Jacksonville Divorce Lawyer Blog

Often parents going through a custody battle think about whether they would like to stay in the same place where they are fighting the battle. Working as a divorce attorney in Jacksonville, Florida, I have noticed that many individuals feel that once they have gone through their divorce or custody issues, they really would like to relocate to a different city. When this issue comes up, whether it be for a job change or a life change, the answer is always the same in a Florida case involving children: If you have the child the majority of the time, then you must put the other parent on notice of your intent to relocate. Florida Statute 61.13001 is the Relocation Statute that dictates how a parent can move with a minor child in Florida.

As is the case with most statutes, understanding the terms is the key to actually following the provisions laid out by the legislature so that you are in compliance with Florida law. If you do not follow the statutory requirements, then you may move to your new place only to be forced back to Florida by the court and your ex.
To summarize the Statute, a relocation is based on a parent moving away from the primary residential address for more than 60 consecutive days and that move is more than 50 miles away from the residence. Basically, if you live in Jacksonville and move to Orlando, then you have to file for relocation under the statute.
In order to relocate, the moving parent must comply with the statutory requirements and notification process.

How does one follow the requirements of relocation in Florida? First, you may reach an agreement on relocating with the other parent. If you do, then it is important to have that agreement formalized into writing that dictates information regarding the consent, any changes to the time-sharing plan, and any necessary changes in transportation or other factors of the final judgment impacted by the change.

If there is not an agreement, then you should file a Petition to Relocate and have it served like a normal petition on the other parent or party. Everything in the petition must follow the guidelines provided in Florida Statute 61.13001(3). It is important to note that everything that is required in the statute will be required in your petition in order to be in compliance with the laws regarding this action. If you do not follow it, then there may be consequences such as unwanted delays in your move.

Once the petition is filed, the other party has 20 days to file an objection with the Court. If an objection is filed, then it must also meet all statutory requirements of 61.130001(5). The Court can then hear the matter and make a ruling as to whether the move is in the best interest of the child.

While moving to a new place can be a good change, not following the statute before you do it can lead to more difficulties down the road. The court has the right to be the ultimate decision-maker and determine whether a move is in the best interest of the child. Both parents have a say in where the child lives and trying to avoid that is only going to cause more difficulties for you and your child. Speak with a family law attorney that understands the relocation provisions and can guide you through them accurately.

Florida courts make a plethora of decisions regarding children. These decisions range from timesharing and decision making, safety and permanency planning, and proceedings for termination of parental rights. Whenever courts make such decisions, it must consider whether its decision would be in the “best interests” of the child. Most States have a statute requiring that the child’s best interests be considered whenever certain types of decisions regarding a child’s custody, placement or other critical issues are made. Although there is no specific Florida statutory definition of “best interests of a child,” the concept typically refers to the deliberation that courts undertake when deciding what type of services, actions and orders will best serve a child as well as who is best suited to take care of a child.

During a Jacksonville Florida child custody proceeding, the court will consider a number of factors to determine the “best interest” of a child. These factors may include the love, affection, and other emotional ties between the parents and the child; the mental health, physical health and morality of the parents; and most importantly, which parent is more likely to encourage contact between the child and the other parent. For a complete list of the best interests factors, see Florida Statute 61.13.

There are many reasons why a grandparent may need to care for a grandchild for an extended period of time in Florida. Obtaining a Florida court order placing the child in the grandparent’s custody would allow the grandparents to obtain medical attention for the child, the right to enroll the child in school and the right to apply for State and Federal benefits on behalf of the child. A grandparent who cares for their grandchild or who has the consent of the child’s parents may petition a Jacksonville (Duval County) Florida court for temporary relative custody.

Temporary Relative Custody in Florida may be considered when a parent is unable to care for the child due to drug or alcohol abuse, incarceration, financial instability, mental health issues, responsibilities related to work or the military. A Judge will award custody to the grandparent if it is in the child’s best interest and the parents do not object. If the parents do object, then the court must make a finding of abuse, neglect or abandonment by the parents before granting custody. The judge may also grant visitation rights to the parents, and order the parents to pay child support to the grandparent. The order may be terminated if either parent petitions the court to do so, if the judge finds that the parent is a fit parent or the grandparents consent to the termination of the order.

Temporary relative custody of a minor child may also be granted to other Jacksonville adult family members such as an aunt, uncle, sibling or first cousin. For more information on this topic, see Florida State 751- Temporary Custody of Minor Children by Extended Family.

Parental kidnapping affects families across the nation. According to The United States Department of Justice, 200,000 children are victims of family abductions per year. Sadly, most people do not realize that domestic violence is the underlying cause in many cases.

When Jacksonville parents/ parents nationwide take their children in domestic violence cases, the kidnapping usually occurs in either of the following scenarios. In one scenario, the batterers take the children in order to harm their victims. In the other, the victims flee with their children in an effort to protect themselves and their children from the batterer’s violence.

Batterers will often use their children as a way to hurt or frighten their former spouse. For example, they may pursue custody or visitation litigation as a means of trying to control their former spouse. In addition, they may use the custody proceedings to obtain more information about their former spouse, to continue to monitor them or to perpetrate additional violence.

Florida Statute 787.03, Interference with Custody, makes it a felony of the third degree to remove a minor child from the custody of any lawful custodian. Any parent (with or without a court order) commits a felony if the parent “takes, detains, conceals, or entices away that minor…within or without the state with malicious intent to deprive another person of his or her right to custody of the minor. However, Florida law does recognize a defense if the fleeing spouse “was the victim of an act of domestic violence or had reasonable cause to believe that he or she was about to become the victim of an act of domestic violence.” For more information on custodial interference, see Florida Statute 787.03

Jacksonville Florida parents can write a parenting plan to decide how they will divide their children’s time after a divorce. The plan provides a roadmap for the child’s future, and is the most important document in a Florida divorce with children.

A parenting plan approved by the court must at a minimum: describe how parents will share and be responsible for the daily tasks associated with the upbringing of the child, the time-sharing schedule arrangements that specify the time that the child will spend with each parent, a designation of who will be responsible for health care, school-related matters, other actives, and the methods and technologies that the parents will use to communicate with the child.

A parenting plan has two separate components: (1) decision making- parental responsibilities and privileges to make decisions relating to the health, education, and welfare of the child, and (2) time sharing- where the child lives at any given time and contact with the other parent. These two aspects are distinct and must be examined according to the best interest of the child.

In Florida, a statutory presumption exists that shared parental responsibility is in the best interest of a child. The burden is on the party opposing shared parental responsibility to demonstrate that it will be detrimental to the children. With shared parental responsibility, both parents retain full parental rights and responsibilities with regard to their children and confer to make mutual decisions about the children.

A “time-sharing schedule” is a timetable that is included in the parenting plan, which specifies the time that each child will spend with the parent. Florida Statute 61.13(4)(c) provide the court with specific means to enforce the time-sharing schedule in the parenting plan. When a Jacksonville parent refuses to comply with the schedule without proper cause, the statute lists a number of sanctions that the court may impose. For more information on parenting plans, see the Florida Statutes.

In order to file for a divorce in Florida you must file a Petition for Dissolution of Marriage. The petition is designed to lay out all requests of the party filing for divorce. The divorce action will require a division of marital debts and assets, so you want to make certain that you address anything regarding non-marital debts and assets be established so that there is automatically a clear definition that these items may exits. In addition, if you need alimony and/or child support, then it is also important that these matters be alleged in the petition.
As a divorce lawyer in Jacksonville, Florida, I often have clients ask if they can keep the petition simple so that the other party is not too upset by the action. This is difficult to do, especially when there are children involved, because you have to allege your requests up front so that the court will hear them when the time comes. It is important to remember that if you do not ask for it you cannot get it, so often the initial petition will ask for the sun, moon and stars because otherwise you have barred your ability to request those items unless you file an amended petition.
Also, remember that if you are the party receiving the petition, you have the right to file a counter-petition and ask for the kitchen sink as well. Divorce can be messy, but understanding the process can help alleviate some of the emotions and help you better understand that it is business deal and not an emotional one. Keeping your business mind in the forefront of the divorce can make a difficult process a little easier to stomach as it goes on.
If you are interested in filing for divorce you should speak with a divorce lawyer to help you better understand your rights and options along with the process of the divorce.

A Florida name change of a minor child can be challenging if both parents are not present in the child's life. Name changes are often requested so that the child bares the name of a parent, especially when one of the parents is absent. If both parents share parental rights, then a name change requires both parents to consent to the change. However, in order to change a name a petition for change of name must be filed with the court and it can then be served on the other parent.

In the event the other parent cannot be found, or the other parent is no longer a resident, then the petition may be served by publication. If there is no response to the service, either actual or constructive (published), then the other parent would be in default and the name change may occur without actual consent, but implied consent by the inaction.

If you are interested in changing your child's name then you should speak with a family law attorney about your rights and options.

The demise of death benefits in a Florida divorce. The Florida Supreme Court recently held that if a final judgment of divorce is silent about death benefits, then the policy documents control the death benefit. The reason this can be an issue is that often during a marriage spouses will take out life insurance policies and name one another as the beneficiary. When the divorce is final, if there is no further designation or language taking that right away from a spouse, then the policy itself becomes the authority of the death benefit. So, if you divorce and forget to change the actual policy, and there is no language in the final judgment regarding the death benefit, then your ex-spouse may inherit the death benefit upon your demise.

In the recent case, Crawford v. Barker, SC09-1969 (Fla. June 9, 2011), the final judgment of divorce did not specify any new ownership or beneficiary regarding the death proceeds or beneficiary for a policy held on the husband's life. During the marriage, the husband had designated his spouse, now ex-wife, as the beneficiary on the policy. After the divorce, the ex-husband died and had not changed his policy to reflect a new beneficiary. Therefore, the ex-wife and the ex-husband's estate battled over the funds and the Florida Supreme Court decided that since the final judgment of divorce was silent, then the deciding documents were those of the actual policy. Since the ex-husband had not changed the policy to reflect a new beneficiary, the proceeds were decided to be that of the ex-wife.

In a divorce proceeding, it is important to have a true and accurate accounting of all assets, including death benefits. In addition, if it is your intent upon the divorce to take the death benefit away from your spouse, then be certain the language of the final divorce decree reflects that. Also, try to remember that you need to change the beneficiary on your actual policy so that the death benefit does not get held up on probate court later down the line.

Continue reading "My Florida Divorce and Death Benefits" »

Child support is modifiable in Florida. Modifying child support requires that a substantial change in circumstance. Simply not having a job does not automatically mean that a party qualifies for modification, the party must prove that she/he was fired or laid off from the job and it was not voluntary on his/her part. Also, if a party leaves a job for a less paying one, then that is considered voluntary underemployment and does not qualify for grounds of child support modification.
Florida calculates child support based on incomes of the parties and modifying that number requires a significant deviation (up or down) in the incomes of the parties. The increase or decrease of income, if significant enough, can lead to a change a child support in regards to the calculation. however, a small deviation, such as a 5% increase or decrease would not significantly impact the guidelines and therefore does not give rise to a modification.
Both parties are allowed to ask for a modification. This allows both parties access to the courts so that an increase or decrease in child support can be properly assessed based on the present situation. This is helpful for those that get divorced or have a paternity action while the children are young because over time both parties will most likely make more money and child support should be inflated to keep up with the households the child lives in the majority of the time. Also, if the child decides to reside with the each parent equally, then child support should be modified to reflect that time-sharing differential.
If you have questions regarding child support, you should speak with a family law attorney to better understand your rights and options.

Planning for Florida divorce before your marriage can be difficult emotionally. When deciding to use a prenuptial agreement it is important to understand that you are planning for your life together in a way that helps divide assets before and during the marriage.

Separating assets, especially if you marry later in life, can be important if you both feel that your stuff should be yours and not your spouse's upon marriage. However, it also means that you have to think differently when entering the marriage because you do not want to use marital funds in premarital (non-marital) accounts because it mucks the water if anything were to divide you later. Non-marital assets are those things that have been purchased prior to the date of marriage, including homes, stocks, etc. However, if you use marital funds (income to you or your spouse) to increase the value of those assets, then the increased value may be considered a marital asset. When creating a prenuptial agreement it is important to know "today's" value of the assets so you have a reference point of premarital value and marital value if the marriage were to dissolve.

If you are interested in a prenuptial agreement, you should speak with a family law attorney to understand your rights and options and how to set-up the agreement in the best possible way.

Prenuptial agreements are enforceable in Florida if all provisions are met, especially the full disclosure of assets and liabilities to each party. In a divorce, full disclosure is necessary and required by Florida law. In developing a prenuptial agreement, the same is true because both parties have to have a full snapshot of the other party's assets and liabilities before agreeing to the financial breakdown in case divorce was eminent. A full premarital financial disclosure is actually a tool that can be helpful in a relationship because both parties have an opportunity to better understand what they are walking into at the end of the aisle. A marriage is based on the joining of two people, but also the joining of their, "stuff." So, having a full picture is helpful in knowing what challenges and expectations may be ahead for the couple.
Full disclosure of assets means that you are both providing bank statements, investment statements, trust holdings, properties, etc. Both parties need a clear understanding of what the other has so that the agreement can be drafted to protect them both and not just one party. A prenup is not intended to be a body of armor for the party with the most, but is designed to make certain that if the marriage were to fail, that there are contentions in place for how to divide marital assets and decide which assets are actually marital and nonmarital.
Though it may feel like planning for the marriage to fall apart, the truth is that is actually helps people to plan their life together effectively because it brings issues to the forefront where they may have never otherwise been addressed until an argument occurs.

Continue reading "Prenups in Florida Require Full Financial Disclosure" »

Is a Pre-Marital - Pre-Nuptial Agreement Always Enforceable in the State of Florida? The answer to this question like many - "It depends."

The sad reality in our society is that most marriages will end in divorce. The United States currently has the highest divorce rate at roughly 50 percent for first marriages and almost 70 percent for remarriages. Fortunately, a premarital agreement can bring predictability and security to the circumstances surrounding settlement of your personal affairs following a marriage or remarriage.

The Florida Statutes define a “premarital agreement” as an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. Such agreements may also be referred to as Florida antenuptial or prenuptial agreements, and informally as Florida prenups. The couple planning to be married decides how important financial matters will be resolved in case of divorce, separation or death.

Florida's Uniform Premarital Agreement Act includes specific requirements needed for a premarital agreement to be valid and enforceable. First, the agreement must be in writing (a court will not enforce any verbal agreements between parties). Second, both parties must sign the agreement. Lastly, the agreement is valid without either party giving up any rights; the act of marriage is sufficient enough to create a valid agreement.

However, Florida law provides multiple ways in which a premarital agreement can be attacked or challenged. Examples include if either party can prove they did not sign the agreement voluntarily, due to fraud, duress, or coercion, or that the terms of the agreement were very unfair and one party was not provided fair access to the other party’s financial situation. For more information on this topic, see the Florida Statutes

Continue reading "Is a Premarital / Prenuptial Agreement Always Enforceable in the State of Florida?" »

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

Moving with a child can require meeting Florida statutory requirements, such as providing notice of relocation. If the parent moving has majority time-sharing (i.e. visitation or custody), then that parent needs to provide notice to the other parent of the relocation, which must include certain information in accordance with Florida law. Not following this statute can lead to the court determining you have to come back to Florida.

So, who is entitled to notice? In Florida, a parent is defined as, "...any person so named by court order or express written agreement who is subject to court enforcement or a person reflected as a parent on a birth certificate and who is entitled to access to or time-sharing with the child." (Fla. Stat. 61.13001) What this means is that any parent so listed on the birth certificate, or given rights by the court, is entitled to notice of the move. However, the fact that the language states, "and" regarding the person having a right to time-sharing, does give a bit of leniency. What this means is that simply having the father listed on the birth certificate does not give rise to this provision since the statute requires that he also have a right to visitation. Parental rights in Florida, for non-marital individuals, must be established by the court by filing an action to determine paternity. Until that is done the court does not recognize the non-married father as having parental rights/time-sharing rights to the child.

Before moving you should speak with a family law attorney to better understand your rights an options.

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

In Florida, unmarried fathers have to establish paternity and parental rights through the court system by filing a Petition to Establish Paternity. Florida paternity is strictly defined by Florida statute, which also states a strong presumption that a child born during a marriage is the child of the husband. The court looks at the husband as being the legal father of the child and there is no cause of action that can be brought by the biological father to fight the presumption. What this means is that if you are the biological father of a child that is born during the mother's marriage, and you are not the husband, then you have no way of getting rights to your child.
However, Florida Statute also provides for the disestablishment of paternity and the husband can disestablish his legal rights to the child. In order to do that, the legal father must file a Petition to Disestablish Parental Rights. Once that is done, the biological father can then proceed with his action to establish paternity and parental rights.
If you have this type of situation, you should speak with a family law attorney to assist you because the statute is strict on how to proceed.

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

In a Florida divorce or paternity action, if time-sharing cannot be agreed upon by parents, then the Court may require, or the parties may agree, that a parenting coordinator may be helpful. A time-sharing plan must be established for visitation in Florida, so a parenting coordinator can assist parties in developing one, or can give recommendations to the Court for one. A parenting coordinator must remain neutral to the situation and must meet the statutory requirements in order to be used in a divorce or paternity case.

Who can be a Florida parenting coordinator? According to Florida Statute, 61.125, a parenting coordinator must be one of the following: a licensed mental health professional, a physician certified by the American Board of Psychiatry and Neurology, have at least a master's degree in mental health and be a certified family law mediator, or be a member of the Florida Bar in good standing (i.e. a lawyer). The individual must be in good standing with any of the licensing or certification boards that they are on.

In addition, based on the need for the parenting coordinator must complete the following educational requirements: complete 3 years of post-licensing or post-certification practice; take and complete a certified mediation training program; take at least 24 hours of training in parenting coordination including ethics, coordination concepts, techniques, etc.; and complete at least 4 hours of domestic violence and child abuse training as it relates to parenting coordination.

If you believe that a parenting coordinator is right for your case you should speak with your divorce or paternity lawyer.

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

Time-sharing is an issue for Florida divorces involving children and in paternity cases. Florida requires a time-sharing plan to establish the visitation of schedules for parents and children. The time-sharing schedule can be agreed upon by both parents, but if they disagree, then the Florida family law court may require the parties attend parenting coordination in accordance with Florida Statute 61.125.
What is parenting coordination? Florida parenting coordination is completed to help resolve disputes between parents about what they want in a visitation schedule and who will have majority time-sharing (custody) of the children. Often parents do not agree about who should have the children the majority of the time, so the coordinator can help them better understand what is in the best interest of the children by educating the parents, interviewing them and the children, and by making recommendations to the court based on the court's provisions.
Speak with your divorce or paternity lawyer about your options and whether parenting coordination is in your best interest.

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

Florida time-sharing is not just for condos anymore. In a Florida divorce, involving children, the court now looks at time-sharing plans to determine the visitation schedule. So, what is a time-sharing plan?
A Florida time-sharing plan in a divorce is a plan that parents use for their visitation schedule. A time-sharing plan is not designed to start with a 50/50 visitation plan, but to develop a schedule in the best interest of the children and to help parents avoid fights along the way. The time-sharing plan should address issues like school, holiday and vacation schedules. The idea is to put the children in the best situation to develop a bond with each parent in a fair way.
If the parents cannot agree on a time-sharing plan, then the court may devise one based on numerous conditions. If the parents are arguing over majority time-sharing, then the court may require the parents to meet with a parenting coordinator or have s social investigation completed.
A time-sharing plan should be discussed with your divorce or paternity attorney to better understand your rights and options.

In a Florida divorce, marital property is often a topic of contention. In a divorce often there is an exchange of marital property necessary for both parties. When exchanging property it is a good idea to set a time and place for the exchange. If there is property in the marital home, then often a police escort can be helpful for making certain that there are no disputes that take place and that the parties do not items that have not been agreed upon by both parties. If there are items up for dispute, then it is a good idea to make a list of all items so that they can divided by the court when the time comes.

Florida is an equitable distribution state, meaning that each party is entitled to one-half value of marital assets. So, if you have two new TVs, one party will get one and the other party will get the other TV. If you need to exchange items or get them from storage it is a good idea to have to have a 3rd party, not involved with the case, present so that you can have a witness. If you cannot agree on a 3rd party, contact the police for a police escort.

Speak with a lawyer about your rights and options before making any property changes.

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

In Florida, divorces require the equal distribution of marital assets. What this means is that anything purchased or co-mingled during the marriage is considered marital and those assets have to be divided equally to the spouses. However, if one spouse uses those funds inappropriately (drugs, affairs, etc.), then the court may order an unequal distribution of the marital assets.

In a recent Florida case, Fuentes v. Fuentes, 35 FLW D878 (Fla.2nd DCA April 27, 2011), the court ruled that if an unequal distribution of assets is awarded to a spouse, then it is that spouse’s responsibility to prove to the court the assets were inappropriately used or depleted by the other. While the parties are waiting for the divorce to be final, one spouse may be required to pay the other spousal support (alimony), living expenses, attorney fees, etc. Normally, these funds are to be paid from current income, but sometimes it requires the spouse to go into marital funds to pay the other with. When that occurs, it is not considered an inappropriate use of marital funds and an unequal distribution of assets is not appropriate.

If divorce is on the horizon, you should speak with a family law attorney to better understand your rights and options.

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

Florida alimony laws have been scrutinized over the years because we do not have an alimony calculation, but simply calculate alimony based on factors of marriage duration; contribution to the marriage; marital lifestyle; etc. In addition, the type of alimony to be awarded has not been constant and there can reasons for providing permanent alimony to a short-term marriage and short-term alimony to a long-term marriage. These factors combined with a theoretical number based on marital assets; debts; and other lifestyle contributors has made alimony payors afraid of the term alimony.

Florida alimony laws started changing a year ago to give definitions to long-term and short-term marriages, which were not available before. Now, the Florida alimony statute has changed again and now includes a provision to make the payor and payee have equal amounts available to them each month. The new provision regarding alimony will be in Florida Statute 61.08(9) and basically states that the award of alimony cannot leave the payor with significantly less net income than the payee. This additional language will hopefully make alimony payments more fair in determining the amount to be paid and received. The idea is that one party really should not benefit financially while the other suffers financially from said support.

When going through a divorce, you should speak with a divorce lawyer/family law attorney to better understand the law and your rights and options under said law.

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

Alimony in Florida can be defined as a spousal support established to help keep both parties in the same lifestyle to which they were accustomed during the marriage. Alimony has been established for individuals that are divorcing that have a lack of ability to earn income based on their contributions to the marriage. The idea is that the spouse that has put his/her career on hold will be financially harmed by the divorce due to lack of income, job experience and the like. Permanent alimony is designed to help keep the status quo the marriage for the parties.

