelled to testify in court about that disclosure.

In addition, the attorney-client privilege can sometimes be lost if someone else (other than you or your lawyer) either hears, sees or reads confidential communication between you and your attorney. If, for example, you bring your sister along to your meeting with a divorce lawyer, your privilege could be compromised. This is why a divorce lawyer may ask to meet with you alone.

Also, if you share letters or disclose any confidential information to friends or family, this may jeopardize your attorney-client privilege.

You should also be aware that medical, financial and psychological records may be subpoenaed by opposing counsel, especially if there are questions of domestic violence or child abuse. Medical and psychological professionals who have treated you may be called upon to testify as well.

Your divorce attorney can inform you about confidentiality and privacy rights as they pertain to your case.