Jacksonville Divorce Lawyer Blog

Written by: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

In Florida, Time-Sharing Plans have replaced the normal visitation schedules previously enforced by the courts. A Time-Sharing Plan is used in Florida divorce and paternity cases in order to assist the parents in scheduling visitation with their children. Visitation schedules, in the past, often provided for visits at times that were not practical for the children or parents. The idea of a Time-Sharing plan assists the parties in keeping the children first in developing the schedule.

In order to prepare a Time-Sharing Plan, often parents use the children's school, events, sports and camping calendars to assist in an accurate schedule throughout the year. Instead of simply saying each parent will have every-other-weekend and half the summer, it actually allows the parties to establish a schedule that can be used year round. In addition, it allows the party that does not have the majority of the time with the children, to spend more time with the kids as it fits into their schedules.

Developing a useable Time-Sharing Plan can be challenging and negotiating is often necessary to reach the best outcome. Understanding your options and knowing there are tools to accomplish a goal of proper visitation time with your children is helpful in reaching the best outcome. The challenge may best be met with the assistance of a lawyer who is experienced in handling such issues because s/he may be able to guide you along the way.

Written by: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

In Jacksonville, Florida family law matters, such as divorce, paternity actions, timesharing, and child support must go to mediation before a trial can be conducted. Mediation is a court ordered process that allows parties to reach an agreement, with the help of a neutral third party, without having all issues decided by a judge.

Typically, when a family law case begins a petition for the action is filed with the court. Once the opposing party files an answer the case is then brought to court for the judge to determine a trial date and order the parties to mediation. A mediation, which is a neutral third party trained in mediating (assisting parties to reach an agreement) is ordered by the court and typically the parties will agree on who will be the mediator. If the parties cannot agree on the mediator, then the Judge will assign one to the case.

Mediation is a good tool because it keeps the decision-making on the parties and their attorneys. The parties have more control over the outcome if they can reach an agreement on the issues. If all issues cannot be decided upon, but some can, then there can be a partial settlement and the remaining issues can be heard at trial for the Judge to make the ultimate decision.

When attending mediation, it is a good idea to keep an open mind and know that negotiations are a give and take. In family law issues, emotions often run high and it is difficult to make a business decision with such emotions. If you can, it is good to have an attorney with you because your attorney can help you better process the information and make a sound decision.

Written by: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Florida child support that has been ordered but gone unpaid may be collected through a Motion for Contempt or by the Department of Revenue's Child Support Enforcement. A court order is enforceable, so if you have not received child support payments, you may want to look into both a private action of a Motion for Contempt and the State's assistant with enforcement.

A Motion for Contempt may be brought by the parent that should be receiving child support that was previously court ordered. The action requires the party responsible for paying support to show to the court why s/he is not paying. If the obligor (the one owing support) cannot show good cause for nonpayment and cannot present the court with a financial solution to the support presently owed and the amount owed for past support, then that parent may be held in contempt. One result for being held in contempt may be jail time, with an amount for release set at what is owed in support. The action may also lead to a financial solution that requires child support, plus back support to be paid.

If Child Support Enforcement (CSE) is aware of the arrears owed, because the money was owed through the State Depository, then CSE may get the obligor's driver license suspended, keep any tax refund going to that parent, freeze that parent's bank accounts, petition the court for jail time, etc. Florida has an interest in getting support for children because otherwise that child may be on State support. Therefore, the State is quite active in enforcing support obligations.

When such issues arise, it is a good idea to speak with an attorney that can guide you through the process and further explain your options.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Florida child support is calculated using child support guidelines established in Florida Statute 61.30. If child support is not being determined until after the parties have separated, or later in the child's life if the parents were not together, then there may be back child support owed. In accordance with Florida Statute 61.30(17), the court cannot order child support going back further than two (2) years from the date of filing a petition for support. The reason for this provision is to protect a parent from child support going back to the birth of the child, if the child is now much older. It also helps in determining the past support owed because a determination of the income of the parents would have to be made back to the birth of the child(ren) if the provision were not in place, since most individuals are not making the same today as they were 5 years ago.
When back child support is owed, it is generally paid in a monthly figure that is less than the monthly child support amount. For example, if child support of $500 per month is owed and back child support is owed, then the court may say $100 per month shall be paid to that amount. So, each month, the responsible party will have to pay $600 in support until the arrears are paid in full. Then the monthly obligation will continue at $500 per month.
Child support does calculate a number of factors and it is best to speak with an attorney that can do a proper calculation in determining the amount owed for present and past support.