However, Florida law has changed in 2011 and will take effect on July 1, 2011 making permanent alimony more challenging to be awarded, even in a long-term marriage (over 17 years). Now, the court must determine that permanent alimony is necessary for the requesting spouse and make a finding that there are no other forms of alimony that are fair and reasonable under the circumstances. If the requesting spouse could work towards achieving a lifestyle similar to that established during the marriage, then the court may find that another form of alimony (bridge-the-gap, lump sum, rehabilitative, durational) may be just as fair in achieving the goal of having finances equal to the marital lifestyle.

When going through a divorce, you should speak with a divorce lawyer/family law attorney to better understand the law and your rights and options under said law.

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

In Florida, divorces involving alimony have gone through significant changes in the last couple of years. In 2010 the Florida law changed to include definitions of short-term marriages as anything less than seven years; moderate-term marriages are those that last 7 – 17 years and long-term marriages are those lasing over 17 years.

Permanent alimony used to be available in long-term marriages as an automatic with showing necessity of such, in moderate-term marriages if it can be shown to be within a reasonable necessity and in short-term marriages if there were, “exceptional circumstances.” The 2011 laws have now significantly impacted the ability to get permanent alimony in moderate-term marriages (7 -17 years). Florida Statute 61.08(8) , in order to get permanent alimony in a moderate-term marriage, the party requesting said alimony must present clear and convincing evidence as to why she/he should be awarded permanent alimony.

Now the threshold for getting permanent alimony for marriages less than 17 years will require more evidence then the typical issues of work history or contribution to the marriage. These allegations will now have to be proven by the requesting party and not merely addressed through testimony of the requesting party.

When going through a divorce, you should speak with a divorce lawyer/family law attorney to better understand the law and your rights and options under said law.

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

Alimony in Florida has changed in the last couple of years. In 2011, the alimony law has been changed and will take effect on July 1, 2011 regarding all pending divorce cases and any new modifications of old divorce cases. However, the alimony changes to the law cannot be used to modify an old order.

Florida Statute 61.08(7) now states that there is no reason that durational alimony cannot be awarded in a long-term marriage (over 17 years) if there is no ongoing need for permanent support. What this means for you is that if the spouse requesting permanent alimony has an ability to care for him/herself and provide a lifestyle close to that of the marriage, then that spouse may be entitled to alimony for a set period of time, but not permanent alimony since there is no need for the same.

Alimony is designed to keep both parties in the lifestyle to which they have been accustomed during the marriage. Over time, if both parties have the capability of maintaining that lifestyle without assistance, then Florida law is now saying the other spouse should not be required to continue paying support.

You should speak with a divorce lawyer to better understand how alimony works and is calculated if you are going through a Florida divorce.

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

Florida divorce laws regarding alimony have changed in the last two years. Alimony, as late as 2009, basically held that there were short-term, the gray area and long-term marriages for purposes of determining the amount of alimony and how long it would be paid. In 2010, the Florida legislature provided a new standard for determining what these terms of art actually mean. For instance, Florida Statute 61.08(4) defines marriages as short-term (0-7 years, moderate-term (7-17 years) and long-term (over 17 years).

Florida alimony now has even more restrictions that will take effect on July 1, 2011 and will apply to all pending Florida divorce cases and any new modifications of old orders regarding alimony. The changes basically make it harder to secure permanent alimony by placing more restrictions and hurdles regarding proof on the party requesting permanent alimony.

While Florida seems interested in changing alimony requirements and availability, hopefully the legislature will at some point give guideline calculations for alimony to make the process easier to understand by both parties.

If you are going through a divorce in Florida, you should speak with a divorce lawyer to better understand your rights and options.

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

Florida divorces require that assets, including all accounts (IRAs, Mutual Funds, etc.) be divided equally by the parties. Once the assets are divided equally, the income available to the parties may be construed differently and impute certain monthly allowances to a party when determining if alimony will be awarded. In a recent Florida case, Neiderman v. Neiderman, 36 FLW D927 (Fla. 4th DCA May 4, 2011), the court found that the Wife could be imputed income from the division of an IRA. While IRAs do have a penalty for withdrawals made before age 59 and 1/2, there is a provision under IRS Regulation 72(t) that allows equal periodic payments from an IRA without penalty. This is done only if the payments will be for more than five years; the life expectancy of the party; and if there is a reasonable rate of return. Under this provision, the wife in Neiderman could withdrawal $9,000 per month without invading the principal. Therefore, the wife was imputed $9,000 per month income only from the IRA as imputed income for determining her alimony award since her husband made $500,000 per year and she made $35,000 per year.
Given market changes, she may be able to apply for a modification of alimony if there is a deviation of at least 15% in her available income.

Continue reading "In Determining Alimony in My Florida Divorce, Can Income Be Imputed Through Marital Assets?" »

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

divorces and the pensions of the parties are controlled by Florida Statute 61.076, which gives equitable distribution for any vested or nonvested monies, benefits and rights received during the marriage. For example, if the wife has worked for a company for 20 years and has a pension for those 20 years of work, then husband is entitled to receive one-half of the portion of the pension created during the marriage. If they were married for 10 years, then he receives one-half of the 10 years worth of pension. Often, this is a calculation that has to be completed. Even though the final judgment or order of the divorce will state what the division is and how it is to be divided, the receiving party must also have a Qualified Domestic Relations Order (QDRO) entered by the court for the bank or 3rd party to divide the pension properly.
If you questions regarding your pension or the pension that you have been awarded in your divorce, then you should speak with a family law attorney about having the QDRO completed or you cannot get your funds.

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

As a Florida family law attorney, I often have calls from men that have been served with paternity papers who have just discovered they have a teenage child. Often, these men have already started their own family by the time they are told about the child and now they are looking to pay child support for the benefit of a kid they do not know. Florida law understands this can be an issue, so it only allows back child support only be calculated two years from the date of filing the petition for paternity. In addition, Florida case law has established that if the father did not know of the child and has children prior to finding out about the child, then child support may be calculated giving him credit for the children he presently has. The Florida child support guidelines gives credit for having a prior child support obligation, so the Florida courts have said that the father should get the same credit for kids he has in his life prior to the discovery of an unknown child.
To calculate child support for the children presently living with the father, the court may use a couple of calculations. The one that is easiest is taking the incomes of the father's present household, as if the parents were getting divorced, and establishing what the child support obligation would be. Once that is established, then that number is put into the Florida child support calculation as a credit to the father.
It is important to present the right argument to the judge for the calculation to be done, so speak with a family law attorney if you have a paternity case.

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

Club memberships can be a point of argument in a divorce. Often, couples who have membership to a private club are both covered under the same member policy. Typically, one membership will include both people in the couple, so dividing the membership can be difficult. What is important to consider when fighting over such memberships is whether you van afford the membership after the divorce. Memberships are not considered an asset, but can be calculated in determining alimony expectations or as a negotiation tool. Before fighting try to have an understanding of what you are fighting over, including whether the members are going to be your social group during and after the divorce, whether you can have your own membership established without your spouse, etc. If the membership is one that you can have without your spouse, then you want to establish whatever cost would be. However, if the membership is through your spouse's employer, then it most likely will stay with your spouse because it is nontransferable. Understand what you are asking for before fighting over it because it will save you time, money and frustration through the divorce.
If you have questions regarding your divorce, then you should speak with a family law attorney.

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

As a Jacksonville divorce lawyer, I am often asked how long a divorce will take. The time for a divorce is based on a number of factors including whether there issues involving children; marital assets; alimony; personal businesses; etc. In addition to the issues surrounding the divorce, the court also has a calendar that it uses in scheduling hearing dates and trials. No matter how quickly a divorce agreement can be reached, you are still at the mercy of the Judge's calendar to go for a final hearing.
If you and your spouse agree on things, then a consent agreement may be reached at the very beginning and the divorce can be done rather quickly. However, if there are fights along the way regarding all matter surrounding the divorce, then the process can take anywhere from 6 months to 6 years. Parties are required to attend mediation and with a divorce surrounding multiple issues like children; business divisions; division of other marital property; then the parties may agree to attend more than one mediation session to work through all of the issues instead of leaving the ultimate decision to the Judge. Hopefully, understanding the process will lead to a faster resolution to the divorce.
If you are going through a divorce, it is good to speak with a family law attorney about your rights and options so you understand what you are fighting for and over.

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

Summer visitation can be a challenge for those recently divorced or having gone through a paternity case. Any case involving children has to have a time-sharing plan, which establishes the visitation schedule for the children with each parent. Often, school holidays are divided up, including summer vacation. For those getting use to the plan, summer can be a little difficult to understand. First, it is important to refer to your time-sharing plan and calendar the time. If you live in Jacksonville, Florida or surrounding areas, then you may have what are considered guideline plans. This plan should give a start date for the parent that is meant to have the first half of summer with the children. When that parent is seeing the children the first half, the other parent would have alternating weekends. In essence, what happens is that the normal schedule is simply transferred to the other parent during that time. However, it is also important to see if you have both been given actual vacation time, which is often two weeks of uninterrupted time. Any of these dates and calendaring should be done with both parents so as to avoid confusion down the road.
If you have questions involving your time-sharing plan, you should speak with a family law attorney.

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

As a Florida divorce lawyer, I have seen Social media's impact on marriages. Facebook, 2nd Life, dating sites, all making seeing what else is out there easy to locate in the confines of your office or home. Ease of dating makes ease of cheating even more realistic to couples. The impact can and has led to an increase in affairs and divorces are the result.
In Florida, divorce is based on whether a marriage is able to be saved and not on who is at fault foe the divorce. Equitable distribution is applied to both parties to divide assets equally. if one party can show that marital funds were used to create or continue an affair than certain assets may be divided unequally to pay back the no offending spouse. For example, if a spouse has been paying for websites to meet someone, then that money can be reimbursed to the no offending spouse through money or other assets.
To understand your rights and options you should speak with a divorce law attorney.

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

Florida law holds that a short-term marriage is one that lasts for 7 or less years in accordance with Florida Statute 61.08(4). If a marriage is for less than seven (7) years, then the court may find that certain provisions of equitable distribution of assets do not apply, as in a recent Florida case Lacoste v. Lacoste, 36 FLW D784 (Fla. 1st DCA April 14, 2011).

This latest case found that the husband had placed nonmarital property (property acquired prior to the marriage) in both his and the wife's name when he believed they were reconciling the marriage. The husband and wife were married for only two years at the time and soon after the property was jointly titled, the wife filed for divorce. The court found that in a short-term marriage, with the idea that the property was jointly titled under the auspice of the parties staying married, that the wife should not benefit from the newly made marital asset. Furthermore, the court in Grieco v. Grieco, 917 So.2d 1052 (Fla. 2nd DCA 2006) ruled that a short-term marriage should not result in a payday to one of the parties when applying equitable distribution terms to the divorce per Florida Statute 61.075.

If you have such a case, you should speak with a lawyer that handles divorce matters so that you can fully understand your rights and options.

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

Stepparent adoptions in Florida can be done in a relatively short amount time, if all parties are in agreement. Basically, if the biological parent is willing to sign a consent for termination of parental rights, then the adopting parent and primary parent can file a joint petition for the adoption of the child. Once the parental rights of the biological parent are terminated, an order can be entered by the court for the stepparent to be the adopted parent of the child. Basically, an adoption finds that the adopting parent has the ability to provide for the emotional and financial needs of the child and understands that the child is the responsibility of that parent regardless of the marital status. In addition, the child no longer has the right to inherit under the biological parent and therefore, inherits as a natural child of the adopting parent.
If you are interested in pursuing a stepparent adoption, you should speak with a lawyer about the process and the proper protocol.

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

Paternity establishment can be done by either admitting and swearing to the fact that the child is that of the father (the father must sign) or by submitting to DNA scientific testing. If the father is the one petitioning the court to establish his paternal rights, then he is stating to the court that he believes himself to be the father of the child; however, the mother may contest the establishment by requesting a paternity test be done. If the mother has filed the petition, then the alleged father may move the court to require the mother to provide the child for scientific testing so that the DNA test can be completed.
If a child is born out of wedlock, then the father's rights can only be established by the court and not by the signing of the birth certificate. Establishing parental rights also means providing for the child through child support payments and establishing a parenting and time-sharing plan for the benefit of the child to have a relationship with both parents. If the mother files a petition to establish paternity and only asks for child support, the father can still request time-sharing with the child by filing a counter-petition for the same. If you are going through a paternity issue, you should speak with a lawyer that handles family issues so that you can better understand your rights and options.

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

divorce papers it can be overwhelming and difficult to understand what you will do next. Once you are served a divorce petition, you have twenty (20) days to file an answer with the court and provide a copy to the your spouse or the attorney for your spouse. An answer is a document that addressing each allegation or request in the petition and goes paragraph by paragraph. It is important to know that a petition often asks for more than the other party wants because if it is not requested in the petition, then it most likely will not be addressed. Also, you have the right to file a counter-petition along with your answer. A counter-petition basically lays out your own requests and allegations and your spouse has twenty (20) days to answer the counter-petition.

It is a good idea to file a counter-petition if your spouse has asked for the marital home and you want it, or if your spouse makes the majority of the money in the marriage, then you may want to request alimony. In addition, since Florida equally divides marital property, if your spouse used money in furtherance of an affair, then you would want an unequal distribution of assets to give you back the money used for that relationship. If you are served with divorce papers, you should speak with a family law attorney to better understand your rights and options.

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

As a lawyer in Jacksonville, Florida, I have a number of clients that want to know what they will pay in child support. Whether they come to me for a divorce, paternity action o modification of child support there is always concern for what should be budgeted.

Child support is based on factors of income, expenses paid for the child (daycare, health insurance, etc.), and time-sharing. Child support guidelines provide a calculation for how all of these factors are broken down and what the monthly obligation will be.

Once child support is calculated and ordered, it can still be modified of there are substantial changes of circumstance (i.e. Laid off from job). However, modifications should be petitioned immediately or else you will continue to be bound by the initial calculation and other consequences can occur, such as driver license suspension, jail time, etc.

Child support is not designed as a punishment to parents, but as simply providing support for the benefit of your child. When it seems like a high number consider that it is designed to provide the home, food, transportation, health needs , and other things for your child. In addition, it is designed to keep your child in the same lifestyle he would have if both parents lived in the same home.

When dealing with child support, issues it is a good idea to speak with a family law attorney to understand the process an your rights and options to be considered.

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

Florida child support is determined by the income of both parties. Florida has child support guidelines that provide a calculation to figure out what is owed to a parent.

Florida child support guidelines are based on the income of both parties, what their combined incomes are and what each parent's share is to that total. For example, if you both make $5,000 per month then you have equal shares to the combined total of $10,000 per month. Therefore, child support is based on the needs of the child and divides that need by 50% to the parent having time-sharing.

Florida child support guidelines also factor in the time-sharing split. The idea is that if you are both spending 50% of your time with the child and making equal money, then no child support should be owed because you are equally responsible for the needs of the child.

When determining child support there are a number of other factors put into the equation, such as: insurance costs for the child; daycare costs for the child; and other factors. To best understand the calculation you should speak with a family law attorney.

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

Alimony can be used to help finish or get an education after a divorce is final. In Florida, alimony can be used as a rehabilitative form of support to help the needing spouse get a degree or certification to make it easier to qualify for a job.

In a divorce, rehabilitative alimony does not stop alimony on a permanent basis or lump sum alimony. Types of alimony include rehabilitative alimony, which may be for a short period of time (how long it takes to finish a degree) and then alimony for a longer period may be awarded a well. For example, there may be alimony of $2,000 per month for 3 years for education rehabilitation, then decrease to $1,000 per month for permanent alimony. The idea is that you are giving more initially to allow time for the other spouse to get a job where less alimony will be necessary to keep the standard of living up.

If you are going through a divorce it is good to understand your rights and options. When going through a divorce, you should speak with a divorce lawyer to better understand the process and the law.

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

Alimony in Florida does not have a calculation that can be used to determine the amount of alimony in a divorce. Florida law has been quiet on a fair amount for alimony, but has provided guidelines for the length of alimony. So, how is alimony calculated in Florida?
First, the length of the marriage is a determining factor for how long a spouse can collect alimony. Florida law states that a marriage of 17 years and more qualifies for permanent alimony. Under that length of marriage there may be qualifying reasons for permanent. Other forms of alimony are as follows: bridge the gap; lump sum; and rehabilitative.

The remaining factors in calculating alimony in Florida are as follows: the lifestyle of the marriage; the contribution of the spouse to marriage (i.e. Giving up schooling); the ability of the other suppose to pay; personal factors (i.e. Health issues). These are all used to determine how much alimony should be paid to the needing party. These factors are considered by the Judge and can also be used to help both parties reach an agreement at mediation.

In a divorce action it is important to understand your rights and options in regards to alimony. To nest understand the process you should speak with an experienced divorce lawyer.

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

Mental and physical illnesses are often prevalent issues in divorces. A divorce, even for two healthy and fit individuals can be stressful, so the impact is even greater on those that are not.

In Florida, you are required to attend mediation where your case may be settled without the need for a trial. Since mediation is an opportunity for you to have some control over the outcome of your case you want to be able to enter it at your best. If you suffer from any illness, whether emotional or physical, and you have medication, be certain to take your proper medications the night before and day of mediation so that you can feel your best during the proceedings.

Prior to mediation, be sure to talk to your attorney about any questions or concerns you may have. In addition, if you have a therapist or mental health counselor, you may want to schedule an appointment before mediation and for the day following since your stress levels will most likely be higher than usual that week. If you suffer from physical health issues it may be helpful to schedule an appointment with your doctor that week to make certain you have the correct medications and therapies set up in case you experience any exacerbation due to stress.

A divorce can be challenging to get through and it is important to keep your health up. It is also helpful to speak with an experienced lawyer to help walk you through the process so that you are not surprised by any new things.

When divorcing, dividing personal property and assets can be the most challenging part of any case. When going through a divorce it is important to remember not to sweat the small stuff because it can ruin a good agreement.

When going through a divorce it is important to remember that emotional decisions are not always the best or the best use of your time and money. Mediation is required in Florida divorces and you will have ample notice of when mediation will be. Prior to that time, it is a good idea to take stock of your personal items and what is important for you to keep. Try to think in terms of items that are important and hold value to you versus just wanting something to fight over when trying to equally divide the property.

Mediation is an opportunity to work through the issues of your case and hopefully reach an agreement. You don't want to be at the end of your mediation having resolved the hard issues of visitation/Time-sharing and alimony only to start fitting over a set of plates.

If you are going through a divorce it is often times helpful to get advice from a Florida divorce lawyer so that you better understand the legal process, your rights, and the Florida States and Case Law applicable to these legal matters.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Divorce papers, in the initial reading, can be scary and frustrating because a petition is designed to ask for everything but the kitchen sink. However, you can also file a petition of your own, asking for similar things, in the form of a counter-petition. In addition to your option of filing a counter-petition you MUST file an answer to the petition either admitting or denying each allegation within 20 days from when you were served.

When should you file a counter-petition? If your spouse has requested time-sharing or visitation and you want to be the majority time-sharing parent (I.e. Custody issue); if you qualify for alimony; if you want the marital home or other assets; etc.

If you have been served with divorce papers, you should speak with an experienced lawyer regarding your rights and options so that you fully protect yourself. Also, the attorney can help you better understand the process and how to proceed.

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

What do shared and sole parental responsibility mean when going through a divorce or family law action in Florida? Parental responsibility gives parents the right to make decisions they feel are in the best interest of their children, such as the following: public or private schooling; participating in sports; seeing grandparents; etc. When a family is divided through divorce or circumstance (i.e. a paternity action), then there becomes a question of whether one parent should get to make those decisions or if the responsibility should be shared equally by the parents (e.g. sole parental responsibility or shared parental responsibility).

In most cases, the Court will award shared parental responsibility to the parents involved in the litigation. The idea is that while the parents may not see eye-to-eye on all things, they should be able to come together for determining the decisions that go to raising their children since they chose to have children together. A parenting plan can establish certain guidelines that will be enforceable by the Court if the parents are unable to agree on certain things and there can a provision in the final order for the parents to attend mediation if they cannot reach a decision together.

In some cases, one party may continuously make decisions that have been harmful to the children (i.e. excessive drinking). If there has been a pattern of behavior of the parent not caring for the children or a parent not making decisions in the best interest of the children, then the other parent may request or petition to the court that the other parent not get to exercise parental responsibility on the bigger decisions regarding the children (i.e. private or public schooling).

If you are seeking to get sole parental responsibility, then you should speak with a lawyer that works in family law matters of this magnitude. Understanding your rights and options is best when moving forward with your divorce or paternity action.

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

Owning your own business when going through divorce in Florida can be challenging. If the business started during the marriage, then it is considered a marital asset and is subject to equal division to both parties. However, some businesses are dependent of a product while others are set-up on a service provided. A business valuation should be obtained by both the husband and wife, or if you can agree then one valuation may be acceptable.
A business valuation should be done to determine the actual value of the business from office furniture to actual profit or loss generated. If the business is built on product, then the value of the business should be manageable to determine because the product has value it produces. If the business is dependent on service, especially the service or talents of one spouse, then the value of the business is more challenging to assess because its product is a person and their productivity.
When fighting over a business it is important to understand how money is generated from the company an how it is spent by the company. You may find out that the business makes "x" and has to spend "y" in overhead, marketing and other expenses, which in turn leaves very little of actual income or "z" to the parties. Also, if the business has debt, you are also asking the court to divide that debt equally. If you and your spouse are divorcing and you own a business, then it is recommended that you speak with a lawyer for both the divorce and business issues that are involved.

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

Am I on the hook for an accident if my soon to be ex was driving our car? Florida law recognizes that assets such as cars and houses are jointly owned if purchased during the marriage and must be equitably divided. Though you do not have to be joint title holders of vehicles purchased during marriage, if you are both on the title then you are both on the hook for any accidents that occur in that vehicle. In Florida, an owner or owners of a vehicle are responsible for accidents that may occur while they or another, who has permission, is driving the car.
If you are divorcing and own jointly titled cars, then you may both agree to turn title over to the other on each commonly used vehicle. This should be done as you would normally shift or transfer title to a new owner. Also, you have to inform your insurance company of the transfer of title so that insurance is established separately, though you may remain on the same policy until the divorce is finalized.
If you are fighting over the vehicles, as they are considered marital property, then you will want to make certain that the final divorce papers give a provision for how long you both have to transfer title.
Florida divorces include all marital property (property purchased during the marriage) not only jointly titled property. By speaking with a ">lawyer who handles family law you may protect your rights and options.

