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Posted On: September 8, 2009

How Can I Change Custody in Florida?

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By Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

When there are young children involved in a dissolution action, the case usually has many post dissolution issues that arise as the children get older and new conflicts are created. One issue that continually appears is that the child decides the he/she would rather live with the other parent. To be able to bring a modification of a final judgment in a family law matter, the Courts require a substantial change in circumstances in order for a party to have the ability to bring the action. Many times the party attempting the modification relies on the fact that the child wants the change and that it is, therefore, in the child's best interests. However, without having a substantial change in circumstances, the requested change in custody should fail. If the child wants the change and that desire is coupled by the fact that the child was too young to express a preference in the initial divorce proceeding, then that alone is considered a substantial change in circumstances. If you have questions regarding divorce or post divorce issues, please call me at 904-355-8888.

Posted by Keith Maynard | | Email This Post

Posted In: Child Custody

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Posted On: September 4, 2009

Helpful Tips For Dividing Assets in Florida

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By Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

The following are some tips to help you eliminate harming your economic interests when dividing the assets in a divorce in Florida. So many of my clients are so emotional about the divorce that they "throw in the towel" so to speak when it comes to dividing the assets. Follow these tips to keep your emotions in check and to help you look at the divorce as a business venture.

1. Be Involved. This is a time to learn about your assets and to assume responsibility for them and for your own economic interests.

2. Commit To A Budget. Be realistic about spending habits and remember that the marital finances are now financing two homes essentially.

3. Communicate. Select a financial advisor to review your assets and to help you reach a sustainable goal in the divorce.

4. Avoid Settling the Case Prematurely. Many clients just want the case to be over and they give up what they are legally entitled to just to achieve this goal. However, months down the road, they usually regret it after the emotion has settled.

5. Stress Honesty. Give an honest assessment of the way you really feel about money.

If you have any questions about divorce, child custody, child support, alimony, division of assets and liabilities, adoptions or injunctions, please call our firm at 904-355-8888 for a consultation.

Posted by Keith Maynard | | Email This Post

Posted In: Divorce / Dissolution of Marriage

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Posted On: September 3, 2009

Successful Post Divorce Living in Florida!:Florida Divorce Law

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Written By Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Money is a major source of stress for many people especially people who are in the throws of a divorce and who are scared about their financial future after the divorce. When a relationship breaks up and the parties are filled with so many different emotions, money is probably near the top of the list in worries. This is precisely the time to pay attention to your financial future and be very careful not to permit important financial decisions to go unattended in the flood of emotion. A divorce does not have to put you in the poor house. It is supposed to sever the legal bonds and also hopefully the emotional ones. Pursuing this end from a careful consideration of the legal bonds and the emotional bonds, a divorce attorney should be commited to creating successful financial solutions and to understanding how the emotionalism associated with money can disrupt the relationship during and after divorce. If you have a question about a divorce or equitable distribution issue, please call our firm for a consultation at 904-355-8888.

Posted by Keith Maynard | | Email This Post

Posted In: Divorce / Dissolution of Marriage

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Posted On: September 2, 2009

Permanent Alimony & The Stay At Home Mom: Florida Divorce and Alimony

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Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Florida law provides for permanent alimony when certain statutory factors are met however, in the end, it's still up to a Judge. Having said that, the length of the marriage is one factor the Courts look to in determining permanent alimony. Usually if the marriage is 10 years or fewer, the courts consider this a short-term marriage and there is a presumption against permanent alimony. If the marriage is 11-16 years, the courts deem this as a "gray area" length of marriage with no presumption either way for or against alimony. A marriage of 17 or more years is considered by the courts to be long-term with a presumption in favor of permanent alimony. However, the requesting spouse has to show a need for the support and the other spouse has to show an ability to pay it. On July 29, 2009, the Florida 3rd DCA stated that there is a strong factor support permanent alimony where a spouse remained home caring for the family rather than purusing a career for a significant period of time. If you need help with a dissolution, alimony, child support, child custody, relocation or equitable distribution issue, please call our firm at 904-355-8888.

Posted by Keith Maynard | | Email This Post | Comments (0)

Posted In: Alimony

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Posted On: September 1, 2009

Paying Child Support After Termination of Parental Rights?: Florida Family Law

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Are you paying child support after your rights have been terminated? Child support, according to Florida law, is the right of a child with parents living in separate households. The child support obligation begins at the child's birth if the parents are not married, even if paternity has not been established. Once paternity is established, the Court can go back two years, within the life of the child, for back child support.
If your rights have been terminated to a child, but you owe back or retroactive child support, or your support is in arrears (you have not paid regularly), then you may still pay child support after termination of your rights, but only the amount that was due as of the time your rights were terminated.
An example: A child is born outside of wedlock and the mother files a Petition to Establish Paternity. The petition is granted when the child is 2 years old and is going to be $100/month (not realistic numbers), which means the Father is $2,400.00 in arrears due. The court will have him pay $100/month + $50/month towards the arrears until they are paid in full.
Well it will take the Father 48 months or 4 years to pay off the $2,400.00. If before that time the father agrees to terminate his parental rights because the Mother has remarried and her husband wants to adopt, then the Father is still responsible for whatever the balance due is on the $2,400.00 until it is paid.
If you have any questions or concerns regarding this matter, please contact an attorney.

Posted by Keith Maynard | | Email This Post | Comments (0)

Posted In: Child Custody , Child Support , Dependency Issues , Divorce / Dissolution of Marriage

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