In Florida, going through a divorce involving children can be difficult on the parents and children alike. In determining where the children are going to live, often the parents have to put their wants and wishes to the side and consider the best place for the child. If the parents are unable to agree, then a Social Investigation may be necessary to determine the time-sharing (custody/visitation) and parenting plan to be used once the divorce is final. This is a helpful tool because it takes the arguing away from the parents and places it with a neutral third party, therefore, protecting the kids from a fight.
A Social Investigation in a divorce, is typically done by a non-related, neutral third party that is familiar with such situations and can determine the best time-sharing (visitation) schedule and parenting plan for the children. Sometimes these investigations are done by a licensed psychologist or mental health therapist. The individual chosen, generally agreed upon by both spouses, actually speaks with the mother, father and children to find out what the relationships and the structure of the home are like.
The evaluation is designed to help the Judge assess the family situation and what is in the best interest of the children. It is a helpful tool because it takes the fight away from the parties and places the matters in a professional's hands.

How is child support determined in Florida? Florida child support is based on Florida Statutes 61.29 and 61.30 , which provides the breakdown for calculating child support. The calculation is designed to put the child in the same position s/he would be if mom and dad lived in the same home. The idea is that mom's income plus dad's income equals the child's net household income, so the calculation determines what percentage of the household each parent is contributing. Also, it gives consideration for the parent paying for daycare and the parent paying for the child's health insurance.
Child support used to end on the child's 18th birthday or upon his/her graduation from high school if the child would be 19 at expected date of graduation. It was recently changed and the law now requires that a real date be placed in the child support order so that it self terminates at that time.
Child support previously only provided compensation for time spent with each parent, if the non-primary parent spent over 146 overnights with the child(ren). The law recently changed to give compensation and credit to the non-primary timesharing parent, if that parent 73 overnights with the child, then that is considered "Substantial Time Sharing" and child support is calculated based on the amount of time the child(ren) spends with each parent.
These changes should help reduce the amount of fighting between parents and one parent feeling like s/he is paying too much in child support or requiring that parent to return to court for child support payments to stop once the child(ren) no longer qualifies for child support.

In a marriage, cars are normally titled in the husband and wife's names. In Florida, if you cause an accident, then you are responsible for any damages that result. However, if your spouse is on the car, then s/he is also responsible for any damages that result because you are both owners of the vehicle. So, if you get a divorce in Florida and you go through the equitable distribution of assets, meaning that you both take equal shares of your assets, property, etc. and one car goes to you and the other to your (ex)spouse, it does not change the fact that you are responsible if s/he gets in an accident.
If you take one car and your (ex)spouse takes the other, then make certain to get titles switched into your individual names. You would actually need to do a transfer of title and get it registered with the State of Florida. Once that is done, you also want to get the vehicle insurance changed.
Vehicles are not the only property that has title. If you are going through a divorce, you should consult with an experienced family law/divorce attorney. A Florida lawyer can help you understand your rights and how to best move forward with property division including your home, bank accounts, retirement and, of course, vehicles.

Alimony or spousal support, in Florida, is determined by the set of facts surrounding the divorce, not a calculation like you have in Florida child support cases. Unlike Child Support, the determination is not based on a statutory guidelines that says x +y = z, instead factors of the marriage are used to determine what “z” will be. Some factors used to determine whether there is alimony to be awarded and how much that alimony will be are as follows:
How long was the marriage? If the marriage was 0 – 7 years, then that is considered a short-term marriage, 7 – 16 years that is a moderate-term marriage and 17 or more is a long-term marriage.
What was the standard of living during the marriage? If both parties worked and made relatively equal money, then there will be no alimony. If one spouse worked and the other did not, then alimony will most likely be awarded.
How much will be awarded? This is the most difficult thing for the court to determine because it brings into consideration the above factors and looks at what is available to each party regarding finances, assets, property, etc. Basically, a lifestyle cost analysis has to be completed to see what is available and needed by each party.
If you are going through a divorce and feel that alimony is a factor, you should speak with an experienced divorce attorney to find out what factors will be considered in your case.

Florida divorces are ruled by statute that divides marital property equally. Obviously a home has to either be taken by one party or sold. However, if there is equity in the property, then the decision on who takes the home or if it is sold becomes more difficult because both parties are entitled to 50% of the equity. When going through a divorce where there is a marital home that has equity, some of your options are as follows:
First, selling the home may be the easiest and cleanest way out. If the home can be sold, which today’s market is hard to determine, then the equity would be determined based on the selling price minus closing costs, the remaining amount to be divided equally by the parties.
Second, one party can stay in the home and sell it in a set time to then split the equity. An appraisal should be done at the time of the decision so that an accounting of the present market value and present equity can be determined. A decision must then be made as to who will pay the closing costs and associated taxes. In addition, the person that stays in the home and pays the mortgage, if done without the assistance of the other, should get credit for said payments. So, if the equity would be $10 and one spouse has paid $2 towards the home, then the equity would be $8 to be split equally. There are some other provisions that should be considered including improvements, large repairs, etc.
Third, if one party would like to stay in the home and there is presently equity in it, then an appraisal can be done and the spouse keeping the home could agree to paying a lump sum figure to the party leaving the home. For instance, the party staying in the home could agree to buy-out the other’s interest in the home. This is a clean departure for both parties because it divides the home equitably and leaves no issues to be determined at a later date.
These are small examples of your options, if you are going through a divorce and have a home, it is important to review all of your options and determine your position. In order to better understand all of your options, it is a good idea to speak with an experienced attorney to walk you through the process.