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

Florida divorces are decided as a no-fault matter. Florida no-fault law that rules divorces basically means that the reason for the divorce is not important in determining issues surrounding the divorce. In Florida, divorces separate assets and liability (debts) equally between the parties; alimony is based on a number of factors including the lifestyle of the parties during the marriage, the length of the marriage, etc.; and the time-sharing plan for the children is based on the best interest of the children. None of these factors are decided based on who did what during the marriage.
In situations of adultery; gambling; drug use; etc. the court can consider whether marital funds were used in furtherance of those actions. If it can be shown that marital funds were dissipated by one of the parties for such actions, then the court may order an unequal distribution of marital assets and debts in order to payback the other party.
When determining the best interest of the child[ren], the court may consider whether one of the parties participates in activities that may be detrimental to the child[ren]. If there are extreme accusations, then the court may require a time-sharing coordinator and/or a social investigation in order to assist in determining the best situation for the kids.
Understand your rights and options before filing for divorce and contact a family law attorney to assist you with these issues.

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

As a Jacksonville, Florida family law attorney one of the more joyous occasions I get to handle are stepparent adoptions.
When a parent marries a someone that is willing to take the place of a missing parent, whether by choice, incarceration, death, etc., Florida allows the process to be completed relatively smoothly. The idea of the court is to make the transition easy for the stepparent as long as the other parent does not contest or object to parental rights being terminated. Often, if the other parent has not been involved with the child’s life, that parent is typically willing to have his/her rights terminated and will consent to the termination of parental rights.
An unmarried father that has not registered with the Putative Father Registry and who has not been married to the mother or in communication with the mother may give up his rights by failure to comply with the establishment of his legal paternity. However, if the mother knows how to find that individual, then there is a presumption that he should be given the opportunity to object to his rights being terminated and notice is given to him of the Petition.
If you are seeking to adopt your stepchild, then you should speak with a family law attorney to make certain that you go through the correct process to make certain the adoption is done correctly.

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

Relocating with your child in Florida does require action on your part if you are not married to the other parent. When moving more than 50 miles away, you are required to file an action with the court giving notice that you intend on moving. This document must be provided to the other parent as well. The only way around this rule is if you have previously reached an agreement with the other parent and put that agreement in writing, then you must file that plan with the court that maintains jurisdiction on the case (most likely where time-sharing was ordered).

Florid Statute 61.13001 lays out a map for all required language needed in the document. Once it is filed and the other party is given notice, then the other party may file an Objection with the court within 20 days. If an Objection is not filed with the court, then there is a presumption that the move is in the best interest of the child. If there is an objection, then the court will require a hearing to make a ruling on whether the move is in the best interest of the child and to determine the best time-sharing [visitation] plan for the situation. Often these plans include the cost for transportation to be covered by one or both parents.

If you are seeking to relocate, or object to the other parent’s location, then you should speak with an experienced family law attorney to make certain that you fully comply with the Relocation statute.

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

Florida divorce/family law courts recognize discrepancies in the incomes of both parties and have developed access to courts early in the process through a Motion for Temporary Needs. Once filed, there is a hearing to establish the needs of the parties until the divorce can be finalized. The motion for temporary needs can include the following issues:

1. Who will live in the marital home while the divorce is pending.
2. When children are involved, a temporary time-sharing plan (visitation).
3. Child support to be paid based on that [time-sharing plan] schedule.
4. Spousal support (determined based on the same provisions as general alimony, but sometimes it is more generous on the temporary basis since the separation is fresh and expenses are unknown).
5. Attorney fess and costs that were necessary for filing the divorce and getting representation. The idea is that if one party can afford an attorney, then the other party should have the same ability.
6. Any other items that need to be determined early so that the parties can make it from the filing to the final hearing.
7. Florida courts recognize that some spouses do not have the income of the other and may have a need for assistance while they go through a divorce.

The idea of providing for the parties during the divorce proceedings is to keep the parties on an even playing field. To better understand your rights and options regarding the issues above you should speak with an experienced divorce/family law attorney.

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

Florid child support payments are required by law and an order is established either through an action for divorce or paternity. If child support is not paid, the responsible party’s driver's license can be suspended through the Division of Driver's License (Department of Highways and Motor Vehicles). According to Florida Statutes, §322.058 suspension of a driver's license can be done when the Division of Driver's Licenses has notice that the responsible party failed to comply with the law.

Often, the suspension of a driver’s license will put pressure on the party responsible for paying child support and they will make efforts, to have their license reinstated.

If you are dealing with a family law matter involving child support, it is wise to get the advice of your rights and options from a qualified family law attorney.

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

Teenage pregnancies or unwanted pregnancies seem to be a common topic in American culture. From Sarah Palin's daughter to Jamie Lynn Spears who was 16 and pregnant, and to your own child possibly knowing someone in school that is pregnant. There are options available, but knowing them is half the battle.

While we would like to say that marriage is an answer, for many it is not the right option at the right time. Florida recognizes the right to child support, so the father is not off the hook for support simply for not wanting to be part of the child or mother’s life.
In order for a father to be determined responsible, at least financially for the child, a paternity test will be required if the father does not admit paternity upon the filing of a Petition to Establish Paternity. Since child support is based on the income of the parents, and sometimes these parents are in school, the court can impute income to one or both parties.

Adoption is also a wonderful alternative because it provides a home for the child with a family that wants to and can take care of the child. The movie "Juno" shed light on the topic of adoption for teen moms and showed how families are often desperate to adopt a child because they can provide for the child emotionally and financially in ways that the birth mother and father may not be able to. If both the mother and father are willing, they can voluntarily terminate parental rights for the benefit of the child being adopted free and clear by the proper family.

In looking into your options, it is good to get all of the facts from an experienced family law attorney.

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

As a Jacksonville attorney handling time-sharing issues with a client comes second nature since I grew up in such an environment. For family law clients, dividing holidays, birthdays, and vacations are a concern as they go through a divorce or paternity action. Florida requires parents to file a parenting plan that defines the time-sharing (visitation) plan they will follow. In Jacksonville, Florida, we have the 4th Judicial Circuit Visitation Guidelines, which were designed by the court to make division of time easier on parents when they cannot reach an agreement. Since the parenting plan became a necessity, the guidelines lay out an idea for parents, but are no longer simply followed by the Court, however, they are generally going to be the minimum time-sharing imposed on the parties.

The Florida Parenting and Time-Sharing Plan allows parents to design their visitation plan, but also provides guidelines for handling the needs of the children as they get older. According to the guideline times-haring in Jacksonville and surrounding areas, holidays are divided by even and odd numbered years. However, the parents can develop a different plan if they prefer and can agree otherwise.

When dealing with visitation issues, it is important to keep the needs of the children in the forefront of the conversation. As children get older they will be involved in more activities so being flexible, even to the plan created, is always a good starting point to avoid conflicts over the years. Decide early on that make-up timesharing may be necessary because life will happen and weekends, holidays, etc. may have to be alternated.

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

While Jacksonville, Florida has an influx of bankruptcy filings over the last few years, child support continues to be ordered in divorce and paternity actions. If a parent files bankruptcy after child support is ordered, then Bankruptcy does not discharge that support obligation.

Florida law makes it clear that child support is for the benefit of the child and the parent receiving the money acts as the trustee of said funds for the child; therefore, the money is not considered income to the receiving parent for purposes of bankruptcy filed by that parent.

Since the money is considered support for the child, it is not a debt that can be discharged through the filing of bankruptcy. However, if the paying parent has a reduction in income by no voluntary action (i.e. laid off from job), then s/he can file for a modification of child support.

If you are dealing with bankruptcy and family law matters, it is a good idea to find out your rights and options from an experienced attorney.

Bankruptcy filings in Jacksonville, Florida have increased since the recession began. For many people going through a divorce or having been divorced where alimony is a factor often wonder if the alimony obligation can be discharged in bankruptcy.

According to the bankruptcy laws, only certain items are dischargeable in an action for bankruptcy as outlined inUnited States Code, Title 11, Chapter 13. According to bankruptcy and Florida law, the outcome from a discharge of an alimony obligation may be detrimental to the receiving party, therefore the alimony cannot be discharged in the bankruptcy court.
In addition, the debt incurred by a spouse, ex-spouse or child through a divorce action cannot be discharged by the bankruptcy, according toSection 523(a)(15) of 11 U.S.C. Sec. 23 .

If you are unable to pay the alimony previously ordered by the Court, for reasons outside of your control, then you may file an action for Modification of Alimony with the Court. However, if your money has been depleted by your own, voluntary actions (i.e. gambling), then the alimony may not be modified to a reduced obligation.

These issues can be extremely complicated and obtaining a family law attorney would be beneficial.

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

Florida law requires equitable distribution of marital property in divorce cases. Furniture and items purchased or received during the marriage or anticipation of the marriage (wedding gifts: Greenberg v. Greenberg, 698 S.2d 938 (Fla. App. 1997)) are considered marital property and subject to distribution. Equitable distribution is based on the value of the property and furniture. The idea is to give each party the same monetary value of property.

The difficulty with equitable distribution is determining the actual value of the furniture is questionable and often requires parties to get a valuation of the property. Valuations can be one by appraisers that specialize in valuing furnishings. If the parties do not agree on the furniture and personal property appraiser, then they may each hire their own and have that individual testify at the divorce hearing for the judge to determine the actual value of the property.

It is a good to speak with a divorce lawyer regarding your rights and options when going through a divorce. In addition, the divorce attorney can help walk you through the process and help to ascertain the best outcome for you in the proceedings.

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

If you are divorcing in Florida with assets purchased before marriage, Florida law recognizes them as premarital assets and those items typically remain with the person that brought them into the marriage. In Florida family law cases, clients often wonder which party will get the engagement ring.

The ring is considered a premarital gift and it remains with the wife upon the dissolution of the marriage as in Greenberg v. Greenberg, 698 S.2d 938 (Fla. App. 1997)). The value of the ring, given that it is premarital, does not go into the pot of the value of the couple's assets. The ring is not considered part of the assets that are equitably divided per Florida law regarding marital assets.

For those with an engagement ring that was a family heirloom, the same ruling applies because the ring is considered a premarital gift regardless of its origin. However, if you intend otherwise, then that premarital agreement should be put in writing to assure the return of the ring if that is the desire of both parties at the time the ring is given.

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

In Florida, if you are going separate ways in your marriage, divorce is not a requirement to receive alimony and/or child support in Florida. If you and your spouse are separated, then the party in need of spousal or child support may petition the court without filing for divorce (Florida Statute 61.09). This allows for parties to separate without the pressure of divorce if that is not their ultimate goal.
The Court establishes alimony based on the same factors that are considered in a divorce proceeding, per Florida Statute 61.08, such as length of the marriage, contribution of the parties during the marriage, lifestyle of the marriage, etc.

Child Support is determined based on the child support guidelines in Florida Statute 61.30, as it would be under any other proceeding in family law matters ( divorce, paternity, etc.).

Child Support is based on the income of the parties, so if alimony is awarded, it will be factored in as income to the receiving party for purposes of child support.

Continue reading "Florida Allows Alimony and Child Support Without Divorce" »

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

Florida requires that a parent file a Petition for Relocation if that parent has the child the majority of the time and is moving more than 50 miles from the child's principal residence. This petition is required if both parents, or another with rights to the child, do not agree on the relocation of the child.
If the parties are in agreement with the relocation, then they must put the agreement in writing, stating the following:

1. State the consent to the relocation;
2. Definition of the new time-sharing schedule for the parties; and
3. Describe transportation for time-sharing.

The agreement must be filed with the court, but a hearing is not required unless requested by one of the parties within 10 days after filing the agreement with the Court.
If the relocation is not agreed upon, then the petition must provide certain information per Florida Statute 61.13001 and the other party has 20 days from the date of service to file an objection with the Court. If no objection filed with the Court within that time, then it is presumed that the relocation is in the best interest of the child(ren).

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

Alimony is a common factor in Florida divorce cases. Alimony or spousal support is determined using a number of statutory factors, including but not limited to the lifestyle of the parties during the marriage, the length of the marriage, the contribution of each spouse to the marriage, etc. Once alimony is determined, the Florida court awards that amount to the needing spouse and it is often in place until the end of time specified in the order. However, given certain circumstances, the alimony amount can be modified if there is substantial change in circumstance.

Florida Statute 61.14 provides for a modification of alimony or spousal support if certain factor are presented to the court and the threshold is met. Modifications in alimony can be a request by the needing party for an increase in support or the payor may request a decrease of the alimony amount. In order to establish a modification, the moving party must allege a substantial change in circumstance has occurred for the decrease or increase of spousal support to be changed. For example, if spousal support was awarded and the paying party discovers that the receiving party is cohabiting or residing with another person in a supportive manner.
Florida Statute 61.14 identifies a supportive relationship and provides actual provisions under which alimony may be terminated. These include, but are not limited to the following:

1. A supportive relationship exists between the party receiving alimony and the person s/he lives with.
2. In determining the degree of support, the court is allowed to find out the nature of the relationship between the alimony receiving party and the person with whom their is a supportive relationship (spouse, girl/boyfriend, friend, family member, etc.).
3. The relationship can be determined by how the two individuals hold themselves out in society, but still does not recognize common law marriage.

There are other factors used in determining a change in alimony or spousal support and it is best to speak with a qualified family law attorney regarding such issues before proceeding.

Continue reading "In Florida, When Can Alimony Be Modified or Changed?" »

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

Florida enforcement of child support can be brought through a Motion for Contempt if the responsible parent, the obligor, fails to pay child support per the order of child support entered by the Court. When a child support order is entered, it is done so based on the reported income of each parent and if an issue of nonpayment arises, then there is a presumption by the Court that the obligor maintains the ability to pay and it is up to that parent to prove otherwise.

If the obligor informs the court that s/he is unemployed or underemployed involuntarily, then the Judge may order that party to do the following:

1. Look for employment
2. File reports with the court, or the Florida Department of Revenue if the obligor is in receipt of Title IV services, that explain the party's efforts in the search for employment.
3. Provide notification to the Court once employment is found.
4. Take part in programs that provide job training, placement, work experience or other similar programs that may be available to the obligor (chapters 445 and 446 of the Florida Statutes).

If the obligor voluntarily and unilaterally decides not to comply with the Court's order, then s/he may be held in contempt. Contempt matters can range in punishment, but can include time in jail, with a purge or release amount totaling the owed child support amount.

Continue reading "Florida's Enforcement of Child Support - Motion for Contempt" »

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

Florida divorce cases involving children, child support cases and paternity cases often provide for support of the children based on Florida Child Support Guidelines in Florida Statute 61.30. However, the guidelines do not address medical expenses regarding the children, except for health insurance coverage purposes. So, how does Florida divide the parental financial responsibility for uncovered medical expenses for the children?

Often, agreements reached by the parties will include language that the parties are required to equally split the uncovered medical bills. These issues recently came up in the Florida 2nd District Court of Appeals, which ruled that uncovered medical expenses should be divided in relation to each parents percentage of income, as in the child support guidelines. Zinovoy v. Zinovy, 36 FLW D34 (Fla. 2nd DCA, December 29, 2010).

So, what does this mean? Florida child support is based on the overall income of the parents. Basically, if each parent makes $5,000 per month, then the overall monthly household income is $10,000 and each parent is 50% responsibility for that amount. So, their children's uncovered medical expenses would be divided 50/50. If one parent makes $4,000 per month and the other makes $6,000 per month, then the uncovered medical expenses would be divided 40/60. This helps maintain a fair balance based on the incomes of the parents.

Continue reading "How Are Uncovered Medical Expenses Divided in Florida Cases Invovling Children" »

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

If you live and Florida and have filed for divorce and now have an agreement regarding the dissolution of marriage, then you may be attending a final hearing on the Consent Final Judgment. If you have reached an agreement that has been finalized in writing, then the next step is for one party to attend a final hearing. A final hearing requires testimony, but it is limited to the following:

Testimony and proof to the court that you were a resident of Florida for at least six (6) months before the filing of the divorce. In order to show the court that you have met the residency requirement, you must provide proof of residency with a Florida driver’s license, Florida voter registration card, etc. This allows the Judge to know that you have met the residency requirement per Florida Statute 61.021.

Testimony must be given to the Court that the marriage is irretrievably broken. You may be asked to explain why and a simple answer can be provided, such as, “We no longer love one another.” The Judge does not need to have full details for reason you are seeking a divorce.

If there are children born or expected of the marriage or the testifying party denies that the marriage is irretrievably broken, then the Court may do the following:

a) Order one or both parties to attend counseling
b) Continue the divorce proceedings for a reasonable period of time, often three (3) months.
c) Other action found reasonable and in the best interest of the children

The only thing left to testify to is whether you have actually reached an agreement and that the order presented to the Court formalizes the agreement in writing. You may be asked whether it properly lays out alimony, child support, timesharing and parenting plans, and distribution of marital property. Also, you must testify that the signatures on the agreement are yours and the other party’s.

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

requirements before filing are that at least one party must be a resident of Florida for at least six (6) months prior to filing a petition and that the marriage is irretrievably broken.

If the marriage is not irretrievably broken, meaning that there is a chance you may get back together, then the Court may require you attend counseling and postpone the divorce proceedings for a reasonable period of time, often three (3) months.
If the Court orders marital counseling or counseling for one of the parties, then the petition is not thrown out, but is put on hold for the time established by the Court.

If you go to counseling for less than the time ordered by the Court and know that you would like to proceed with the divorce, then you may speak with your lawyer about filing a Motion with the Court to allow the divorce to continue.

If you are able to amicably resolve the divorce issues and reach an agreement prior to the trial, then you or your spouse will have to testify that the marriage is irretrievably broken. If that fact is denied to the Judge, then you may be ordered back to marital counseling. However, if the testimony to the court is that the marriage is broken irretrievably, then the Court will most likely enter the agreement as an order of divorce.

Continue reading "In a Florida Divorce, Is Counseling Required?" »

Florida paternity and divorce cases involving children require child support to be calculated. Child support is based on the income of both parties and in order to establish that the Court does not simply accept testimony. So, how do parties actually provide proof of their individual incomes?

Florida divorces are ruled by Florida Family Law Rules of Procedure, which requires that both parties file a financial affidavit. A financial affidavit details the monthly expenses of the individuals including their income and expenses. In addition to personal expenses, the financial affidavit requires the children’s expenses be calculated as well. That way the court knows which parent is paying for childcare and the child’s health insurance, which all goes into the child support calculation. Since it is an affidavit, the parties must sign and have the affidavit notarized.

In addition to the financial affidavit, the parties are required to provide documentation outlined in Mandatory Disclosure, also detailed in the Florida Rules of Family Procedure. Some of the documents required are the following:

a) At least three (3) months of bank statements for all accounts held individually and jointly. Joint accounts are any accounts with the party’s name on them, including those held for elderly family members.
b) At least three (3) months of paycheck stubs. If you are paid hourly and work overtime, it is a good idea to provide as many months as possible.
c) Any and all loan applications filled out by the individual or done as a cosigner. This documentation often has questions related to your income and allows the Court to see what type of loans you may have outstanding.

All of these items help establish the actual income of each party and what the children’s needs are. Child support is based on the combined income of the parties and what each individual’s percentage of contribution is to that combined amount.

Continue reading "Florida Child Support Cases Require Filing a Financial Affidavit and Complying with Mandatory Disclosure Documents" »

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

As a Jacksonville, Florida family law attorney, I represent clients in paternity, child support and divorce cases. Payment of obligations for child support and alimony seem to weigh on both parties because one needs the support and the other wants to make certain payments are made on time so there are no future actions for lack of payment. The answer is that Florida does allow income deduction orders to be entered against the party responsible for payment, which means that wages can be garnished for the support. Income deduction is an easy way for the obligor to pay the money owed and it allows the money to be direct deposited into the proper account. In addition, it allows for proper accounting of all monies paid so that accusations of nonpayment can be properly defended.
According to Florida Statute 61.103, an income deduction order can be entered in connection with an order that establishes the support obligation for child support or alimony. The income deduction order must state that an order for the obligation has been entered by the court and it must include the date the order was entered, the court that entered the order (i.e.

Jacksonville is the Fourth Judicial Circuit) and it must provide the court number associated with the original order.
Once the income deduction order is entered, the court must furnish the obligor with a statement rights and remedies associated therewith and provide details of the fees associated with the deduction, the amount to be deducted, that notice will be given to the obligor's employer and that subsequent employers must be notified by the obligor, and other factors related to Title IV-D cases.
Income deduction orders can be a good tool used by both parties in a divorce, paternity or child support case because it helps protect the interests of both parties. and

Continue reading "Florida Allows Income Deduction for Child Support and Alimony Obligations from Paternity and Divorce Actions" »

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

Filing for divorce in Florida? Florida Statute 61.052 lays the ground work for filing for divorce in Florida. First, you must qualify by being a resident of Florida for at least six (6) months before filing a petition, then you must meet the requirements for a divorce to be granted.

In order to start a divorce, one party must file a petition for dissolution of marriage, which should allege the following: that the marriage is irretrievably broken or one spouse was adjudged mentally incapacitated at least three (3) years preceding the petition; whether there were children born, adopted or expected from the marriage; request for alimony; request child support; request for timesharing/parent plan; equitable distribution of marital assets and debts or unequal if there is a legitimate basis for the request (depletion of marital assets by one party); and any additional requests that may be sought.

The party that is served with the petition must file an answer to the petition within 20 days of the date of service. That party may also file a counter-petition requesting the same or similar things as those pled in the initial petition. If a counter-petition is filed, then an answer must also be filed to that petition within 20 days. Once everything is filed, then you can move on with the divorce by asking for a trial date.

During the time between filing a petition and before trial, there is a period of discovery, where both sides must provide documentation of their assets and debts along with a financial affidavit. There is a timeframe for all of the proper documentation to be provided to the other side.

Prior to attending a final hearing, the judge will require that you attend mediation to possibly settle the case before trial. Mediation is a chance for a neutral third party to assist both sides in working through some of the issues and hopefully settle their case without a trial.

Continue reading "Requirements for Filing for Divorce in Florida" »

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

In Florida, to file for divorce, you must reside in the State for at least six (6) months prior to filing a petition with the court. The Florida residency requirement only requires one of the parties to have residence in Florida, to file here and actions can be brought against a party that resides outside of Florida.
An example would be if you and your spouse live in New York and decide to separate and during the separation you move to Florida for at least six (6) months, then you can file for divorce in Florida though your spouse still resides in New York. Typically, if there is an issue with children, the matters involving the children will be in the court where the children physically reside. However, the actual divorce, equitable distribution of assets, etc. can be decided by a Florida court.
The easiest method of proving your residence is by showing the Court a Florida drivers license. If you do not have one or it was not issued six months prior to your filing for divorce, then you can use the following: lease agreement that signed and dated; utility bill, in your name; or anything that may show the court that you have actually resided in Florida for six (6) months. If you do not have one of those available, then you may have a signed affidavit by someone that can attest that you have lived in Florida for the required time.

Continue reading "Florida Residency Requirement for Filing Divorce" »

Written By: Lenorae C. Atter, Attorney

In Florida divorce, paternity, modification or other family law cases involving children, if the parents cannot agree on a parenting and time-sharing plan, then the Court may order a social investigation per Florida Statute 61.20.

A social investigation can be a helpful tool in deciding where the children will reside the majority of the time. When the court orders a social investigation, then the court may appoint the individual handling the investigation by the court's own preference or by agreement of the parties. When the investigation is ordered by the court, the investigator is required to be a qualified staff of the court; an agency that works in child placement and licensed under Florida Statute 409.175; a licensed psychologist; or a licensed clinical social worker, marriage and family counselor, or mental health therapist.

Once the investigator is appointed, the parties and children will attend sessions with the individual and a final report with recommendations for a parenting and time-sharing plan will be provided to the parties and to the court. While the investigation is helpful and often relied upon, it is not a final statement of what will be ordered by the court. The parties can still discuss the parenting and time-sharing plan and may agree on terms that were not necessarily recommended in the report. The court may also review the report and deviate from the recommendations if the parties are still not able to reach an agreement. What the report does provide is a detailed analysis of the situation so that the court can ultimately rule in the best interest of the children, which is the standard in Florida for determining issues involving children.

Continue reading "A Social Investigation for a Parenting and Time-Sharing Plan is a Helpful Tool in Florida Divorce, Paternity and Modification Cases" »

Jacksonville, Florida is in the Fourth Judicial Circuit of courts, prior to the 2007 legislative change from visitation to time-sharing, there was a standard visitation guidelines established by the court. Since time-sharing is a new concept for many people in Florida, the idea of the old “standard visitation schedule” seems to be used frequently in establishing a time-sharing plan. Because such schedules were developed by the court, each circuit court of Florida that used one had something different than the other. The difficulty I see with this issue is that often one parent will do research, find a schedule for visitation and try to apply it without court action. I often have clients call and ask me what “standard visitation,” is because the other parent told them that is what they have to do. Since there are different versions out there, often times my client does not know which one the other parent is even using. The legislative change to establish a time-sharing plan is designed to assist in this issue.

First, the Fourth Judicial Circuit visitation guidelines basically provided the minimum amount of visitation for the non-residential parent. According to this circuit, again each had their own standard; the non-residential parent received the following:
One day per week from after school got out until 8 p.m. one night per week, typically Wednesday; alternating weekends; alternating Thanksgiving from the day school got out until the day before returning to school; alternating Christmas break with one year from the day school got out until Christmas day at 3:00 p.m. and the next from 3:00 p.m. Christmas day through the day before school started; one-half summer and the other parent received alternating weekends; Mother’s Day with mom and Father’s day with dad; alternating birthdays; and other provisions.

If the standard visitation schedule was not working, often parents did not know what else to do because this was the court order and that is what they were going to follow. A time-sharing plan can still use these same ideas; however, it is designed to think through matters more intently so that parents can actually have time with the children greater than a minimum amount. Furthermore, some families celebrate different holidays than those accounted for in the above schedule, so the time-sharing plan takes those factors into consideration. The other thing that a time-sharing plan can assist with is developing a schedule that accommodates the parents and children since they often have more activities the older they get.

In dealing with any matter regarding children, the first step is to determine what the children’s needs are and go from there. Establishing a plan that makes sense on paper does not mean that it is going to be the right schedule in practice. Life is filled with the unexpected and having two households means that the unexpected can happen twice as often. Working through a time-sharing plan allows the parties to think through real issues before going in front of a judge and the plan can often be tweaked by agreement of the parties. In addition, it is an option to place in the plan that if the parties cannot agree on changes, then they will first go to mediation before filing for a modification of time-sharing with the court. This gives an opportunity for the parents to work through their disagreement with a neutral third party and hopefully, ultimately agree on a plan that will work.

It is not a good idea to inform the other party that you are making them go to guideline visitation because they will not understand and will not know to which set of guidelines you are referring. If you provide the parent with the guidelines that you wish to use, then allow him or her time to look over them and decide if they are agreeable. If you both have lawyers, then have yours provide your proposal to the other attorney. This can help in reaching the right time-sharing plan for both parties.

Continue reading "Florida Visitation Guidelines and Time-Sharing Plan" »

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.

Today’s relationships are far different from the relationships of the 1930s and 1940s. Many young adults are bewildering their parents and grandparents by “dating” for years, some approaching the decade-long mark. For example, Prince William and Kate Middleton, both 28-years-old, have been dating for nine years. This is drastically different from the post-World War II era, where couples married in their early 20s; now, it’s 28 for men and 26 for women.

An article published by USA Today suggested reasons for the delay to the alter: (1) Sex before marriage is widespread; (2) Two-thirds of couples live together before marriage; (3) A greater pool of potential partners is still available; (4) Young adults worry about divorce – they know some relationships just do not last, they want to get it right; and (5) Society sends mix messages. On one hand popular movies and TV shows portray these ideal romances of finding your one true love and staying a lifetime together. On the other hand, is celebrity culture – couples getting married and divorced multiple times. Society’s mixed messages promote the idea that romantic connections are unstable.

Melissa Trapper Goldman, a 29-year-old documentary filmmaker who is also in a long-term relationship, agrees, stating you hear these pieces of advice: “You’ll just know the one,” which is just not useful. Goldman and her fiancé, Aubrey Clayton, 30, have been dating since January 2005 and got engaged just 5 months ago. During their relationship, Goldman and Clayton moved around the country, Clayton to California for graduate school and Goldman to Boston then Albuquerque. Goldman said it was important to go through these changes together – change after change, they stayed together. Experiencing these changes made Goldman feel secure about their relationship, it proved Clayton was someone she could go through a lot of changes with. Experts say this kind of thinking makes sense. To read more of this article see Young adults are not in a rush to for marriage.

Long-term couples have a tendency to move in together, co-sign on loans for each other, take on credit accounts and engage in other behavior as if they were married. If the long-term couple splits, problems can arise regarding how to divide the assets and liabilities incurred while they were together. Common-law marriage is a status which is legally recognized as marriage in some jurisdictions even though a legally recognized marriage ceremony was not performed or a civil marriage contract was not entered into. It is important to note that not all states recognize common-law marriage. Under Florida Statute 741.211 the Florida Legislature declares common-law marriages void. Contact a Florida Family Law Attorney to discuss your status and possible legal actions you may be able to pursue regarding cohabitation.

If you are considering a Florida prenuptial agreement, you need to understand exactly what the law allows – in other words, what a prenup can, and cannot, do for you.

A prenuptial agreement can:

Keep assets separate – A prenuptial agreement can ensure that an individual retains designated assets even if they are accumulated during a marriage that ends in divorce.

Protect family property – Whether it is a family heirloom, a vacation home or shares in a family business, a prenuptial agreement can protect property in case of a divorce or death to ensure the property stays within the designated owner’s family.

Provide debt protection – a prenuptial agreement can also limit one spouse’s liability for the other spouse’s debts, preventing creditors from going after marital property to satisfy outstanding liabilities.

Protect inheritances – If either spouse has children from a prior marriage or relationship, a prenup should be considered to ensure those children inherit their rightful share of that spouse’s property.

Define spousal support – In Florida, a prenup can define, restrict or even waive alimony rights as well as property division rights in the event of a divorce.

A prenuptial agreement cannot:

Restructure child or spousal support orders – this can only be accomplished through a court-approved modification of support.

Impose nonfinancial rules – a prenup is not a good vehicle for imposing rules about behavior, such as how children will be raised or how household duties are divided.

In a no-fault state like Florida it is difficult to understand, as a family law attorney, why parties are willing to spend more money than they have to prove that a spouse was, in fact, having an extramarital affair. It is not to say that affairs are not personal or do not take personal tolls on the individual hurt by it, they do. However, to spend thousands upon thousands of dollars for a court to hear the atrocity, when the reality is the affair will not have a bearing on the outcome of the case is scary.
Speaking as a professional interested in representing the client's best interest, I think preserving the client's money for what can really make a difference, counseling on the emotional aspects, is much better. I struggle with this issue as a family law attorney because I do not want to take advantage of the emotions associated with the divorce. The only way to avoid an attorney taking advantage of this situation, other than hiring an attorney like myself, is to take the emotion out of the divorce.
What do I mean by this? I simply mean that the divorce is a business transaction, you are seeking to dissolve a contract, that being the contract of marriage. I know that sounds cold, but the reality is, at the end of the day, it's business. You are searching to protect your assets, finances, retirement, which again, is a business concept. The more you can remove the emotion from the action the less money the divorce will cost you in the end.
At the end of the day, true justice is walking away knowing you have all things you are legally entitled to and you can hold your head up knowing that you have survived an awful situation. Take the money or sell some assets and treat yourself to a relaxing vacation to ease your mind of the chaos that previously ensued.

House Bill 907 was approved and signed by Governor Crist on June 3, 2010. This bill made a number of changes to child support and alimony laws.

Changes:

1. Requires child support awards to end upon the child reaching the age of majority and, where appropriate, to account for revised child support guidelines based on remaining child support owed.
2. Where the parents of a child have a high income, a different standard is applied in order to determine the amount of child support owed.
3. The bill creates a rebuttable presumption that a person can earn minimum wage as well as provides additional criteria for the establishment of an imputed income amount. Imputed income is used when one parent voluntarily quits their job or voluntarily is underemployed. It is used as a tool to better provide for the child.
4. Amends the child support formula; income tax consequences of children and their financial support are not accounted for.
5. A court can now consider a situation where a child support award requires a parent to pay an amount of support that will make that parent fall below the poverty line.
6. Reduces the 40% timesharing threshold for a child support award adjustment based on timesharing to 20%. This way the money follows the child.
7. Provides for the application of a partial payment of alimony similar to how partial payment of child support is applied.

Effects of the proposed changes:

• Termination of Child Support at Majority
o Generally an award for child support ends upon the child reaching the age of 18-years-old. However, an award may be extended in two different circumstances:
i. If the child is dependent upon his or her parents because of a mental or physical disability that existed before the child turned 18.
ii. If the child is still in high school but is expected to graduate at age 19.

• Application of Alimony Payments
o The current laws allow for partial payments of a child support obligation. However, the bill amends the current law to allow for a parallel rule regarding partial payments of alimony
o The bill also provides that interest due on past due support obligations may be enforced like any other support award, like contempt, and provides that interest is not due on the previously established interest.

• Child Support Guidelines Formula – Imputed Income
o Imputed income is what a party should be earning; it is used to determine child support rather than actual income.
o The bill creates a rebuttable presumption that each party can earn a minimum wage on a full time basis. However, this presumption can be proved invalid on a case-by-case basis.
o The minimum imputed income of a parent is the Florida minimum wage (currently $7.25). For any parent that does not reside in the state of Florida, the state’s minimum wage where that parent resides will be used. If a state minimum wage cannot be applied the federal minimum wage will apply (currently $7.25).

• Child Support Guidelines Formula Income Calculation
o The income calculation formula is a formula that calculates the net income of the parents, determines a minimum child support need, and splits that need by the shared parenting plan. This formula determines the amount of child support that is owed by on parent to the other.

An attorney should be contacted if you feel your obligations have been or should be changed as a result of this bill. To read more on this topic see House Bill 907.

As a Florida divorce attorney, I find that many of my clients are unaware of the different types of child custody that can be considered as part of a Florida divorce settlement.

In a Florida divorce action that involves minor children, there are four different kinds of child custody to be considered:

Legal Custody – Legal custody means you have both the right and the obligation to make important decisions about your child. This includes education, religion and medical care. In many cases, both parents are awarded legal custody of minor children and share the decision-making responsibility. If joint legal custody is awarded and one parent continually excludes the other from decisions about the child, that parent can be taken back to court for enforcement of the joint legal custody order.

Physical Custody – Physical custody means that one parent is given the right for the child to live with him or her. In some cases, joint physical custody is awarded – usually when both parents live near each other and the child’s life will not be unduly interrupted. In sole physical custody cases, the child lives with one parent and the other parent is granted visitation rights.

Sole Custody – A parent can have either sole legal custody or sole physical custody, or both if one parent has a history of unstable behavior such as physical or substance abuse, or criminal behavior. The courts usually prefer that parents share legal custody so both continue to play a significant role in the lives of their children.

Joint Custody – Parents can have joint legal custody, joint physical custody or both joint legal and physical custody. Parents who share joint custody usually work out a schedule based on the child’s needs, which is approved by the court. The advantage of joint custody is that it keeps both parents involved in the child’s life. Disadvantages can occur when one parent is uncooperative or harbors significant ill will toward the other, which can result in serious negative effects on the children.

Florida divorces do not mean alimony payments. Myths can be cruel to the outside world that is interested in pursuing a divorce. In Florida, there is no such thing as alimony being a certain. Myths such as the following list are created as scare tactics and used to create fear, fear would be having to pay alimony no matter what, fear would also be that you are not entitled to alimony, which is also dependent on Florida divorce law.

1. Is counseling needed before you can get divorced.
2. It matters if I or my spouse had an affair.
3. Alimony is involved in every case.

Today's topic of alimony is one that can be multiple sets of blogs, and in fact are on this site in a multitude of areas. It is a large topic because in Florida alimony is controlled by many factors: length of the marriage, contribution to the marriage, status quo of the marriage, education of the parties, and many other small details. Also, there is are different forms of alimony: permanent, lump sum, rehabilitative and bridge the gap.

If you and your spouse have two incomes, equal education and the ability to earn relatively the same income, chances are you will not be receiving nor paying alimony.

If you have been married for 17 years and one spouse has been a homemaker, given up his/her education for the benefit of the other, provided the household support instead of the income, then permanent alimony will most likely be rewarded. Permanent alimony is designed to help keep the spouses in the same lifestyle to which they have grown accustomed, but factors in the sacrifices of both parties. It is difficult to expect a spouse to enter the workforce after 17 plus years of supporting the family or other spouse by being the homemaker. The one sacrificing to stay home should not be punished for the marriage breaking.

If you have been married for less than two years, most likely your divorce will not have an alimony component. Length of the marriage holds a great weight in determining alimony. A short-term marriage, which is technically defined as anything under 10 years, does not often hold alimony. The only form that may come into play in a two year marriage is "bridge-the-gap", which is designed to help a spouse move from married to single life. This is for a set time period, often 6 months to a year.

If you have been married for 10 years, one spouse gave up entry into medical school to support the other's education and now the educated spouse is working and the sacrificing one has been earning lower income or taking care of the home, most likely rehabilitative alimony will be an issue. Rehabilitative alimony is designed to assist in educating or training a spouse so that he/she can reenter the workforce and have a chance to be self supporting.

There are obviously different scenarios for all couples and this is not a blueprint for everything related to alimony. However, it is a basic outline for what to expect in different categories of marriage. If you are thinking about a divorce know the facts not just the myths. It is always a good idea to speak with an attorney trained in family law matters so that you go into the situation armed with knowledge not fear.

Affairs during the marriage matter in a Florida divorce, another common myth tackled by a Jacksonville divorce lawyer. Yesterday, the counseling myth in divorces was discussed. Today, the myth that the affair will bring justice to the innocent spouse will be tackled. This week we will be focusing on the following myths and discuss the truth behind the myths:

1. Is counseling needed before you can get divorced.
2. It matters if I or my spouse had an affair.
3. Alimony is involved in every case.

Florida is a no-fault divorce state, which means that the reason for your divorce is not going to make or break any factor in your divorce. If you or your spouse has cheated during the marriage it is typically only an issue of emotions involved, not an actual legal factor in the divorce proceeding. This is due to the legislation enacting a "no fault" divorce law. The only time the issue of Why" will be brought to the court's attention is when you are asked, "Explain to the court why you are asking this court for a divorce?" and all you must answer is "irreconsilable differences."

On a Florida divorce there is a division of assets and debts which are supposed to be equitably divided (50/50). However, if it can be proven that a party used marital funds in furtherance of an extramarital relationship, then the division can be in favor of the innocent party (40/60) or more. In order to get this, it must be shown what types of funds were used and they were actually used to further the affair. In some cases, if a number can be determined, then the innocent party can ask for equitable distribution of the total of the amount used in that relationship. An example would be if it can be proven that $100 was used on the affair, then the innocent spouse would be entitled to $50 of those moneys used, even if they have already been taken from the marital account.

The reason there is an unequitable distribution of assets is so that the innocent spouse is made financially whole since the marital funds were depleted without consent. The idea is to put the innocent spouse in the same position, financially, as would have existed had the other spouse not cheated.

Florida divorce myths and realities can be difficult to separate when emotions are involved. This week on this blog we will be looking into them and what the truth is behind the myth. The myths we most commonly hear as divorce lawyers are the following:

1. Divorce counseling is needed before you can get divorced.
2. It matters if I or my spouse had an affair.
3. Alimony is involved in every case.

The reality is that counseling will be asked of you at the final hearing for your divorce. Typically the Judge will ask, "Have you and your spouse gone through any type of counseling?", if not, then the next question is, "If I ordered counseling do you feel it would change the status of your marriage?" If the answer is, "no," then the Judge does not order marriage counseling. If the answer is, "yes," then welcome to the world of counseling to see if your marriage can be reconciled. This, however, does not dismiss your divorce claim and it does not take you back to step one. It simply puts the case on hold for the length of counseling to determine if reconciliation is possible.

The reason that people often think that it is a requirement in Florida is due to two possible reasons, the first being the question being asked and the second is knowing someone that has opted for counseling that cannot pursue their divorce until counseling has been attempted. It is important to remember that people often talk about what they have been through, but their perception is different due to the emotional charge of the situation. If you are seeking a divorce, be certain to ask an attorney all of your questions and concerns because stopping the fear is essential to moving forward in the right frame of mind.

In a Florida divorce, only marital assets can be divided. Nonmarital assets remain the property of the individual that brought them into the marriage. If you are the beneficiary of funds from a personal injury claim that you had, then the money you get from the claim is yours, unless it has been co-mingled in a marital fund.

Personal injury claims are brought by an individual for individual injuries suffered. A spouse has a right to a claim against the same "at fault" party for what is a consortium claim, meaning the spouse is without the full benefit of his/her spouse as s/he was prior to the injuries. However, this too is an individual claim brought by the spouse.

In Florida divorces, nonmarital assets are those collected as an individual, from an inheritance or claim from outside source (personal injury). The only way the inheritance or the money from your personal injury claim are considered marital is if the money you received was placed into a joint account and/or used in the advancement of the marriage (house repairs, paying off joint debt, etc.).

If you have a pending lawsuit or injury claim at the time you are getting a divorce, it is is important to know that the money from that claim cannot be claimed by the opposing spouse. If the spouse is waiting for you to collect the money before filing for divorce, then place all of the money into a separate account so you can protect your assets.

The same is true if you have an inheritance coming to you. If you believe your spouse is waiting on your rich relative to pass away, then do not worry, the asset you inherit, unless it is in both of your names, is yours and yours alone. Again, be certain to keep it away from martial use if it is money. Items are a little easier to prove as inheritance because they may be used for decoration in the marital home, but that does not change their status as an inheritance.

If you have questions regarding any of this, it is advisable to speak with not only a family law attorney, but a personal injury attorney and/or a wills and estate planning attorney. If you are interested in divorce, know your rights.

Divorce in Florida, especially alimony, could be changed with a flick of a pen by Governor Crist. Alimony is being changed through House Bill 907, which has already passed the House and Senate.

Florida's alimony laws have been under scrutiny for some time because Florida does not have a calculation for amount of payments or length of payments. While a calculation is still not in sight, at least one large and important change is, length of alimony for those in a "grey area." If any of you have ever contacted an attorney about your need for a divorce, then most likely the conversation of alimony has come up.

In Florida, alimony is determined by a number of factors, one of which is the length of a marriage. Short-term alimony can be assessed for marriages less than 10 years and permanent alimony is often awarded when the marriage is 15 years or more. So, what has happened is a "grey area" has come into existence for couples who have been married 10 - 15 years.

Florida House Bill 907 has language that provides for a change in the law so that courts can actually determine the number of years to award alimony for those falling within short-term marriage and the grey area marriage. This will assist both sides because it will relieve some of the stresses of either needing money or paying money. At least now, there will be a definitive timeframe for such payments.

If divorce is on the forefront in your life, meeting with an attorney is crucial when laws are changing. Make sure you know your rights and what to expect in the divorce process.

Florida alimony is due for a facelift and this year's legislation has decided to do the work. Currently, Florida House Bill 907 is sitting on Governor Crist's desk for a signature. What does this mean for those who may receive or pay alimony?
Well the main change will be that "Bridge-the-Gap" alimony, which historically is designed for a determinable (by the Court) period of time to provide for support from married to single life. Now, the time-frame will be defined with a stroke of Governor Crist's pen.
According to the intent of Florida HB 907, "Bridge-the-Gap" alimony will no longer be dependent on issues surrounding the divorce, but simply a two (2) year time frame. This type of support will be available for no more than two (2) years. While some who are recipients of this type of alimony may be cringing as they read, the reality is that this may not be a bad thing for either party. The reason is, if you become too reliant on money that is only there for a short period of time, previously 1 - 5 years, then it will make the inevitable transition that much more difficult. Knowing that you only have, no matter what, 2 years to rehabilitate yourself from married to single life, actually gives you a timeframe to see where you're going and when you need to get there.
The pie in the sky can be a bitter sweet transition in the family law world. However, what about the reality that some individuals may need more education? Well, rehabilitative alimony is getting a few nips and tucks, but it is still going to be an option.
The difference between "Bridge-the-Gap" and "Rehabilitative" is that the first is designed to smooth the transition so that you have additional income to help support your bills until you can get them reduced. The latter, rehabilitative, is designed for the individuals that need just that, rehabilitation into the working world. For some couples, one may not have finished college because s/he was supporting his/her spouse and now to get back into the working world s/he needs to finish school. This may be a two year process or a five year plan, it is dependent on the need and history of the marriage (length, standard of living, educational history, etc.).
Due to possible changes in the Florida law, it is vital that you find out your options from someone qualified to inform you of them. Contact an attorney about when these changes, if signed, will take affect and how they may affect you.