In Florida, couples do not need a reason for divorce other than their marriage is over. In fact, Florida is a no-fault divorce state which means that even if the actions of one party led to the end of the marriage (an affair), that action is not considered in determining separating assets, debts or determining alimony (spousal support).
In a Florida divorce, the object is to separate marital assets and debts and put the parties in a position that is as fair as possible. Equitable distribution is the term used to divide the marital properties and works to do just that, equally divide the property (assets and debts) between the parties.
However, if one party uses marital money to benefit an affair, then the other spouse is entitled to half of the money used for said affair. For instance, if a wife uses $10,000 to travel with her boyfriend, then the husband is entitled to $5,000 of that money. In a divorce, if there is not $5,000 in cash available, then assets may be divided differently than 50/50 to make-up for the lost money. For example, if the assets total $20,000 then instead of $10,000 to each party, they may be divided so that a greater portion is awarded to the husband to compensate for the $5,000.
The idea is to place the non-offending party in the same position as s/he would have been without the existence of the affair. It is not designed to punish or award either party.
If you are filing for a divorce and are seeking this type of compensation, it is important that it be asked for in the beginning. When you file for divorce you actually file a petition with the court, which should outline what your interests are in the outcome. Typically, the court will default to equitable distribution unless a party requests a greater than 50/50 division. It is a good idea to speak with an experienced lawyer to help you understand your rights and options before filing.

Dividing your property when going through a Florida divorce can be challenging because there is marital property and nonmarital property and marital property gets divided equally, Florida Statute 61.075(5)(a)(2). Determining what is marital property and nonmartial property has been a challenge, even for the courts. If you buy a home before the marriage, then technically, it is nonmarital. However, the Florida Supreme Court recently came out with an opinion stating that a nonmarital home, that was under a mortgage during the marriage and now has equity, can be a marital asset. The court laid out the following guidelines for determining whether the home’s equity is marital or not, most of which will be determined through the divorce proceeding:
First, the fair market value of the home must be decided. Basically, what is the home worth in today’s market? Both parties will want appraisals done and sometimes can reach an agreement on this figure.
Second, the court has to decide whether here has been passive appreciation. The court has to determine if the home has gained value because of changes to the market. In today’s market that is probably not the case, but it depends on when the home was purchased.
Third, once a passive appreciation is determined, it must be decided whether that appreciation is marital or nonmarital for purposes of division. In order to show that it is marital, then there has to be proof that marital funds were used to pay for the home. There also has to be a determination as to how much those contributions raised the value of the home.
Fourth, the court must determine what portion of the passive appreciation occurred during the marriage. And finally, fifth, the court must determine how to best divide and allocate the passive appreciation as determined under equitable distribution.
In order to best understand your rights, what should be divided and how, it is best to speak with a Florida divorce attorney.

A divorce in Florida can be difficult for both parties. Florida recognizes marital property and debts as jointly owned, regardless which name it is titled in. When couples go through a divorce, the property is to be equitably divided, which can be challenging for the parties because there is uncertainty with where things will go at the end of the process.
What is considered marital? While there are some hiccups in determining this, there are some basic rules to understanding the process. First, marital property is property that was purchased since the date of your marriage. If you were married January 1, 2011 and you purchased a home one January 2, 2011, then that home is marital. Marital assets are the same and include your car(s), boat(s), bank accounts, etc. The court does not care in whose name such things were purchased, simply the date of the purchase. Marital debts are the same and can range from student loans to mortgages.
So, what is nonmarital? Basically, if you purchased something prior to the marriage, it’s yours once the marriage is over. Again, the rule is the date of the marriage and what was purchased, signed for or guaranteed prior to the date of marriage is considered nonmarital.
There, are of course, some rules that go against this idea. An engagement ring typically belongs to the purchaser, not the receiver. Also, a home purchased prior to the marriage, but paid for during the marriage (long-term mortgage) or had improvements made during the marriage, may be considered marital and the equity in it may be divided. In order to better understand your situation, it is best to speak with a Florida divorce attorney to walk you through the process.

In a Jacksonville there is no way to figure out exactly how much time a divorce will take. There are too many variables involved to give a broad estimate. However, a Florida Family Law Attorney can take a look at your situation and give you a better idea based on the facts of your case.