Florida child support is not designed to hurt your bank account. In Florida, child support guidelines use the incomes of the parties with a few credits given: childcare costs (who is paying?) and health insurance (who is paying?).
First, the income of the parties and their percentage to the overall household is how guideline support is determined. For instance, if you W makes $50,000 per year and H makes $50,000 per year, then the combined income is $100,000 per year and each is contributing 50%. So, if the child support calculation is $1000.00, then the parent without the majority of time with the child will pay $500.00.
The cost of child care is factored in, and the person paying gets a 75% credit of the money paid. Therefore, if childcare is $100 per month paid by W, W will get a credit of $75.00. The same is true with insurance payments.
Child support is based on the monthly income of the parties since child support will be paid monthly. Payments can be made on the payroll cycle of the responsible party.
Child support is NOT designed to put money in the other party's pocket. It is actually calculated to provide for a portion of the child's expenses, including but not limited to: a roof, utilities, food, gas in a vehicle to get the child to/from school, clothing, school supplies, shampoo/conditioner and toothpaste. It is everything the child needs and would have if the child's parents were still living in the same home. The child's well-being should not be and is not dependent on a on one-income household simply because the child's parents are no longer together.
If you have questions about child support, establishing or modifying what is owed, you should contact an attorney for a true calculation to be completed on your behalf.

Florida children that are the product of divorce are now a familiar with
visitation planning. Florida timesharing plans came into law in 2008 and
were introduced to help ease the need for a custodial parent to be
determined. It was also developed to keep the children's interest in
the forefront of the divorce or child custody action. The question is, in a world not capable of consistent time management, how are the children really impacted by
this plan change?
In 2010, in Florida and throughout the US we, as a society make work more important than our kids and our health. Time
management becomes important when exercising timesharing with your
children. Calendaring your days, your child's activities and family
gatherings/vacations. To make the judicial system work for you, manage
your time with your kids as if they are the next customer to contract
with you. You would not blow off a meeting with an investor so don't
do it to your kids.
If you see that there is a constant issue with your timesharing plan,
then modify it. If there is a substantial change in circumsance,
modifications of your final order are allowed. Do not become a victim
or allow your child to become a victims if a poorly executed
timesharing agreement, contact an attorney regarding your options.

Florida paternity is established by marriage or the Court, not by signing a Birth Certificate. A Birth Certificate does nothing more than give the presumption that you are, in fact, the father of your child. If you are not married to the mother ( at least 10% of couples living together are not married), then the Court does not recognize you as the baby's daddy.
To establish your rights to the child, it is important that you speak with an attorney so that your child does not grow-up without you. What you need to ask your attorney:
1. How do I file a Petition to Establish Paternity?
2. Do I need to take a Paternity test?
-- This is dependent upon whether the parties agree with each other, if there is reason to believe you are not the father, or if another man is listed as the father on the birth certificate.
3. How is Florida child support determined?
4. How is visitation determined?
-- Florida now has a timesharing plan that needs to be filed with the Court. This can be visitation that ranges from every-other-weekend to 50% of the time, if not more.
5. Is there a way to do this with the Mother agreeing?
-- If you and the mother can work an agreement on a number of the issues, it still needs to be formalized with the court. However, you can file a consent agreement, meaning you both agree to the above issues regarding your child.

Florida has not recognized Common Law Marriage since 1968. In 1960, only 460,000 couples identified themselves as living together without marriage, according to CBS News. In 2007, USA Today reported that 6.4 million people were living as a couple out of wedlock.
In Florida, if you are living with your significant other and share a house payment, vehicles and debt, then there are options for you. The best thing to do is speak with a lawyer about protecting yourself from what could be a disaster if things do not end-up happily ever after.
If you previously lived in a state that recognizes Common Law Marriage, of which there are only 11, then Florida still recognizes your status as "married." However, for those of you entering into a "moving in together" portion of your relationship, be certain to speak with someone about protecting yourself and your partner from future disaster. None of us want to think the worse of our partners, but at least if a marriage does not work you have the law to protect you from all debt falling on you. Until the State of Florida decides this is a growing matter that needs to be addressed, options are the key to your future success and your present comfort.

Filing for divorce, child support or timesharing modifications in Florida require that you be a resident of the state. Residency is determined based on Florida Statute 61.021, which requires that an individual be a resident of Florida for at least six (6) months prior to filing an action within the State Court.
Residency can be determined by a number of factors, the most common of which is your drivers license. If you have moved to Florida, make certain to get your new drivers license immediately, so that you can prove your residency when the time comes.
Another way to prove residency is by providing a lease agreement, utility bills, or by having an affidavit signed by a neutral third party that can verify you have lived in the State for the required period of time.
There are emergency situations that can provide access to the Court without meeting the residency requirements, but meeting those requirements can be challenging.
If you have just moved to the State and are in need of any family law services (divorce, child support modification, etc.), upon consulting with an attorney be certain to let him know when you moved to the State. That way you are getting the most accurate information at the beginning.

In accordance with Florida Statute 61.183,the Courts have the ability to send contested matters, such as equitable distribution, timesharing, etc. to mediation. Mediation is a place where both parties can work at reaching a settlement agreement. The parties and their attorneys present to a mediator (a neutral third party) that assists both sides in finding common ground and determining whether the contested issues can be resolved without the need for trial.
This process is helpful to the parties involved because it allows them to have a little more control over the outcome of their case than if they were to present their sides in trial and the Judge ultimately makes the final decision. Mediation is a great way for parties to also work through some matters that the Court is not required to hear (setting up college tuition for the children).
Another benefit to the mediation process is that the parties ultimately understand that the other is giving something up to help reach an agreement. This can be good for ongoing relationship building, especially when the parties have children together.
While this is generally a tactic used by the courts to limit the excessive trials they have, it is a tool that can also be utilized and agreed upon by the parties without the Court first ordering it.

The question of alimony has no easy answer. In Florida, alimony depends on a number of factors. In a Florida divorce the court may grant alimony that is rehabilitative or permanent in nature. Alimony payments may be in the form of lump sum, periodic payments, or a combination of both. The adultery of either spouse in a divorce may be considered if marital assets were dissipated in furtherance of that realtionship.

Some of the factors to be considered by the court in awarding alimony are:

1) The standard of living established during the marriage;

2) Length of the marriage;

3) Age, mental, and physical condition of the parties;

4) The parties' financial resources as well as the assets and debts that each has acquired;

5) If the spouse is able to gain education or training to find a job and the amount of time it will take to get back on their feet;

6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

7) All sources of income available to either party.

Unlike child support, alimony is not automatically awarded. The factors listed above will be considered by the court before awarding alimony to either spouse. In the current economic climate, the ability of either spouse to pay the other alimony is one of the biggest contested issues in a modern day divorce.

Many couples barely have the ability to pay each other child support, let alone alimony, after they equitably distribute their assets and debts. It is often the case that no alimony will be awarded in Florida because of the significant amount of debt acquired by the parties during the marriage. It takes an experienced Florida Family Law Attorney to evaluate your case and help you determine if you will be able to get alimony. If you have questions about a Florida Divorce, call a Florida Family Law Attorney.

World famous broadcaster and renowned interviewer Larry King and his wife Shawn Southwick each filed for divorce on Wednesday, April 14. The couple has been married for over 10 years and have two young children. Larry King, 75, has been married 8 times to seven different women. He married one of his ex-wives a second time.

The couple has reportedly had ongoing problems in their marriage including an allegation that King had an affair with Shawn's sister Shannon Engemann, although King and Engemann both deny the affair. King has told the press that he did not sign a prenuptial agreement with Southwick. King is reportedly worth over $100 million. In California married couples split earnings acquired during the marriage.

In Florida, the equitable distribution of marital property is one of the most litigated aspects of divorce. There are a number of laws you need to know about if you are getting divorced in Florida. A Florida Family Law Attorney can help you preserve your rights and protect your property. Navigating the Florida Family law statute by yourself can be a dangerous proposition. Final divorce judgments can have adverse, long-lasting consequences. If you have questions about a divorce contact a Florida Family Law Attorney.

The National Center for Missing and Exploited Children reports that three hundred and fifty thousand children are abducted by a family member each year. The abductions are usually committed by a non-custodial parent who is unhappy with the child custody arrangement mandated by the court.

Representative Darryl Rouson, a Democrat from St. Petersburg, Florida, recently introduced a bill to the Florida House that would help protect Florida’s children from parental abductions. House Bill 787, also called the “Child Abduction Prevention Act” gives judges more discretion to fight familial child abductions.

The act identified risk factors that the courts may consider in a child custody case, to determine if a child is at an increased risk of abduction by the non-custodial parent or other family member. If the judge determines that there is a real risk of domestic or international abduction, he or she may put in place preventative measures that will help keep the child safe. These can include requiring the non-custodial parent to seek written permission to travel with the child across state lines, or to post a bond when travelling out of the country with the child.

Representative Rousson says that if the bill becomes law, Florida can expect to see a reduction in abductions, as well as the court and law enforcement resources required to deal with them.

Read more details of the proposed bill to protect children from parental abduction at Representative Rouson files The Child Abduction Prevention Act.

If you are involved in a divorce or child custody negotiation, please contact our Jacksonville, Florida divorce law firm.

If one person does not agree to the relocation, the parent must file a Petition to Relocate Minor Children with the court. The petition must be served on any parties who are entitled to partial custody or visitation with the child. The petition must include the proposed new location, the date of the requested relocation and give detailed reasons for the request along with any evidence of the cause of the relocation, such as a new job offer. It must also include a proposed visitation schedule, including proposed travel arrangements.

The other parties served with the petition have twenty days to object to the court in writing. If they fail to do so the court will allow the relocation, as long as it is in the best interest of the child. If you would like to relocate and are subject to a child custody agreement, it is best to consult a qualified attorney who can help make sure all of your paperwork is in order and that you are in compliance with the law.

Read more details of the Florida law governing relocation of minor children after divorce at Florida Laws Regarding Relocation After Divorce.

If you are involved in a divorce or child custody negotiation, please contact our Jacksonville, Florida divorce law firm.

In Florida, the official term for divorce is “dissolution of marriage.” Many states, Florida among them, have done away with fault as grounds for divorce. This was done to lessen the potential harm to the family that might be caused by the divorce process. Fault may however be considered for determination of alimony, equitable distribution of assets, or determination of a parenting plan.

Either partner may file for the divorce. It must only be proven that a marriage existed, that one of the spouses has been a resident of Florida for at least six months immediately preceding the filing, and that the marriage is irretrievably broken.

In addition to the irretrievably broken ground for divorce, there is also a seldom-used incompetency ground; the competent spouse must prove that the other spouse has been incompetent for at least three years before the filing for this ground to be used.

The actual divorce process is an emotionally trying time for the parties involved. Floridians often do not know their rights and responsibilities in a divorce. While court clerks and judges can answer some questions, they are prohibited by law from giving legal advice.

A Florida family law attorney can answer your legal questions and advise you on your rights, your children’s rights, your property rights, your responsibilities and even your tax liabilities during a divorce.

Before filing for a dissolution of marriage, it is prudent to make sure that you have tried as hard as you can to save your marriage. Professional marriage counselors can help you and your spouse work out your difficulties and make your marriage stronger than ever. Many Florida communities and religious organizations offer free or inexpensive counseling services to help save your marriage. Your lawyer can also recommend a qualified professional in your area. Find out more about this topic at Divorce In Florida.

If you are involved in a divorce or child custody negotiation, please contact our Jacksonville, Florida divorce law firm.

When divorced Florida parents are forced to deal with child custody issues, tempers can run high – especially if the divorce was not amicable and the parents disagree with the approved parenting plan. Now those parents will have a way to better handle disagreements and build better relationships with their children. A help line has been set up for Lauderdale County, Florida parents that can help them get through child custody issues with less anger and frustration. This is important because fights between divorced parents can cause lasting emotional scars on their children.

The help line, which falls under the umbrella of Families First, offers parents a third party to help them manage and solve parenting disputes. When a call comes in, volunteers talk with both of the parents to help them diffuse angry feelings and come to a suitable compromise.

The line is staffed by twenty one volunteers, who are required to complete a six week training course before answering the phones. The Lauderdale center fields around fifty calls per month. The help line has been so successful in Lauderdale County that a task force has been created to investigate establishing call centers in other areas in Florida, including the Jacksonville, Florida area.

Read more about the co-parenting help line at Help line lessens tensions.

If you are involved in a divorce or child custody negotiation, please contact our law firm for legal counsel.

When an infant relative of Vanessa Alenier was seized by child welfare workers, Ms. Alenier took the child into her home. However, when she asked Florida for permission to adopt the boy, a question on the adoption forms gave her pause. It asked if she was gay. Not wanting to begin her parental journey with a lie, she reported to the state that she is indeed gay, even though she knew that Florida has a thirty three year old law banning gays from adopting.

Even as a Miami appeals court was seeking to determine the constitutionality of the ban, Miami-Dade Circuit Judge Maria Sampedro-Iglesia approved the adoption – the third such adoption by a gay couple to be approved in Florida in the last year and a half.

Sampedro-Iglesia wrote in her order that, "there is no rational connection between sexual orientation and what is or is not in the best interest of a child. The child is happy and thriving with [Alenier]. The only way to give this child permanency . . . is to allow him to be adopted [by her].” She also declared in her ruling that she believed the law to be unconstitutional.

The Florida Department of Children and Families administrators objected to the adoption, but have not yet decided whether or not they will appeal the judge’s decision.

Find out more about the state of gay adoption in Florida at 3d strike against gay adoption ban in Fla.

If you are considering adoption, please contact our Jacksonville, Florida area law firm for legal counsel.

Linda and David Pfeiffer of New London, Connecticut already had an adopted son, Darius, and they were not looking to have another child. But when a family friend from Jacksonville, Florida became pregnant and did not believe she was able to care for the child herself, she asked if the Pfeiffers would raise her child. Linda and David agreed, and they adopted Reylani soon after she was born. As part of the process, they flew to Florida and met with an attorney and had the birth parents sign a termination of parental rights.

It was only two weeks later that Linda Pfeiffer received a text message from the child’s birth mother, saying that Reylani’s biological father might actually be a different man. That man filed a paternity suit in Jacksonville Circuit Court and had his paternity confirmed with a DNA test. According to Florida law, a father must assert his paternity by filing the Florida Putative Father Registry Claim of Paternity claim before the child is born. Normally, this man would have no case. However, the child’s biological father is in the Navy, and he is arguing that he should retain his rights under the Servicemembers Civil Relief Act, which allows service members certain legal protections when they are on active duty. According to the Pfeiffers, the biological father knew that the mother was pregnant and was not at sea during the pregnancy, meaning he had ample opportunity to file for paternity during the legal window. The birth mother and biological father have since married.

In March a judge awarded custody to the biological parents, and the Pfeiffers were required to hand her over to them. The couple has since turned the Pfeiffers away when they flew to Florida in hopes of seeing Reylani. The Pfeiffers have filed an appeal to a panel of three judges, and are awaiting final word on their case. If you have questions regarding your rights as a biological parent or an adoptive parent in Florida you should contact a Florida Family Law Attorney.

You can read more about this tug of war over a Florida infant at Legal twist wrenching family apart.

If you are considering adoption, you will need the help of an experienced family law attorney. Please contact our firm for expert legal counsel.

Many people feel that asking for a prenuptial agreement is the end of romance. Others believe that prenuptial agreements are only for the rich. Neither of these statements is true. Prenuptial agreements are appropriate in a number of situations and should be seriously considered before entering into a marriage, which is a legal partnership. A prenuptial agreement is a signed contract that spells out exactly how a couple will handle different aspects of their marriage to include finances, real and personal property, alimony, and several other concerns that often arise throughout the marriage and possibly in a divorce. While this may not seem very romantic, it can be an empowering and positive experience. Probably for these reasons, more and more “average” couples are signing these agreements lately.

Some of the benefits of a “prenup” include facing financial details and discussing them openly, preserving inheritance or the financial well-being of children from a previous marriage, protecting business assets, spelling out financial expectations, and reducing battles over finances in the case of divorce. Of course, there are drawbacks as well; agreements can be set aside if they are found to be fraudulent, unfair or signed under duress. They can be perceived as not being romantic and can imply a lack of trust between partners.

If you are considering a prenuptial agreement, remember a few key points:
- Don’t wait until the last minute. Springing an agreement on someone days before the wedding is not a good idea.
- Don’t hide your feelings or your assets.
- Each person should hire his or her own attorney.

Call a Jacksonville Family Law Attorney to help you understand your options with marital agreements.

Find out more about this topic at Prenuptial Marriage Agreements.

Please contact our law firm for help drafting your prenuptial agreement.

In the wake of nearly a dozen women claiming to have engaged in extra-marital affairs with golfer Tiger Woods, his wife, Elin Nordegren Woods has reportedly moved out of the couple’s mansion and moved back to Sweden, her home country. The couple does have a prenuptial agreement, but the contents of the agreements are not open to the public. The Woods’ prenuptial agreement is a premarital contract, and theirs will be governed by the Uniform Premarital Agreement Act of section 61.079 of the Florida Statutes. Their prenuptial agreement likely spells out how much alimony Ms. Woods is entitled to receive, if any, the distribution of property and other assets, and any other miscellaneous arrangements that were contemplated by the parties at the time they made the agreement . The right of a child to support may not be adversely affected by a premarital agreement. Premarital agreements, like other contracts, usually hold up in court as long as they are legally executed and do not contain unconscionable clauses. To create a premarital agreement that is legally sufficient to protect your interests you should seek the assistance and expertise of a licensed Florida Family Law attorney.

As for the children, Sam and Charlie, Florida has no presumption of marital custody, meaning that the father and the mother have an equal chance of gaining time-sharing depending on what is in the child’s best interest. Florida rules governing child custody changed substantially in 2008. The terms custody, custodial parent, non-custodial parent, visitation, primary residential parent, and secondary resident parent were eliminated from the statute. The disposition of children after a marriage is now determined by parenting plans and time-sharing schedules. These arrangements are governed by Florida Statutes chapter 61.

In light of the alleged extramarital indiscretions by Tiger Woods it is likely that Ms. Woods may have strong arguments for her to be the parent with more timesharing with the children and be entitled to receive substantial child support. In order for her to be able to move the children to Sweden with her she will have to petition the court and show why it is in the childrens' best interests. Tiger would be entitled to object to moving the children so far from the marital home. Find out more details about the prenuptial agreement at

Tiger Woods gives us pause to contemplate prenups and child custody.

If you would like to draft a prenuptial agreement or are considering divorce, please contact our firm for expert family law legal counsel.

Amy and Scott Kehoe were unable to have children of their own. So they went to great lengths to hand pick an egg donor, sperm donor, and surrogate for their future child. They then hired a Michigan IVF clinic to carry out the procedure. The couple paid for everything out of pocket. But a month after the surrogate gave birth to twins, Ethan and Bridget, the Kehoes were forced to turn the children back over to the surrogate mother, Laschell Baker, who changed her mind about turning over custody of the children when she found out that Ms. Kehoe was under treatment for a mental illness. Ms. Baker, who already has four children of her own with her husband Paul, said she couldn’t live the rest of her life worrying whether Ms. Kehoe’s illness would remain under control.

Surrogacy is largely unregulated, and is controlled mostly by fertility doctors. In some states, the parents must legally adopt the surrogate child, but it creates an interesting legal conundrum, as the parents must first create the baby, which is not genetically related to them, and then ask the courts to grant them custody after the child is born. In other states, the parents are allowed to place their own names on the birth certificate without any screening, if they obtain a pre-birth order allowing it.

If a dispute arises, the outcome varies widely from state to state. In Michigan, the state holds that surrogacy is contrary to public policy and that surrogacy contracts are not enforceable, which is how Ms. Baker so easily had the Kehoe’s guardianship rescinded. Find out more about this child custody case and others like it at Building a Baby, With Few Ground Rules.

The state of Florida regulates surrogacy, with different regulations depending on if the surrogacy is traditional or gestational. If you are considering having a child through surrogacy in Florida, you will need the services of an expert family law attorney. Please contact our firm for expert legal assistance.

Single Florida parents who have custody of their child or children and serve in the military face unique challenges when it comes time to deploy overseas. Sometimes doing your military duty can mean losing custody of your children. An organization exists called Father and Families which has worked hard to pass legislation in dozens of states that could protect military parents’ custody rights.

As an example, US Army Lieutenant Colonel Vanessa Benson temporarily turned over custody of her son to her ex-husband while she was on active duty in Afghanistan. She returned home to an email from her ex-husband stating that he was not going to return her son, as agreed. Benson spent $12,000 in legal bills to get her son back.

In Florida, HB 435 is a law that helps military parents like Ms. Benson, regain custody of their children. The law states that if a temporary child custody order is made as a result of a parent being deployed, the previous custody orders in effect before the deployment must be reinstated on the parent’s return.

Many military parents in Florida, including the Jacksonville area, have had to serve in war zones overseas only to return home to a fight to enforce the judgments that they worked so hard to attain in the first place. Single military members who have custody of their children should not try to navigate the murky legal waters of the Florida family law system without the help of an experienced family law attorney. If you are a military member involved in a custody battle, you will need an expert family law attorney on your side. Please contact our firm for a consultation.

Read more about the struggles of military parents to keep custody of their children after deployment at Law Fathers & Families Helped Create Leads to Victory for High-Profile Military Parent.

Florida law recognizes several types of alimony. Which type or types of alimony are awarded depends on the individual characteristics of the marriage. Some factors a judge may consider are adultery, the length of the marriage, and the employment prospects of both partners. In Florida, the alimony payments must be decided on before the court awards child support.

Temporary alimony: This type of alimony is awarded to maintain a person’s lifestyle while the divorce case is pending. As an example, a husband who worked and paid the household bills while his wife stayed home to raise the kids could be required to continue paying the bills until the divorce agreement is finalized.

Bridge-the-gap alimony: This type of alimony is designed to help one of the parties get back on their feet and start supporting themselves after the divorce. It is generally awarded for a period of two years.

Permanent periodic alimony: This is awarded if one of the parties requires indefinite support, and is generally awarded for longer marriages. The support usually lasts until the death of one of the parties or until the person receiving the support remarries or is living with someone who contributes financially to the relationship.

Rehabilitative alimony: This is requested if one of the spouses needs time to acquire new job skills or education. This type of alimony requires a specific plan.

Lump sum alimony: This is one large payment, which may be money, the marital home or other martial assets. The court will usually award this type of alimony if there is extreme hostility between the divorcing parties or if one of the parties is terminally ill.

Read the entire article at Florida Family Law: Alimony/Spousal Support.

If you have any questions about the type of alimony you may be entitled to in a divorce, please contact our firm for expert divorce law counsel.

In Florida, parents of children are required to comply with Section 61.13001, Florida Statutes when dealing with a parental relocation with a child. The Florida legislature and Courts recognize that a relocation of a child can be quite traumatic and life changing for both the parent and the child. It is important for parents to comply with the terms of this statute whether the relocation is agreed upon or contested. Parents should always consider the best interest of the child in making decisions including but not limited to relocation. You can read about the details of this statute at the Official Site for Florida Statutes - Section 61.13001, Florida Statutes. Reading this statute and complying with its terms can be quite confusing and stressful for many parents. As such, it is advisable to retain the services of a Jacksonville, Florida Child Custody Attorney in order to make sure that the statute is being complied with and that the best interests of the child are being met.

Tiger Woods has cancelled at least three scheduled meetings with the Florida Highway Patrol to discuss the car accident he was involved in early Friday morning, the day after Thanksgiving. He is not required by Florida law to talk to police about a traffic accident under investigation. But he has spoken to reporters in an attempt to dispel rumors that the accident happened in the middle of a domestic dispute with his wife, Elin Nordegren.

According to a prominent Hollywood news website, TMZ, the fight was sparked by Woods’ alleged affair with another woman, Rachel Uchitel, who has denied the relationship. Woods and Ms. Nordegren started fighting after the National Enquirer printed a story about his alleged affair with Ms. Uchitel. He reportedly told a friend that Ms. Nordegren attacked him during the argument, scratching his face and chasing him out of the house and down the driveway with a golf club.

Some have speculated that he is putting off meeting with police to allow the scratches on his face to heal so that his wife will not be arrested for domestic violence. Florida law does allow police to intervene in a spousal abuse case against the wishes of the parties involved.

But in his public statement, Woods stated that “the only person responsible for the accident is me.” The official police report reveals that alcohol was not a factor in the accident, and states that Ms. Nordegren broke the back window of the car with a golf club in order to free Woods from the car.

Ms. Uchitel responded to the rumors of an affair by saying that “despite it being completely untrue, it still must have certainly caused some problems at home.” You can read more about the accident and what allegedly led up to it at Tiger Woods Talks of Mystery Crash for The First Time.

A suspected affair can often spark an argument that leads to divorce. If your marriage is in trouble, please contact our firm for expert, compassionate legal counsel.

Fransisco Rodriguez is married with three children of his own. According to the state of Florida, he is also legally the father of the fifteen year old daughter of an ex-girlfriend, even though DNA tests and the girl’s own mother have confirmed that Rodriguez is not her biological father. He reportedly owes more than $10,000 in back child support, and he has already spent a night in jail because of it. The girl’s mother has written to the state asking them to not require Rodriguez to pay the child support.

Rodriguez is legally on the hook for the child support payments because the mother named him on the birth certificate and he claims he didn’t receive notification until about 4 years ago – after the deadline to contest paternity had passed. By that time a Florida court had already legally named him as the father three years earlier when he failed to appear in court. Rodriguez says he never received the notices because he changed addresses quite a few times. In light of the new information, the court has ordered its own DNA test, which Rodriguez has taken. The girl and her mother did not appear as ordered for the DNA test.

In the case of paternity, lawmakers and the courts struggle to strike a balance between the rights of all parties involved. Some groups even go so far as to suggest that DNA tests at birth should be mandatory in order to avoid later legal battles. If you are involved in a child custody or paternity issue, please contact our firm for expert legal counsel.

Find out more about paternity laws in Florida and around the country at Florida man owes $10,000 for child who's not his.

Samad Nesser has tried every legal avenue to prevent his eleven year old son from being taken to France to stay with his mother and her new husband. According to Nesser, his ex-wife has allowed his son to be abused by the new husband, and suffers from sleeplessness and chest pains whenever he returns home from staying with them. Nesser is an American citizen, but his wife is not. The husband, a French citizen, used to live in Palm Beach, Florida, where he was the subject of a restraining order after allegedly breaking into his girlfriend’s home and hitting and pushing her and her elderly mother to the floor. Nesser claims that this same man locked his son in an attic and threatened to kill him.

Judge Daniel Merrit Jr. has refused to grant requests for a guardian ad litem for Nesser’s son. A guardian ad litem would spend time with the child to determine what that child wants and what is in his best interest. Merrit has also refused to let the child testify in court, and the records of the child’s counseling sessions have not been admitted due to what Nesser claims are stalling tactics on the part of his ex-wife’s attorney. At present, there is no way for Nesser to stop his ex-wife from taking their child back to France with her.

According to Florida law, when two parents have a child in Florida, they maintain their rights no matter where they might move later on. Those rights are recognized regardless of citizenship. If you are involved in a child custody battle, please contact our firm for legal assistance.

You can read more about Samad Nesser and his battle to protect his son at Concerned father: Don't let my son go.

Victoria Anderson, now aged 9, has lived with her paternal great grandmother, Marilyn Anderson, in Dayton, Ohio since she was an infant. She has gotten “parenting time” during those years with both her mother and father. Ms. Anderson objected to Ms. Hill smoking around the child during her visits, and the Warren County court ordered all parties to protect the child from second hand smoke. The Ohio 12th district court of appeals has upheld the ruling, using judicial notice to conclude that second-hand smoke is dangerous to children. Taking judicial notice was unusual in this case, because neither of the parties presented proof in court, rather the court recognized an "avalanche of authoritative scientific studies" that show second-hand smoke poses a health danger to children. This decision could now apply to many Ohio children involved in child-custody or visitation cases.

Cases like this pit a parent’s right to smoke against a child’s right to breathe fresh air. But courts have typically decided these types of cases in the best interest of the child, rather than focusing on who has the right to do what. According to non-smokers’ rights group, Action on Smoking and Health, eighteen states have ruled that smoking near a child is a factor that should be taken into consideration when deciding custody.

Find out more about what the courts have to say about smoking and other hazards at Court bans mom from smoking near child.

If you are involved in a child custody battle, please contact our firm for expert, compassionate legal counsel.

Alex Sink is the chief financial officer of Florida, and considered the leading democratic candidate for governor of the state. She recently addressed 300 attendees at a gay rights group fundraising dinner, telling them that she believed homosexuals should be legally allowed to adopt children, as long as it is in the child’s best interest. She said that judges should determine what is in a child’s best interest on a case by case basis. Florida is currently the only state to explicitly ban homosexuals from adopting.

Ms. Sink's opponent, Republican Bill McCollum, has said he would defend Florida’s ban on gay adoption. The debate comes at a time when a state appeals court is considering the case of a gay man in North Miami who wants to adopt his two foster children. The race between McCollum and Ms. Sink is considered close. Find out more about how gay issues are affecting the race at Sink backs adoption by gays, lesbians.

Any adoption will require legal pleadings, documents and proper notice. The adoption of a child is an important decision that should be handled with the services of a family law attorney to make sure procedures are followed correctly. If you are considering adoption, please contact our firm for expert legal support.

Movie stars, millionaires and other VIPs work very hard to keep their personal details private – especially when it comes to divorce. They claim they have a greater need for concern about identity theft. For business executives, the business itself can intervene to protect confidential company information that might come out in the divorce. Of course, news organizations are fighting to keep everything in the public domain. The controversy pits privacy against the first amendment.

Certainly the same concerns exist for non-famous wealthy couples, who may want to keep their financial documents and dirty laundry out of the public domain. There are ways to keep the divorce settlement confidential in Florida, and we are a law firm that knows the ins and outs of accomplishing the goal of confidentiality in Florida for high end divorce settlements.

If you are considering divorce, and want to keep the details private, contact our firm for expert legal counsel.

Find out more about this topic at Rich, famous push for secrecy in divorce.

In Florida, the courts in Miami overturned the ban on gay adoptions in August 2009. Judge Cindy S. Lederman wrote in her opinion that excluding gay couples defeats Florida’s mission to provide all children permanent families. The state has claimed that gays are more likely to suffer from psychological imbalances and substance abuse than heterosexual couples, although several well-respected organizations have said that gay parents do not negatively affect a child’s upbringing.

A statewide resolution must be determined by an appellate court before the ban is officially lifted. Florida is the only state to ban homosexuals from adopting children. A few other states prevent unmarried persons from adopting children, which effectively bans gays, who are not legally allowed to marry in those states. Mississippi allows single people to adopt, no matter what their sexual orientation, but prohibits same-sex partners from adopting jointly.

The state attorney general's office has appealed the decision so the gay and lesbian community in Florida await the decision to see if they will have the "right" to adopt in Florida.

If you are considering adoption or another family matter that may require legal guidance, please contact our firm.

Find out more about this topic at Judge overturns Florida ban on adoption by gays.

Divorces are usually marked by battles over property and child custody issues. Deciding who gets to keep the family pet can add a whole new topic for couples to fight over. Who gets to keep the dog, cat or lizard is a topic that comes up frequently in divorce proceeding, and, like everything else, can be a difficult and emotional issue to deal with.

In Florida, as in most other states, pets are considered property – which means they are subject to ownership, not custody. That means that “joint custody” is not an option in Florida. Legally property can only be awarded to one party in the divorce. A pet acquired during the marriage is considered joint marital property, even if it was given as a gift from one spouse to the other.

Couples have much more flexibility in deciding what will happen to the pet if they come to an agreement outside of court. If the divorcing couple cannot agree between themselves who should keep the pet, the judge must award it as property. Judges will consider who spent the most time with the pet, who took the most care of it and who is more bonded with the animal when making a decision.

In a divorce where a pet is involved, the couple should make every effort to find a common ground before going through the agony and expense of a court battle over a pet. While the pet may be oblivious to the battle being waged, the emotional pain is felt deeply by the couple and especially their children.

If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

Find out more about this topic at Pets are property in divorce.

An emerging divorce method, using what is called a "collaborative process," brings legal, financial and mental health professionals together to help encourage cooperation between the divorcing couple. The method is starting to gain momentum as the Florida Bar has drafted legislation to codify collaborative divorces into Florida state law. The Jacksonville Bar Association recently sponsored a seminar on the topic, which drew a large percentage of mental health professionals.

Currently, collaborative divorce is a voluntary process that is entered into when a couple signs a document stating that they will not take their divorce to court. Financial and mental health counseling is included as part of the process. An added benefit is that a collaborative divorce usually costs significantly less than litigation. It also allows families to structure financial details with more fluidity than is usually the case in traditional divorce proceedings. The process not only eases the divorce process for couples and their families, it also eases the case load on family court.

Any divorce method that cuts down on fighting and animosity is good for both the couple and their children. People who are under the stress of a divorce can only benefit from having a team of professionals help them work their way through all the details amicably.

If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

Find out more about this topic at Collaboration allows for a kind divorce.

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

Florida is a no-fault divorce state, meaning that in a divorce things like debt and assets should be split 50/50 or equitably.
When one party racks up the majority of the debt and there are really no "assets," then the court may have a different route to take with the division of the debt. The other factor may be if the party that bought marital items with credit cards and then takes the property, then the court may find that there is a pertinent reason why one party should take more debt then the other.
The real area of interest and best argument in an unequitable distribution, greater or less than a 50/50 split, is if one spouse engaged in an extramarital relationship, on which that spouse spent money or incurred debt.
The real answer when it comes to equitable distribution is that every case is different and the law is not black-and-white on this matter. It is important to discuss your options and likelihood of success with a family law attorney in pursuing a divorce.

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

The Florida Disestablishment of Paternity statute allows for reputed "alleged" dads to tell the Court they have reason to believe they do not have a financial obligation to a child for whom they pay child support. The statute lays out many factors to be proven by the alleged father because there is a public policy interest that children not be without a father.
This statute does require that there is newly discovered evidence relating to the paternity of the child since the origination of the paternity being established. In so doing, the alleged father, after learning that he is most likely NOT the father, cannot engage in the following:
1. Marry the mother of the child while known as the reputed father (after learning someone else could be "daddy").
2. Voluntarily take on the parental obligation to pay child support.
3. Swear to paternity in a written sworn statement.
4. Consent to be named as the Child's father on the birth certificate.
5. Voluntarily promise, in writing, to provide child support for the Child and was required to support the Child because of that promise.
6. Dismiss or ignore ANY written, state notice requesting you submit to a DNA test.
7. Sign a voluntary acknowledgment of paternity as outlined in Florida Statute 742.10(4).

The above rules are required to have been followed if you wish to file a Petition to Disestablish Paternity. To make certain that you fall within the statutory guidelines, it is advised that you seek the help of a Family Law Attorney.

Paternity actions in Florida are common because there is a strong belief that children need two parents and child support. Many men are faced, on a daily basis, with a woman informing them they have a child, or a court document greeting them at their home delivering the stork's news. Once the court gets involved, there is a need to establish the father of the child legally, child support and time sharing. So, what happens when you find out, after a few years of this financial and emotional obligation that you, in fact, are not the baby's daddy?
In 2007, the Florida legislature passed the Disestablishment of Paternity Statute. This law allows for men to have the right to petition that they no longer have the obligation to a child if new evidence has come to light. However, there are multiple restrictions on the men for them to prove their case to a judge. It is important to contact a family law attorney to discuss your options and the actual expectation that you will be successful in pursuing this matter.

Written By: Lenorae C. Atter, Florida Family Law Attorney
latter@woodatter.com

Florida grandparents now have rights to visitation with their grandchildren. After years of grandparents wanting visitation with their grandchildren and having no court action to take, the Florida legislature adopted Florida Statute 752.01, which allows for grandparents to file a petition for visitation with their grandchild.
The Florida law regarding the grandparents' petition states that the Court shall give reasonable visitation rights to grandparents if it is in the best interest of the child when the minor child's parents have divorced, a parent has abandoned/deserted the child, or when the child is born is out of wedlock.
This new law gives grandparents a voice in court where they previously had none. Congratulations to all you Florida grandparents that have been yearning to see your grandchildren. Since this matter is new, it is important to speak with an attorney regarding your rights and what actions to take.

Written By: Lenorae C. Atter, Florida Family Law Attorney
latter@woodatter.com

In a Florida divorce, I realize there are divorce myths, which seem to circulate from Jacksonville to Miami. If you are going through a divorce there are certain myths that people seem to tell.
The most common myth for in a divorce with children is that the new time sharing law requires that you and your spouse have 50/50 visitation with the Child. This is not true. The Court looks at the best interest of the Child and in so doing, the visitation will be a factor. It is often not considered proper for 50/50 because the Child has different rules in each house, which plays a role in the child's ability to do well in school, at home and in extracurricular activities.
The second myth is that child support is negotiable. This is not true, because according to Florida Statute, a parent cannot negotiate away the Child's right to child support. Support for a child is determined on the income of both parents and tries to place the child in the same position s/he would have been had the parents stayed together.
The third is that if you aren't allowed or use the time sharing (visitation) then you do not have to pay child support. If the lack of contact is due to you or your spouse, that does not alleviate your financially responsibility to your child. Visitation does not equal child support.

latter@woodatter.com

As an attorney Jacksonville, Florida I have handled stepparent adoptions and seen the incredible impact and purpose it has for a family. If you are married and your child views your spouse as their parent, then you are probably wanting to pursue a stepparent adoption action. Whether you were previously married or had a child out of wedlock, and the other parent has not been in your child's life, then your current spouse and you may have discussed a stepparent adoption.
There are a few steps in getting a stepparent adoption and it is wise to discuss your case with an attorney that has experience in the area. However, to bring a few important issues to light I will explain the process.
1. If you are the Mother of a child and have not spoken to the child's father or have no way of contacting the child's father, then you may have to do a request into the Office of Vital Statistics Putative Father Registry. If no one has claimed that he may be the father of your child, then you will receive a certificate stating such.
2. An Affidavit of Diligent Search may need to be filed with the Court, which proves that you have looked for the other parent and have been unable to locate him/her.
3. If you do know where the other parent is, then he/she may voluntarily consent to the Termination of Parental Rights.
4. If the other parent refuses to consent, but has been absent from the Child's life for an extensive period of time, then you may file a Petition for Termination of Parental Rights that lays out the groundwork for why his/her rights should be terminated.
5. Once any or all of the above is completed, then you can file a petition for stepparent adoption.
In so doing, the stepparent is basically telling the court that she/he will be responsible for the wellfare and financial responsibilities of the Child. That she/he understands and consents to the Child having the right to claim to be his/her natural child for purposes of inheritance. That she/he has the financial ability to provide for the Child now and even if the parties (husband and wife) were to divorce.
It's an amazing process. While it sounds difficult due to the actions needed in steps 1 through 4, it is often quite simple and painless for the parties seeking the action. The reality is that the Court wants to know that the actions are in the best interest of the child. It is always better for a child to have two parents when available.

latter@woodatter.com

In Jacksonville, Florida, as a family law attorney, I receive questions about terminating parental rights. This is not an easy process since there are many protections in place for parents. I will probably do a series of blogs on this topic in order to cover each area, but we will start with the consent and agreement of both parties.
If a parent would like to terminate his/her parental rights, then there are certain things that must be in place. The following would be required:
1. There is another person to take the role of mother/father both emotionally and financially.
2. The parent is doing so knowingly with full understanding and willfully.
3. The termination is in the best interest of the child.

If these things are met, then the Court may grant termination of parental rights. The difficulty is, this does not alleviate child support that may be due from years of nonpayment. If a parent owes child support arrearages (back child support), then the termination of their rights does not alleviate or diminish the back child support to be paid.
The only time that can go away is if the other parent (non-terminating) is willing to forgive any and all arrearage. However, if the payments were through the state's Department of Revenue, then even agreeing does not end the State's interest in collecting that money on behalf of the Child.
If this is something that you are interested in pursuing, it is best to work with an attorney on this matter whether your are the one terminating or the one requesting termination.

Written By: Lenorae C. Atter, Florida Family Law Attorney
latter@woodatter.com

In Florida, many courts have time sharing or visitation guidelines and they can be specific to distance. In Jacksonville, we have the 4th Judicial Circuit Guidelines, which provide for time sharing throughout the school year and holidays.

Time sharing is now the correct term for visitation and a time sharing plan is required in a case involving children. You can either use the court guidelines develop your own, as long as the other party and/or the court agrees with the schedule.
Long-Distance Guidelines in Jacksonville set-up a number of opportunities for visitation. There is an ability to continue with alternating weekends, but it must be done in the town where the child resides. You can have once/month at your home, depending on the situation surrounding your case. In addition, you will be entitled, again depending on the facts of your case, to timesharing during the Spring Break time each year and summers beginning 5 days after school gets out until 2 weeks before school commences.
Long distance timesharing often has costs associated, so you have to determine what is best for you and the other parent for the child to stay connected to both parents.

Written By: Lenorae C. Atter, Florida Family Law Attorney
latter@woodatter.com

In Florida, there is a relocation statute if you are moving with a child. As a Jacksonville divorce and family law attorney, I realize that not everyone understands that moving may require court action. Relocating for a job, marriage or any other reason? If you have a child and looking to move, then you may have to file a Petition for Relocation with the Court.
Florida law has a Relocation Statute, which requires that a relocation petition be filed with the Court if you are planning on moving, with your child, 50 miles or more away from your current residence. This is required if the move or relocation is for more than 60 days.
Filing a petition for relocation also requires that the other parent is served with the papers and (s)he has 20 days to file an objection. If an objection is not filed within that time period, then the Court will assume the move is in the best interest of the Child.
If the other parent will agree to your relocation, then you can file an agreement with the Court. The catch is, there a number of provisions within the Relocation Statute that must be met or you could face contempt, the Court can require you to return, and the Court may go so far as to change the primary residential parent.

By: Lenorae C. Atter, Jacksonville Family Law Attorney
latter@woodatter
1. What will I pay in child support?
- Child support is a calculation mandated by Florida Statute 61.30 and is based on the net income of the parties as a whole and the individual's percentage of that whole. There are things taken into the calculation consideration such as mandatory retirement and union dues, insurance costs of the child(ren) and day care costs for the child(ren). There can be considerations given for special needs or circumstances, but typically the calculated number will be the actual child support to be paid.

2. Which parent will get the child(ren)?
- The court can look at the history of the family unit, to which parent will be more likely to provide for the child's needs, etc. Ultimately the decision is based on the best interest of the child. While the Courts should look solely to the factors impacting the child, sadly there are still biases that sometimes remain, but those can be defeated under the right set of circumstances.

3. How often will I see my child?
- In Jacksonville, we have 4th Judicial Circuit Time Sharing Guidelines, which sets up the minimum amount of visitation. Each circuit is different, but many have the same concepts in place. Basically, the guidelines set-up alternating weekends, one night per week for dinner, and alternating holidays. Summer timesharing is often switched.

Written By: Lenorae C. Atter, Family Law Attorney
latter@woodatter.com

1. In a divorce, who gets the home?
- The marital home is a marital asset and is subject to equitable distribution or the assets being divided equally. However, if there are minor children, then typically the party who has the majority of the time with the children will get the home until the children reach the age of 18. If there are no children, one party may force the sale and the proceeds be split equally.

2. What if nonmarital money was put into home?
- If one party put money down on the home that was nonmarital (obtained prior to the marriage ex. sale of prior home), then the nonmarital amount is credited to that party and the remaining equity is split 50/50.

3. Why do I have to pay alimony or spousal support?
- You create it, you support it. Now, there a number of factors that go into this determination of support: length of the marriage, marital history, educational backgrounds, work history, need, etc.

4. How much will I have to pay in alimony?
- Florida does not have an alimony calculator like some states. The Court and attorneys typically have a formula that is based on need, length of the marriage, ability for the party to provide for him/herself, educational background, work history, etc.

5. Do I have to pay alimony or spousal support if my ex moves in with someone?
- No. Cohabitation of a party receiving support is a statutory basis for terminating the spousal support. The ex does not have to remarry, you simply ask for the a modification or termination from the court based on the fact that your ex is receiving support from someone else in the form of a roommate.

In a Florida Times Union article this week, summer visitation/timesharing was a topic of the article, " 'Summer switch' under way for divorced parents, kids", which quoted our attorney, Lenorae C. Atter, on the ins and outs of summer timseharing.
The article focused on the changes for both the children and the parents during the summer months, when visitation alternates from weekends to six (6) week visitation/timesharing. Lenorae Atter added to the article her thoughts on the matter stating, "Atter did the summer switch herself as a child and said problems can arise when kids want to go to camp or other activities in the summer, which can lead parents to feel like “their time” is being infringed upon." She went onto include that timesharing plans and parenting plans work to assist the parties in better communicating with each other and taking the children's interests into consideration as they get older.
Timesharing and parenting plans have been in effect since October 1, 2008, and they are helping parents put the children's needs first in the divorce. A great first step in the way we handle visitation in the future.
Lenorae Atter's reference to "sit back and enjoy the ride" truly is a motto for parents and children to benefit from in the annual time exchange.