I would estimate that an average divorce with no seriously contested issues will take about 6 months. However, once a divorce is contested it can last for years. Most cases settle after mediation, which is required in Florida divorces at this point, and never go to trial. It's a good idea to have an idea of what your goals are before you meet with an attorney. This will help you pick the type of attorney you want to hire and gauge their personality at your initial consult. Some attorneys are extremely litigious for no apparent reason. Other attorneys are too timid and may let you get pushed around. Make sure your attorney is the right fit for you. Either way, make sure they have common sense and will not cause you unnecessary litigation that will increase your legal bills.

Once you have the right attorney you still have to worry about the other party and their attorney. This is the hard part. You and your attorney can control your side of the litigation, but you can't control the other side. Once again this can lead to excessive costs and legal fees for unnecessary litigation. There are some remedies for this type of behavior in the way of reimbursed attorneys fees and sanctions, but it's easier to avoid this if possible.

Any way you look at it, divorce is not easy. Do your homework before you meet with an attorney, have a game plan in mind, and try to divorce yourself from your emotions when making decisions regarding your case. This will help you make sensible decisions that will ultimately make your life easier once the divorce is over.

Continue reading " How Long Can I Expect A Florida Divorce To Take? " »

It's true. Prenups aren't just for rich people or celebrities anymore. Divorce is more common now than it was twenty years ago. With divorce being more common, more married couples are experiencing the mental and financial pain of divorce. It's expensive to get divorced even when you may not have much to argue over. In fact, most of the couples that come through my office in Northern Florida are quarreling over debt as opposed to assets. Because of the big downturn in the economy in the last few years and the rise in unemployment, the only thing married couples have to divide up is the marital debt.

This is a disturbing trend but it may be something that can be avoided with a premarital agreement. It may also be prevented by some planning by the individuals prior to saying "I do".

Continue reading " Prenups Are A New Reality In Florida Marriages " »

Joe Francis, the infamous founder of the "Girls Gone Wild" brand, has announced his split to long-time girlfriend and wife (well not exactly), Christina McLarty, after seven short weeks of marriage. He released the following statement to Us Weekly:

"After careful and thoughtful consideration on both our parts, Christina and I have mutually decided to end our relationship. We entered into our relationship with love and it's with love and kindness that we leave it. We wish each other the best for the future."

The couple was married in November of 2010 after four years together. However, it is not through divorce that the couple will be ending their relationship. "There was no divorce and there will be no divorce because the couple was never legally married," a publicist for Francis told RadarOnline."

The catch is that the two were married during a lavish ceremony in Mexico where the civil ceremony has no legal effect in the United States. Since they never got a marriage license in the United States their marriage in Mexico is not legally recognized. This is one of the details that couples who plan on being married under the laws of the United States must pay close attention to if they want to benefit from the legal benefits of being married.

Of course, if you're looking for a quick marriage, this may be the safest route.

Continue reading " "Girls Gone Wild" Founder Ends Seven Week Marriage " »

On November 4, 2010 a federal bankruptcy judge in West Virginia ruled that the obligation to pay a former spouse a debt under a divorce decree was dischargeable. In this case the former husband, who later filed for bankruptcy, owed the former wife money for her share of the equity in the marital home, attorney's fees from the dissolution action, costs from the same action, and money owed on a credit card account. The former husband sought to have these debts discharged in a subsequent bankruptcy.

Typically support obligations arising out of a family law case are not dischargeable.

Under 11 U.S.C. sec. 523(a)(5), "[a] discharge under section . . . 1328(b) of this title does not discharge an individual debtor from any debt . . . (5) for a domestic support obligation." The term "domestic support obligation" is defined in the Bankruptcy Code.

In this particular case the Court found that although the debts met three of the four elements under the definition of "domestic support obligations" under the Bankruptcy Code, they did not all meet the fourth requirement that the obligation be in the nature of alimony, maintenance, or support.

Continue reading " Debt Related To Divorce Decree Is Dischargeable " »

If you are the victim of domestic abuse in Florida there are ways you can petition the Court for help with or without an attorney. The first step is to identify that there is a problem that you need to deal with. If you need to you can contact the police. However, many domestic situations have not arisen to the level of involving police. If you are fearful for your safety you can file for an ex parte emergency injunction against the person who is threatening you.

You can actually download the petitions and forms on the internet at http://www.flabar.org. You need to provide all of the information requested by the forms to seek appropriate relief. You may need to provide copies of any additional documents upon which your motion might rely. This could be the case if you are asking the Court to enforce an out of state order or previous judgment.

Although this process is setup so that individuals can file for relief on their own, it is a good idea to consult with an attorney regarding the process and the relief to which you might be entitled.

Continue reading " Domestic Abuse In Florida " »