Written By: Lenorae Atter, Jacksonville Family Law Attorney
latter@woodatter.com
Stepparent and Guardianship adoptions in Florida are a growing interest and as a Jacksonville family law attorney, I find the statute only gets the process so far. In handling the adoption, there are many different ways for issues to arise and it is helpful to have someone on your side to walk you through the process.
Nuances have been created throughout the years, not by Florida Statute, but by continuous case law. When dealing with adoption, the last thing a party wants is for someone to be able to come back into the picture claiming to have rights to the child. If you are interested in pursuing an adoption of your stepchild or you are currently the legal guardian for a child and would like to adopt, I advise you to at least consult with an attorney on the matter. Protect the child from the beginning, so no one rears their head in a couple years claiming that the adoption was not done correctly.

Florida's visitation is now timesharing and residential parent is now majority timesharing parent. As a Florida family law attorney I have focused on the parents and children going through this change, but it was brought to my attention that change in visitation and custodial parents is actually having an impact on the Florida schools.
I practice primarily in Jacksonville, Orange Park, Fernandina and St. Augustine, but an article in the Bradenton Herald caught my attention. The article, entitled "Schools Custody Policy Proposed: Custodial Parent Is No Longer Decision Maker In Schools" deals with the impact the new legislation has had on the schools determining which parent is the "go to" parent on school issues. Historically, a family would go through a divorce and the mother or father was determined the "Primary Custodial Parent". In today's world of timesharing, things have changed and the language needs to be tightened up to make things easier. The legislature did create "Parenting Plans" to help in this transition and determine the roles of the parents.
While the article states that timesharing is designed to give both parents 50/50 split, that is actually not true. Timesharing is a way for the parents to feel as if they both get the child and that one parent is not more important or greater than the other. The courts, at least in Jacksonville, still frown at the concept of children not having a stable environment.

Continue reading "Florida's New Parent Timesharing Affects Schools" »

Written By: Lenorae C. Atter
As a family law attorney in Jacksonville, Florida, I handle a number of different divorce cases. The issues are always different because individuals and their assets, debts, businesses, incomes and matters related to their children are always different. One thing I have noticed is the surprise of my clients when they discover a business that was started during the marriage is actually a marital asset or liability, depending on the company's solvency.
In order to define the asset/liability, it is important to recognize what the business is and if the business is solely dependent on the spouse(s) work. A business valuation is typically a good idea, so that an outside, neutral party can determine the actual value of the property.
The other factor in determining the actual income of the parties relies on getting the business information since a number of business owners pay personal things from their business accounts. These accounts are all discoverable during the divorce proceedings, so both sides are on equal footing throughout the process.
Multiple financial actions, businesses and assets, is a great reason to incorporate a neutral financial planner/advisor into the right types of divorce proceedings. One previously mentioned in my blog was Collaborative Law, which uses a neutral financial advisor to assist the clients in reaching an amicable resolution to the divorce.

In a Jacksonville, Florida divorce, just the entry of the, "parties are returned to the status of being single" does not bar a claim for child support, division of assets and liabilities and all other related issues. Basically, it is a tool often used so that the parties can declare themselves divorce, but the proceedings continue the path they were on.
The difficulty is, when one party sees this, it may cause panic, tears, concern and frustration. Actually going about the process correctly takes finesse, patience and understanding for the other party. Explain to them that they are not stopped from getting matters resolved, but simply taking care of one issue, the actual marriage that still holds them as "husband and wife."
When going through such a process, make certain that you have certain things in place like a provision that the Final Judgment does not preclude further action. However, in regards to child support, Florida law makes it clear that you cannot actually negotiate away your right or responsibility to child support.

In Florida, the statutes regarding paternity, child support, visitation and custody have different laws when dealing with an out-of-state parent. I am a Jacksonville area divorce and family law attorney and recently I had a case involving a mother and child that reside here and a father that lives out-of-state. The issue that was difficult to overcome is, "which court is proper to bring actions regarding the child?"
Florida Statute 48.193 requires that the out-of-state resident to have some form of contact with the State of Florida. While the presumed father has the option to prevail on this issue if he has not been in Florida, nor was the child conceived in Florida, that does not resolve the issue for the presumed father.
Once a child resides in Florida, the Florida courts have jurisdiction over that child through the UCCJEA and Florida Statute 61.514. Therefore, all actions dealing with visitation and custody must be brought in Florida, so an out-of-state court may be required by the presumed father, to determine paternity and possibly child support, but if the father wants visitation with the child, he will be required to file in Florida.
Also, if any of the actions in Florida Statute 80.2011, then Florida can have jurisdiction over all aspects involving the child, regardless of the other party's contacts with Florida.
Basically, if someone brings the issue of jurisdiction when dealing with a child, the individual will most likely have to hire an attorney in two (2) states as opposed to one (1). It ultimately makes more sense for all actions to be handled in one court and one state and to save the cost for attorneys.

International adoptions are popular not only among Madonna and Angelina Jolie, but Jacksonville, Florida residents as well. As a family law attorney I have clients call once they adopted out of the country and they want to make certain their adoption is legal in the U.S. and in Florida.
Once a child is adopted by a foreign court that document finalizing the adoption can be accepted by the Florida courts as well. The procedure for doing so is important to protect yourself and any issues that may arise regarding that child.
The Florida courts do recognize foreign decrees, foreign orders, but you must petition the court to recognize the decree or order. It is best to speak with an attorney regarding this matter to make certain that all requirements are met from the beginning to speed up the finalization of your adoption which has clearly been a long time coming at this point.

Madonna's, have made the news for years in Jacksonville, Florida and throughout the country. As a family law attorney in Jacksonville, I have clients call to find out the process for such adoptions.
The reality is, as evident in Madonna's current court case in Africa, each country has different adoption laws. In Malawi, where the child resides in Madonna's case, there is a residency requirement for adoptions. That issue, not the paternity issue, is actually what's holding things up for the adoption of Chifundo James. Madonna, feeling that celebrity and money can beat laws, is now caught up in the court system to show the best interest of the child is to be adopted regardless of the residency requirement.
This case is a good example of why the normal adopting family should first look into the laws associated with the country they would like to adopt from. You don't want to get in a situation where you required to relocate for a significant period of time if you don't have to. It's best to contact an attorney where you live to help you in your process from the beginning.

In Jacksonville, Florida family law , I have clients that are facing huge changes in their life whether it is from divorce or determination of paternity. The majority have never been a parent or have never been a single parent. In addition, some have jobs that have taken them from their children. The solution may be in a service being offered by Ronnie Cage, who has a Master Trainer Certification in the “Fatherhood Development” Curriculum from the National Partnership for Community Leadership. I had the pleasure of speaking with him and finding out that he coaches fathers on how to become dads to their kids whether for the first time or the first time in a long time.
Mr. Cage has found his calling in helping individuals learn, mainly fathers, to be better communicators, listeners and parents. It's a service we could all benefit from in our lives, but we can't often find the recipe to make the proper parent pie. Mr. Cage, and others in his field, may be the missing cookbook to better parenting.

Written By: Lenorae C. Atter

Collaborative action for divorce, child support, visitation, alimony and other family law matters is not common in Jacksonville, Florida.
Collaborative Law is being practiced in most parts of the country, including South Florida, but has not found its popularity in Jacksonville yet. As a Jacksonville divorce lawyer who wants my clients walking away with a smile rather than the need for the spa, I am a huge advocate of this process. I don't think children should be the victim of their parents' inability to communicate, but should be healthier through divorce because the parents have a since of stability throughout the process. That is what is offered in a collaborative law setting. It's the attorneys and the clients, from the very beginning, agreeing that a divorce process aimed at resolving the divorce, custody, child support, marital home, assets, and finances can actually be done amicably from beginning to end.
For those of you who are skeptics, I promise it works. It brings in the two sides, but it also incorporates a neutral mental health professional, financial advisor (if needed), mental health therapists for both sides (if needed), and mental health therapists for the children (if needed). It's a way for constant fighting to be put to a halt so that you can learn to communicate, since like it or not, you are going to have issues arise during your life and the life of your children and why not figure out how to work through those than just agree to disagree for the next 80 years. Who needs the stress?

Stepparent adoption is common in Jacksonville, Florida, where we, Wood, Atter & Wolf, P.A. is located. Florida recognizes adoption by a stepparent to be commonplace and tries to make the process easy on all parties. Consent of the nonparticipating parent is the best way to gain adoption rights of the child. However, some situations do not require consent of the parent.
Stepparent adoption is usually achieved when a parent remarries and the other parent has not consistenly participated in the child's life. Upon the primary parent's marriage, the new spouse offers to adopt the child so that the child can have an intact and stable environment with a mom and dad. Florida courts, looking at the matter in the best interest of the child, are happy to provide such a family unit to a child.
Typically, a nonparticipating parent is fine giving up their parental rights to the child, because it alleviates the need to pay future child support and they understand that the child has a chance at a two parent home. If the other parent is willing, then it is best to get them to sign a consent terminating their parental rights. This process is the easiest method for all parties.
When a consent to the termination of parental rights is signed, Florida still provides a loophole to the terminating parent. If the child is over 6 months old at the time, then the rights terminating parent has only 3 days to rescind the consent, or until the child is placed in the adopting parent's home, whichever is later.

Florida has annulments, but they are not governed by Florida Statute or law. As a family law attorney in Jacksonville, Florida, I can honestly say that annulments are rare. Annulments are most common in religious settings mainly because a church will sometimes require one from its divorced members. However, getting a court to sign off on an annulment requires a number of steps to be shown or proven to the court.
In Florida, there are only two ways to be granted an annulment, either by showing the marriage is void or showing it is voidable. While they are similar words, they are very different terms. For purposes of this article, I am focusing on the voidable scenario.
A voidable marriage is one where the parties may present to the court that their marriage is invalid for one of the reasons below. However, if the marriage is consummated (marital relations take place) any time after learning of the voidable action, then an annulment is not possible. The following are the forms and explanations of a voidable marriage.
1. Fraud and deceit: Where the deceiving party was lying regarding material facts and the other party actually rely on the misrepresentation. (Example: not telling the other party ones real identity).
2. Duress and undue influence: The act of duress must be shown to have stopped the innocent party from expressing or acting with any form of freewill.
3. Consanguinity: This is actually where the parties are related within a certain degree of one another (example: first cousins).
4. Impotence: This is simply the inability to have marital relations. However, simply being sterile does not give rise to an voidable marriage.
Annulments are not governed by Florida Statute and require more work than a simple divorce, so you should seek the assistance or a good family law attorney to help you.

A Florida Annulment is not a common practice in family law, but they do occur. Florida divorce attorneys do not see annulments on a regular basis because the standard of proof is very difficult to achieve. Recently, I was successful in getting a fraudulent marriage annulled in Jacksonville, Florida. The facts the case were perfect for showing that the marriage was based on fraud by one party against the other, however, that is typically not the case.
For those who don’t really understand what an annulment does, other than allow you to take communion in a Catholic church, it actually makes it as if the marriage never occurred. It’s not a divorce because it completely works to put the parties in a position as if the wedding, vows, etc. never occurred. They are granted only if the marriage is void (one party still married to someone else) or voidable (induced by fraud) and not consummated after learning of the fraud.
A divorce, on the other hand, is the recognized ending of an intact and valid marriage. A divorce is often an important action when there are children born of the marriage, even if the marriage was voidable at the time. The reason for that is because the parties do not want it to appear as if their child was born out of wedlock.
Florida Annulments are not actually defined by Florida statute, but Florida case law. Therefore, it is important to speak with someone that understands the process before asking the court to grant one.

Florida Statutes 61.08http://"target=_blank"governs the factors the courts can use to determine an award of alimony in Florida. However, in Florida, there is no formula for calculating the amount of alimony that could be awarded to any party like there is in calculating a child support obligation.
The main factors considered are the following:
1. The length of the marriage.
2. The contribution of the parties in the marriage
(a) Did one party give up their career or education for the benefit of the other?
(b) Was one party the primary source of income?
(c) Was one party the caretaker?
3. Does the party seeking alimony have the ability to maintain the same lifestyle as a single as s(he) did during the marriage?

The courts must use only the factors set forth in the above statute so it is important when choosing a divorce attorney in Florida to choose a lawyer who is familiar with the above factors and can apply the factors to the specific facts of your case.

When John Nelson of Orlando Florida was making six figures as a software executive, it was no struggle for him to pay $2200 a month in child support to his ex-wife. But when he got laid off and couldn’t find work, the story was different. He filed for a reduction in his support payments, but had to wait nearly a year to get to court – and he was required to keep paying the support while he waited for his case to come up.

By the time his case was heard, Nelson had found a job as a high school science teacher, making significantly less than at his previous job. He was astounded when Family law Judge Julian Piggotte not only denied his request to lower his payment, but actually raised his responsibility by $300 a month – leaving him just $58 a week to live on. The judge then recused herself from the case because her husband is a coworker of Nelson's ex-wife. Nelson sold his house and moved to Georgia to look for a better paying job. While he may be able to afford the large child support payments, he will be living father away from his kids. Find out more about this topic at Many Dads Asking For Changes In Child Support.

When a parent loses a job, the children still need food, clothing and medical care among other things. Courts make child support decisions based on what is in the best interest of the child, not of the parents. If you are involved in a divorce or child support issue, please contact our firm for expert legal counsel.

In Jacksonville, Florida, like the rest of the nation, parties are finding it difficult to make the final split and afford a divorce attorney to deal with important issues. Issues that can arise in a Florida Divorce are: the dvision of assets and debts; calculating alimony; child support payments; child custody; domestic abuse; and the valuation and division of the family business.
Some suggestions in divorcing in a bad economy include finding a divorce attorney in Jacksonville, Florida who will work with you on attorney's fee payments, who will provide a free consultation or who may engage in a limited appearance on your behalf to draft and file your pleadings or to serve subpoenas or summonses. There are many creative ways to secure a good divorce or family law attorney in Florida in the waning economy. Be certain to inquire about ways to ease the payment and the process when speaking with a family law attorney.
Divorces can get expensive, but they don't necessarily have to. Be savvy and ask questions. This is a great time to buy a house or a car. Shop for a divorce attorney in the same way as you would those items. You will not be disappointed when you get the same good deal.

The Florida Supreme Court will be deciding the issue of whether the Florida Constitutional provision stating that gays and lesbians and transgendered people in the State of Florida cannot adopt is constitutional. Miami-Dade Circuit Judge, Cindy Lederman, has ruled that the law declaring that homosexuals in Florida cannot adopt violates the equal protection clause of the Constitution. The Court in Miami-Dade applied the best interests of the child standard in reviewing the antiquated law and decided that it would be in the best interests of the child if the child remained with the two men who had raised him and cared for him and loved him while he was their child in a foster care situation.
Florida is the only state that bars gay adoption by its constitution. Now that the Circuit Court has ruled the provision unconstitutional, the Florida Supreme Court has stepped in to make a decision on the actual constitutionality of the issue. The case has sparked many concerns and interests throughout Florida and the rest of the country. Recently the Florida Family Law Section of the Florida Bar has gotten involved with the brief process due to the overall interest and best interest standards for children. The Family Law Section is a separate division from the Florida Bar, but many have publicly protested the entry of the Florida Bar in any form. However, the Family Law section feels the need to get involved in this matter due to the overall interests in protecting rights of Florida's prospective adopting parents, and the rights and best interests of children that are currently in need of a permanent home.

Florida Adoptions are governed by Chapter 63 of the Florida Statutes. In Jacksonville and surrounding areas, the court will look to Chapter 63 in handling the many areas of adoption that arise. The different types of adoptions are the following:
1. Private adoptions
2. Step-parent adoptions
3. Grandparent adoptions
4. All types of domestic and international adoptions.

Each form of adoption has a different procedure that is governed by the Florida Statutes. It is extremely important when adopting your new family member to choose a professional who has experience in dealing with all types of different adoption classes. Adoption costs can vary depending on the form of adoption sought. Most adoptions range in price depending on the type of adoption, the attorney's practice and the issues involved in the matter.

There are organizations that can help, but ultimately an attorney will need to be involved in the process. Hiring your own attorney can be beneficial because the movement of your adoption can be governed by the attorney's hands-on approach. The process is a delicate one and it's important to look at all aspects of your decision. Having someone leading you through it all can be helpful and make the process much easier to understand.

Jacksonville, Florida and the rest of the country are feeling the stress of the economy. Times are tough, which makes people scared and angry. Domestic violence and tempers are on the rise in Jacksonville, Florida, and all across the nation. But it isn't necessarily men who are doing all of the battering. More and more men are becoming victims of domestic violence and they are no longer taking it "like a man". When anyone experiences violence against his/her person, it is imperative to seek help immediately. Whether that help comes in the immediate form of calling the police or subsequent to the abuse in fleeing to a domestic violence center , a hotel, or to an attorney, help is essential.

Ron Artest, Former Indiana Pacers star, was beaten and abused by his girlfriend when she struck him in the head. Artest called the police and the girlfriend was arrested. Many times men are afraid to call the police for help as the stereotype is to arrest the man when a domestic situation occurs. Men need to be encouraged to seek help whenever domestic violence is perpetrated against them.

In Florida, an injunction for protection against domestic violence can be issued and/or criminal charges can be filed against the batterer. There are provisions for protection for all and that protection should be sought before taking the law into your own hands.

Florida family law has a relocation statute that prohibits parents from taking children more than 50 miles from their residence without first providing notice. In accordance with the Florida statute, if you have been through a Florida divorce or paternity case and your ex has the primary timeshare of the children, there are specific acts that your ex must perform to be allowed to move more than 50 miles from the primary residence. The moving parent does not have the authority to move the parties' children on his or her own accord even if the move is to accept that new employment position paying that dream salary.

In Florida, the primary parent MUST notify the other parent, in writing, of his or her intent to relocate. The notice is called Notice of Relocation and must be signed before a notary and sworn to and filed with the court. The secondary residential parent then has 30 days to file an Objection to Relocation which will be heard before a Judge who will then decide what is best for the children. The Judge will take testimony from both parties and will determine if the move will affect visitation between the children and secondary residential parent, whether the children's relationship with other family members will be affected, the emotional impact of the move on the children and the relationship with the non-residential parent.

Please note that in some cases, if the primary residential parent moves without proper Notice provided to the other party and to the court, then the courts have authority to change the primary residential custody to the non-offending party. Thus, its very important to follow the relocation requirements as failure to do so could result in the loss of custody.

As a Jacksonville, Florida family law attorney, I have not had the privilege of seeing a case involving $100 million in assets plus alimony in the amount of $130,000 per month. While most of us would think this ridiculous, the truth is that in a Florida divorce the assets are divided 50/50 and alimony is provided under certain provisions.
Marie Douglas-David is divorcing her CEO husband, George David, and in return she is asking for a little less than half his money, a mere a $100 million. In addition, she is requesting alimony of $130,000 per month. While this divorce is causing quite a buzz in the media, in Florida, the actual lifestyle of the couple would be considered and Mrs. Douglas-David is entitled to maintain her lavish lifestyle. The problem is that she signed a post-nuptial agreement that limits her money to $38 million. While all of these numbers are excessive and most of us would be content with the $38 million the truth is that Mr. David is actually worth $329 million and in a Florida divorce (IF the post-nuptial was not valid) Mrs. Douglas-David would be entitled to on half, making her portion $164.5 million, so she's actually letting her husband save over $60 million.
In Florida, post-nuptials are valid. Post-nuptials are entered after the marriage of the parties. It is basically a way for the parties to protect themselves after the marriage commences and the signing party must be informed of all assets. Full disclosure is necessary to make the agreement valid, because otherwise the signing party does not know exactly what they are entitled to receive without the postnuptial.
Postnuptial agreements are less frowned upon than prenuptial agreements because you're not entering into it with the idea that you won't get married unless it's signed. It takes the pressure off both parties, but still protects both parties if anything were to happen to the marriage.

Grandparents' rights in Florida are not easy to accomplish. The Florida Supreme Court has held that the Florida Constitution makes it a personal right to determine who parents allow around their children, even when the excluded parties are family members. In the Jacksonville, Florida area, there are attorneys working to fight against the perception of no rights for grandparents and sometimes there are creative methods that can be used.
The common scenario we receive is someone calling and stating, "My daughter isn't allowing me or my Husband to see our grandkids! I want to file a petition for grandparent visitation with the courts! Can you help me?" While the situation is sad and usually not in the best interests of the children to cease a close familial relationship with their grandparents, the Florida law is such that grandparents do not have an inherent right to visitation with their grandchildren.
However, the situation is not completely dire. Sometimes there are ways around the issue and having someone review your particular facts may be beneficial. Recently in St. Augustine, Florida, a man was accused of killing his wife and was charged with the crime. Prior to his arrest, the man completed a Power of Attorney so that his children could be cared for by his parents. While this is an extreme example, the underlying fact remains that parents can give up their visitation with the children to their parents if they are going to be away for a length of time. This may be a "loop hole" for some looking to see the grandchild that now lives with their child's exspouse
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In Florida divorces involving alimony, several elements must be met for alimony to be awarded. The Florida Statute regarding alimony sets out 5 types of different alimony available so that different levels of support may be granted. In Florida, alimony can come in the following forms:
1.Permanent: which is self explanatory, but does have limitations for future changes.
2. Lump Sum: basically getting a large amount either at one time or over the course of years.
3. Temporary: again, self explanatory.
4. Rehabilitative: This is used when one spouse has put their career or education on hold, or is need of further training, education, etc. to get a job or a higher paying position.
5. Bridge the Gap: This is designed to provide support from married life to single life and the transitions that one goes through during that time.

Continue reading "Florida Divorce: Alimony & Spousal Support " »

In Florida, when going through a divorce or separation, it is important to get a lawyer that understands the importance of putting down the boxing gloves.
You are ending a marriage and going from love to shuttering at the sounds of her voice or the site of his face, an experienced divorce attorney should take control and guide the client through a constructive not destructive approach. Even though the client may want to "take him for all he's worth" or "destroy her", its the lawyer's responsibility to provide a workable solution especially if there are children involved.
The members of the American Academy of Matrimonial Lawyers have proven that resolutions are often reached without the need for trial. In a 2007 poll, 58 percent of its members indicated that more of their divorce cases over the past five years were settled without trial. Only 12 percent said they were resolving fewer cases without trial. In this present economy, it has been shown that there is a clear preference among middle-income clients to reach agreements without a trial to cut down on the costs of the litigation.
This is not to say that nasty divorce cases are a thing of the past. Not so. In Florida Family, the areas of custody and parenting issues are the highest contested disputes, followed by spousal support and division of retirement accounts.
Due to the new Parenting Statute that went into effect October 1, 2008, the issue of shared parenting should help reduce custody litigation. Nonetheless, the level of resentment the parties may have for one another can drastically affect both the tone and the strife of divorce proceedings.
In the end, there is usually never a true "winner" in a divorce proceeding because of the emotionalism of the area of law. However, your lawyer must be experienced enough to counsel you through the proceeding and to protect your interests from the initial client consultation through mediation to the final hearing. Its important to find a lawyer who doesn't create roadblocks to settling just so he/she can pay his mortgage by billing you. Once the boxing gloves come off and people start to heal, a workable agreement should be able to be reached for both parties ultimate best benefit.

In dealing with Florida family law cases with children, child support is an obvious factor. When going through a Florida divorce or paternity action child support will most likely be ordered by the court. In today's economic times, many more Floridians are facing bankruptcy and how that affects their Florida child support obligations.
Often, one party files for bankruptcy believing that any financial obligation to the other party will be dischargeable in the bankruptcy. On October 1, 2005, the new bankruptcy law went into effect and is entitled BAPCPA. The new law changed many things in the bankruptcy code including how a "domestic support obligation" will be treated. The support obligation can come in many forms such as alimony, child support, money owed to a spouse, or a money obligation incurred during a divorce agreement. Before BAPCPA, the bankruptcy law stated that you could NOT discharge a child support obligation or alimony in a Chapter 7 but you could discharge any money owed to a spouse under a divorce agreement as long as the money wasn't a part of the child support or alimony obligation. This is usually termed as an "equalizing payment" in the final agreement or judgment
Under the old law, if the spouse filing for bankruptcy couldn't pay the debt or if discharging the debt would be less detrimental to the spouse receiving the funds, it could be listed and discharged. Not so with the new law. In a Chapter 7 bankruptcy, the spouse will still have to pay and will not be able to discharge the debt so when the bankruptcy is over, the spouse will still owe the debt to the other spouse
If you or your spouse are having to file for bankruptcy, I encourage you to explore the idea of filing a joint case. This may be more beneficial to both of you in the end. The Bankruptcy Law Network is a blog that contains lots of good information concerning bankruptcy. If you are considering bankruptcy, you should check out this blog because it has information regarding bankruptcy, debt and collection.

As a Jacksonville, Florida family law attorney, divorce, visitation and custody issues are part of my daily practice. Visitation and custody are usually emotional and working with a client on their parental demeanor is vital in moving forward and eventually going before a judge. When dealing with custody and visitation of a child it is important that the court sees that you are willing to cooperate before pulling out a sword.
As of October, 2008, the Parenting Plan Statute went into effect with the purpose of countering bad behavior. The timesharing and parenting statute requires all parents to file and have the court approve a parenting plan that lays out exactly how all issues of time sharing with the minor children are going to be handled. Instead of limiting yourself to only two options, winning it all or losing, there is another, more productive way to approach the custody issue. The approach may require more maturity than some parties can muster, but, for those able to shift gears, think rationally and be patient, the following approach can be rewarding for them and their children. These steps can lead to a better solution for all, especially the children.
Think about, discuss and decide what your ultimate goals are for the kids. What outcomes would you like to see? Many people would want some of the following (or similar) goals:

1. Family Relationships
a. The kids having a great relationship with both parents
b. The kids having a great relationship with their extended families
c. Financial security for the children
d. Having a safe, secure home for the children
e. Having good schools for the kids
f. Providing for a college education for the children
g. Providing sports opportunities for the children
h. The opportunity for the kids to learn music, art or other interests

Each parent can decide what he or she thinks would be important goals for their children. Broader, underlying goals are more helpful and meaningful. If both parents think of goals in broad terms, they often can agree on them.

2. Look at the big picture.

a. Financial abilities of the parents
b. Parental/family member time available
c. What homes and schools are available and affordable
d. What the parents’ neighborhoods are like
e. The existing relationships between parents and children and the roles each parent plays with the children
f. What community resources are available
g. What special needs, if any, a child has
h. What interests the child has

Continue reading "The Importance of Attitude: Florida Divorce, Visitation & Custody" »

In Jacksonville, Florida, Family Law and Visitation took on a new role on October 1, 2008 and the way custody and family law has been practiced in Florida is no more. With the new parenting plan statute, judges are no longer to use taboo words such as custody, visitation, custody litigation, primary residence or access and contact. The words will now be replaced with the terms "parenting", "parenting plan litigation" or "time sharing schedule litigation", "time sharing majority of the time", and "time sharing".When dealing with visitation and parent-relations, "best interests" of the child factors have now changed and new factors have been implemented in Florida Family Law. The Florida parenting plan statute is designed to isolate the children from the divorce proceedings as much as possible and to emphasize drafting a plan to help parents in divorce meet the child's needs.
The following factors are now considered when parents are divorcing and custody and children are at issue:
(a) The demonstrated capacity & disposition of each parent to facilitate and encourage a close & continuing parent-child relationship, to honor the timesharing schedule, and to be reasonable when changes are required.
(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
(c) The demonstrated capacity & disposition of each parent to determine, consider & act upon the needs of the child as opposed to the needs or desires of the parent.
(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child The permanence, as a family unit, of the existing or proposed custodial home.
(f) The moral fitness of the parents.
(g) The mental and physical health of the parents.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the child is of sufficient age.

Continue reading "Jacksonville, Florida's New Parenting Plan Requirements" »

In Florida divorces, Injunctions are prevalent. A Florida Injunction can be handled by your Florida Divorce Lawyer. There are specific criteria that must be met before a court can enter a permanent injunction. Section 741.30 of the Florida Statutes lays out exactly what must be argued to have a temporary injunction entered as a permanent injunction. The statute says that the petitioner must have been a victim of domestic violence OR have reasonable cause to believe that he or she is in imminent danger of becoming the victim of any act of domestic violence. The Elements which must be proven at a hearing before the Circuit Court are as follows:
1. Must be between family or household members.
2. The petitioner must claim to have been the victim of DV or is in fear of imminent DV attack. 3. The sworn petition shall allege the existence of such domestic violence and shall include the specific facts and circumstances.
4. Jurisdiction: Where petitioner currently resides, temporarily resides, where respondent resides, where domestic violence occurred.
There are specific ramifications of a temporary injunction being made permanent. If the petition is granted the respondent will be required to complete a 26 week Batterers' Intervention Program (and pay for it) if (a) the respondent has willfully violated the temporary injunction or (2) has ever been found guilt of a crime involving violence (batteries) or threat of violence (assaults). You should contact a Florida Family Law attorney regarding your needs for an injunction or to defend against allegations made against you.

Navigating your way through unchartered divorce territory can lead to trouble. Often, paying for a divorce can be difficult, especially when one of you makes little to no money. Normally, one spouse ends up footing the bill and incurring extra expenses while the other spouse pays for very little. What can you do when you're waiting for the divorce to be finalized??? TEMPORARY NEEDS HEARING is the answer!

In a temporary needs hearing, a judge will look at each party's income to debt ratio and order a temporary spousal support, child support and marital debt payments. The temporary needs hearing is probably the most important hearing during the dissolution process before finalization occurs. It helps to set the tone for the rest of the divorce process and it also identifies the responsibilities of each party regarding the marital liabilities.

In Florida, rising tides of economic instability play a dramatic role in divorce. During their pending divorce, couples are remaining under the same roof due to the housing market. Divorce lawyers recognize that the marital home has transformed from an asset to a liability. However, the idea of splitting the debt associated with the home can be very appealing.

Divorce is affected by the economy because it plays a roled in factoring spousal support, debt division, living arrangements and tax consequences of the parties. In a Florida divorce, the parties assets and liabilities are divided equally, the marital home is the major asset in most cases. The slow market has created difficulties for the parties because most of the time, the marital home has not sold by the time the divorce is being finalized. With difficult time, often there are difficult questions, divorce is no different. Questions range from: Who is going to be responsible for the mortgage? to Who gets to live in the home while it is on the market? Hard times need creative solutions,just as Congress, and divorce lawyers can help divorcing parties navigate through the muddy waters of the present market.

Florida law requires that all divorcing couples with children have a parenting plan, which includes support obligations for both parents. How do the courts in Florida determine a parent’s child support responsibility? The formula, outlined in Florida Statute 61.30, uses the parents monthly income to figure the total child support payment amount. Then each parent is assigned a percentage of responsibility based on their income as a percentage of the total income of both parents. There are some other factors that come into play as well.

Child care: 100% of child care costs due to employment must be added to the support amount.

Health insurance: Any premiums and ongoing medical expenses not covered by insurance must be added in.

Determine the actual amount of support: Florida allows parents to increase or decrease support obligations by as much as 5% without court approval.

Adjust for overnight visits: Child support must be calculated based on the number of nights the child regularly stays with each parent.

Add a provision for terminating child support: In order to automatically end support payments when the child turns eighteen, joins the military, or other recognized events, parents must include a provision for this in the parenting plan. Otherwise the parents will have to return to court to reduce or eliminate the payments.

Consider insurance: The court may require a payer to obtain life insurance. The court cannot require disability insurance, but parents can include a provision to maintain an existing policy.

If you are considering divorce and have children, please contact our firm for legal counsel. Find out more about Florida child support law at Florida Parenting Plans - Child Support Issues to Consider.

In a majority of Florida visitation cases, stopping the relocation of a custodial parent is difficult. After a divorce, determining paternity, or separating, relocating or moving with a child is not as easy as hiring a moving van. In Florida, there is a relocation statute requiring the relocating parent to inform the other parent of his or her intention to relocate and file that notice with the courts.
Once notice is provided, the parent that is not relocating has the option to file an objection to the move, with the court. Once that objection is filed, the judge must have a hearing to determine if the move will be permitted.
At the hearing, the parent that is relocating must show the court that the move is in the child's best interest and that it will not infringe on the non-relocating parent's visitation and relationship with the minor child. Also, there has to be a showing that the parties are able to afford travel expenses involved in continuing that visitation.
The courts want to preserve the non-relocating parent's relationship with the minor child and if the relocation would significantly diminish that relationship then the courts may be more apt to preserve the visitation rather than allow the relocation.

Written by: Whitney R. Lonker
Wood, Atter & Wolf, P.A.

In Florida, when couples divorce they often seek alimony. The economic situation is now leading to bankruptcy as a common divorce issue. If the filing former spouse has an alimony obligation, the question becomes, is that obligation dischargeable in the bankruptcy? Dischargeable bankruptcy debts are outline in United States Code, Title 11, Chapter 13. The old version of the law stated that the alimony obligation was not dischargeable unless the payor did not have the ability to pay the debt and the discharge benefit to the payor out-weighed the harm to the spouse receiving the alimony. That is not the case anymore in Florida. The new section maintains that debts such as alimony to a former spouse or spouse on a temporary basis in the course of a divorce cannot be discharged at all. So this means that if you have an alimony obligation or are receiving alimony, the alimony obligation cannot be discharged in a bankruptcy action. These issues can be extremely complicated and obtaining a family law attorney would be beneficial.

Written by Whitney R. Lonker
Wood, Atter & Wolf, P.A.

Super Bowl XLIII was played in Tampa, Florida, but real-life drama unfolded on the televisions across the Tucson-area Sunday night. Tuning into watch the biggest game of the year amounted to viewing a lot more for Comcast viewers. During a portion of the Steelers v. Cardinals game, the game was interrupted with a 30-second clip of adult content and many saw full male nudity. While this incident is most likely the cause of “malicious acts,” pornography and football comes up in Florida divorces regularly.

Florida is a “no-fault” divorce state, but using money to purchase pornography, place bets on football (Super Bowl XLII), or have extramarital relationships can really come back with a vengeance. Thankfully, the men and women tuning in on Sunday will not be accused of such behavior for their brief encounter with a "malicious act" at the cable company.

Written By: Lenorae Atter
Family Law Attorney

New York Yankee fans can rest assured that Alex Rodriguez (A-Rod) will be able to focus on baseball this year. His Florida divorce is over after less than a year battling with his (ex) wife, Cynthia Rodriguez. The couple was able to reach a settlement agreement, trumping the need to go to court.

Cynthia Rodriguez filed for divorce in Miami, Florida in July, 2008. The petition filed with the court stated, “The marriage of the parties is irretrievably broken because of the husband’s extramarital affairs and other marital misconduct.” Florida is a “no-fault” divorce state, meaning that the affairs really held no legal bearing on alimony. However, any money A-Rod used in advancing the relationships could come back to pad the pocket of Mrs. A-Rod. For example, a trip to England to visit a certain pop star could be fully reimbursed depending on the settlement reached by the couple.

Continue reading "A Florida Divorce Makes Yankee Fans Happy" »

Having grown up in Florida, in a divided home. this is something I know a lot about. As a family law attorney in Jacksonville, Florida, I utilize what I learned as a child in dealing with similar situations. Dividing holidays, birthdays, special occasions and family vacations are a concern for any parent going through a divorce or paternity action. In Jacksonville, FL, we have the 4th Judicial Circuit Visitation Guidelines, which were designed by the court to make division of time easier on parents when they cannot reach an agreement.
Development of a timesharing and parneting plan assists the parents in formulating their schedule for the youth of the child, not just year-to-year. For instance, in accordance with the Jacksonville-area guidelines, holidays are alternated between the parents. In odd numbered years Thanksgiving will be with one and Christmas will be with the other and it will switch for the following,even-numbered year. If you are fortunate to all live in the same city, then it is alternated a little differently.
In approaching the subject with your children, it's important to keep a positive attitude about the changes. Remembering the "silver lining" ideas, such as more presents and twice the celebrations. I remember having two birthday parties, which seemed like the coolest thing in the world when I was a kid.
When separating and developing two different households things will never be perfect, but they can and often do work.

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

Florida Statute 61.08 provides the rules for receiving alimony. However, only the courts and many lawsuits have created the boundaries for what are considered short-term and long-term marriages. As such, many people feel that if they are married and their spouse provided for them, then they are entitled to alimony in some capacity.

If you have ever dealt with child support issues or other family law matters, then you may know that the amount in child support is determined by a calculation and the numbers don't really change one way or another because it's really a black and white issue. However, that is not true with alimony, and there are many factors that can be considered. However, the focus here is not in the aspect of determining whether you'll receive alimony, but just to clarify a few terms that you probably could not find on your own.

In first determining alimony, your legal representative and/or the court will evaluate the length of the marriage. In Florida, a long-term marriage is considered anything over 15 years of marriage and a short-term marriage is anything up to 10 years. Many people fall within a gray area, which the court has the right to use its discretion in determining and that is the 11-15 year marriages. It is important to realize that the court does have discretion to rule in accordance with the lifestyle of the parties, the work dynamic of the parties, and many other aspects. Also, since Florida does not recognize an equation for the process, often each judge has his/her own way of determining how, if any, alimony should be determined.

Florida courts recognize that some spouses do not have the income of the other and may have a need for assistance while they go through a divorce. Temporary needs have been established to protect a spouse needing support to remedy the ability for the soluble spouse to overpower with a "hired gun" because it provides the court the ability to assess attorneys fees and costs to the nonsupport seeking spouse. This levels the playing field and assures legal representation for both parties.

In addition to providing legal fees, the Temporary Needs are designed to assist in keeping the status quo of the marriage. Temporary Needs can address the following: alimony (to be provided during the divorce); child support; the marital home and expenses; etc.

The theory is to provide a comfortable transition for both parties and to address the issues that are pending immediately upon separation and the filing for a divorce. In order to preserve these rights and make certain that your issues are being addressed, it is important to contact an attorney who would be able to walk you through your situation and what you may or may not be entitled to receive.

In Florida, moving with a minor child is more than just hiring a mover. Florida Statute 61.13001 gives you specific directions in dealing with this topic, but not following the statute can lead to many issues.

If you are moving 50 or more miles away and you plan on taking your child(ren), then the statute requires that you inform the other parent by Notice and let the court know of the change. The other parent has the right to object to your relocation after receiving notice. If you move before the relocation is entered with the court, then you can be forced to return to Florida, with the child. Failure to comply can lead the court to order you stay in Florida; change the primary residence of the child; or other otions available to the court. It is important to understand that Florida Statute 61.13001 is very precise and has a number of requirements, it is important to follow the statute precisely and would be beneficial to seek legal counsel.

Sarah Palin's daughter was 17 years old and pregnant, Jamie Lynn Spears was 16 and pregnant, and most likely your Florida teen knows someone in high school that's pregnant. Taking the political nature of the question out, as in Pro Life or Pro Choice, what are the options one has?
I'm pretty certain that many of these young girls really don't want to get married right now, but obviously that is an option. But, does it really solve the problem? In Florida we recognize that parents have the right to child support, so the old fashioned idea of pregnancy equals marriage is not really necessary. In fact, it statistically causes more problems later since the majority of marriages that end are due to the couples being too young when they got married.
Another answer is for a paternity test to be done and filed with the court in order to prove the child does have a father, and hold that father responsible for any child support obligations. In teen pregnancy the mother and father are sometimes in school, but the court can impute income for child support to be assessed. Also, the child does have the option of going on state funded medical insurance. However, this is a tough road altogether and it's important to make certain you're making the right choice.
The option that is often overlooked because emotions control is adoption. Adoption is a great way to provide a good home for a child and make certain that all of the child's needs are being met. The popular movie "Juno" focused on a 15 year-old making that decision and though it was a movie it actually did a great job of showing how many good parents there are that are not capable of having them on their own. For a teenage girl willing to carry a child for 9 months, but not being able to recognize the long responsibility and affect the choice will have on her life, adoption is a wonderful option.
Any of these options are available, but making certain that all parties, especially the child are cared for properly, it would be beneficial to meet with a family law attorney that handles these types of issues on a regular basis.

In Florida, the law recognizes certain items as premarital assets and in a divorce those items typically remain with the person that brought them in. Engagement rings are always a question for clients because one party paid for the ring and one has been wearing the ring, so to whom does it belong?

If you received an engagement ring but did not go through with the marriage, then the ring is normally returned. However, if you received the ring, went down the aisle and were married, then that ring now has a place with the wife regardless of payment being made by the husband. The ring is considered a premarital gift and it remains with the wife upon the dissolution of the marriage. The value of the ring, given that it is premarital, does not go into the pot of the value of the couple's assets. Therefore, if the ring is worth $20,000 and was a family heirloom of the husband, as was the issue in a recent Florida case, the court must still find the ring as nonmarital property and will go to the Wife.

A Florida Circuit Court Judge has ruled that a 31 year old ban on gay adoptions is unconstitutional. The Judge allowed the adoption of a openly gay foster parent of a teenage boy that she had raised since 2001. The case was reported in the Miami Herald. The Judge noted that he made his decision on the best interest of the child rather than the law that was passed back in 1977.

The role of the attorney is to interpret laws and pursue cases on behalf of clients. While there is a ban on gay adoptions in the State of Florida, it appears that some Judges are willing to violate statutes in order to challenge the laws to determine if the Florida Supreme Court or the United States Supreme Court will ultimately rule on the issue to confirm the laws in place or in the alternative make new laws.

Section 63.042, Florida Statutes - Who May Be Adopted, Who May Adopt provides that no person is eligible to adopt if that person is a homosexual.

Adoptions of any nature require legal pleadings, documents and proper notice. The Adoption of a child is such an important decision in life that should not typically be handled with the services of a Family Law Attorney to make sure procedures were followed. The Adoption of a child is a wonderful thing that should uphold any challenge down the line.

Some people may think that child support ends with death. "Well, when I die, at least, I will not have to pay child support any longer." Not so fast, the family of Scottie Pippen is still getting child support bills for him even thought he has been dead for 10 years. The story was reported in the South Florida Sun Sentinel.

The family attempted to clarify this matter many times over. Unfortunately, some child support office is chasing down a dead man when efforts could be made to better pursue living child support obligors in the State of Florida.

Child support is court ordered pursuant to a hearing or agreement of the parties. Typically, when the child graduates high school, marries, emancipates, or otherwise becomes self sufficient. The Court order of child support must be reviewed to determine the duration of the child support obligation in Florida.

In Florida, a driver's license can be suspended through the Division of Driver's License (Department of Highways and Motor Vehicles) when a person fails to pay a child support obligation. The procedures for suspending a driver's license can vary if the case is being pursued by the Department of Revenue as compared to a party with or without an attorney. Pursuant to Section 322.058, Florida Statutes Suspension of Driving Privileges Due to Support Delinquency - Reinstatement, a driver's license can be suspended when the Division of Driver's Licenses receives notice that a person has failed to comply with a subpoena, order to appear, order to show cause or similar order.

The statute was passed a tool for those receiving child support and as a punishment for those required to pay child support. It is a tool because the suspension or threatened suspension of driving privileges often encourages the person obligated to pay the support to catch up on the payments. It is a punishment of sorts at times because the suspension does punish or take away rights from the person who fails to pay for the child support obligation.

If there is a legal issue regarding child support, alimony, divorce, driver's license suspension or other Family Law related matters, it is important to retain the services of a Family Law Lawyer to represent your interests and rights.

For many years, the courts in Florida have embraced the idea that a child of divorced parents should enjoy the input and direction from both parents, not just the parent who has “custody.” So, under Chapter 61, Florida Statutes, the court will typically require that the divorcing parents have “…shared parental responsibility.” Sometimes this is loosely referred to as, “joint parental responsibility,” or at least what that’s what the parents “hear” when they hear “shared parental responsibility. But this does not mean “joint custody.” Joint custody is where each parent has “custody” of the child for roughly equal lengths of time. This is not usually favored by Florida courts, as it often becomes impractical, especially if the parents live too far apart, or even in different school districts, much less different cities. Also, as children grow, their circle of friends and social interests expand, which can be compromised by their going back and forth between parents like a ping-pong ball. So, “shared parental responsibility” or even “joint parental responsibility” is not the same thing as “joint custody.”
With “shared parental responsibility,” both parents keep full parental rights and full parental responsibilities. Section 61.046, Florida Statutes. This also means that the parents must consult and confer with each other on matters concerning the welfare and best interests of the child, especially on major decision. When it comes to medical care or education, these decisions should be made jointly, if possible, after the parents have consulted each other. However, sometimes a court will split these areas of responsibility between the parents. Section 61.13(2), Florida Statutes.

In a typical divorce case, the child’s “primary residence” is deemed to be with one parent, who is granted the “primary residential care” of the child. This parent is usually referred to as the “custodial parent.” Sections 61.046(3), 61.13(2)(b) 2.a., Fla. Statutes. Not surpisingly, the other parent is usually called the “noncustodial parent.” Section 61.046(10), Florida Statutes. But none of this labeling changes the basic fact that the parents usually share in the parental rights and responsibilities for the child.