Child Support

February 16, 2010

Memoir of a Divorced Father Helps Families Deal with Divorce

Studies have shown that fifty percent of children of divorce in Florida and nationwide have problems later in life that are related to their parents’ split. Author Tony Rassini has just released a new book, entitled “Dad, It’s Time to Tell the Truth!” Discover what happens when two parents hate each other more than they love their kids, which he wrote partly to help his son deal with the aftermath of his own “ugly” divorce.

The book is written as a memoir, and follows Rassini’s attempts to be a good father to his four children during and after his bitter divorce. He documents his interactions with lawyers, doctors, and the courts, and looks at how all of these interactions affected his children. In the end Rassini realized that the only thing he had to give his son was the truth.

Divorce is a difficult time for both adults and children. Being age-appropriately open and honest with all family members is the best way to smooth over hard feelings and ensure that all parties can get on with their lives without any lasting scars. Reading about Rassini’s journey can help others going through divorce realize that they are not alone. One of the most important factors in the divorce process is having a family law attorney who will advocate on your behalf while also knowing how to avoid needless litigation which ultimately costs you extensive amounts of money and possibly the respect of your family members.

February 11, 2010

California Man (Henry Lisowski) Allegedly Kills Estranged Wife (Rosa Lisowski) to Avoid Paying Child Support

By Erlinger Family Law

Henry Lisowski allegedly threatened his ex-wife with murder two years before she disappeared in March of 2008. After several months of searching for the woman, police received a letter from Lisowski saying that his wife had died and that he had thrown the body in a dumpster. Prosecutors maintain that the man killed his wife because she was taking him to court for child support. Defense attorneys claim that his wife died from falling down the stairs and Lisowski hid the body because he was afraid her death would look suspicious.

At the time of Ms. Lisowski’s disappearance, Lisowski had been ordered to pay $1000 a month in child support, and a hearing had been scheduled to determine if he had underreported his income in order to avoid paying more. It later turned out that he had underreported his income by over one hundred percent.

When questioned by police about his wife’s disappearance, Lisowski claimed that she was a drug addict and believed that the drug cartel had gotten to her. Lisowski had fresh scratch marks across his cheek when he was questioned. He also expressed no interest in taking the children into his home.

January 14, 2010

Understanding Prenuptial Agreements

By Erlinger Family Law

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:

January 8, 2010

Tiger Woods’ Marital Problems Bring Up Issues of Florida Rules Governing Premarital Agreements and Child Custody

By Erlinger Family Law

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

January 6, 2010

Understanding Different Types of Florida Alimony

By Erlinger Family Law

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.

December 10, 2009

Study Finds that Without Community Support, Low Income Abused Women are Likely to Return to Abuser

By Erlinger Family Law

A recent study published in the Psychology of Women Quarterly paints a bleak picture for low income women who are subject to abuse. Even those who seek help for domestic violence issues suffer from depression, post traumatic stress disorder (PTSD), and have to deal with stressful issues like child custody and child support, unemployment and finding affordable housing. Their situation has driven many of these women to return to their abusive partner.

The study points out that most domestic violence programs are focused on getting the woman away from her abuser and starting the legal proceedings to protect her and legally dissolve the relationship if necessary. Very few offer counseling, guidance or follow up to see how the women are doing after they leave. The researchers recommend that programs be offered for these women that provide housing opportunities, job training, transportation and child care so that they do not feel forced to return to their abusive partner because they have nowhere else to go. You can read more about the study findings at Nancy Hengeveld: Without support, battered women often return to their abusers.

If you are involved in an abusive relationship, please seek help for yourself, and then contact one of our Family Law Experts for compassionate legal counsel.

December 9, 2009

Fort Lauderdale, Florida – Man (Francisco Rodriguez) Ordered to pay over $10,000 in Child Support for Someone Else’s Daughter

By Erlinger Family Law

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.

December 3, 2009

Understanding Spousal Support

By Erlinger Family Law

If you are considering a divorce, you may be entitled to, or you may be ordered to pay spousal support to your former spouse. What does that mean? Spousal support, also referred to as alimony, is money paid to one spouse by the other in order to support the first spouse’s lifestyle after the divorce.It is completely separate from child support. Alimony is only ordered in about ten percent of divorce cases. Permanent alimony awards are largely a thing of the past; most courts will only award temporary spousal support, lasting from a few months to a few years.

While different states have different laws when it comes to alimony, it is usually awarded to a person who did not work outside the home during a marriage. Most states require the potential recipient to demonstrate financial need. Those with savings or assets sufficient to support themselves will generally not receive alimony. Prenuptial agreements may also spell out what spousal support will be awarded.

Federal law requires equal consideration for both men and women when awarding spousal support, but women have largely been the recipients of spousal support after a divorce, mainly because the majority of non-working spouses have traditionally been women. But there is nothing stopping a stay-at-home husband from collecting alimony in a divorce settlement.

November 20, 2009

TV Food Celebrity (Mary Jo Eustace) Dumped by Husband (Dean McDermott) for TV Star Tori Spelling, Tells All in New Book

By Erlinger Family Law

TV cooking show host Mary Jo Eustace was not very well known until her husband, actor Dean McDermott, divorced her to marry heiress and famous Hollywood actress Tori Spelling in 2006. McDermott and Spelling met on the set of a lifetime movie they were working on together. Ms. Eustace has said she was taken by surprise when her divorce garnered major media attention.

Ms. Eustace has said that her divorce was a shocking surprise as well as very public and humiliating. One of the insults the newly married couple heaped on Ms. Eustace included offering to produce a reality show where Ms. Eustace looks for a new husband. Ms. Eustace declined, and instead is launching her own reality show, which will help women in midlife reinvent themselves after divorce. And she has written a book to tell the world about the pains of her divorce; the book is entitled Divorce Sucks: What to Do When Irreconcilable Differences, Lawyer Fees and Your Ex’s Hollywood Wife Make you Miserable.

In the book she talks about the divorce and her reaction to it, which has included getting over the betrayal of her husband and making more time for herself. You can read more about the new book at Life after divorce: Mary Jo Eustace enjoys her second act.

November 16, 2009

Tough Economic Times Have Many Floridians Seeking Lower Child Support Payments

By Erlinger Family Law

According to the Florida Department of Revenue, the bad economy is creating especially hard times for those paying child support. They report that the number of requests for modified child support payments has increased, mirroring the state’s rising unemployment rate. Escambia and Santa Rosa Counties (Florida) have already received 831 requests this year, compared to 648 in 2006. Requests haven’t been this high since Hurricane Ivan.

Many of the applicants are reporting that they can’t find work, or that the work they can find pays a lot less than their former employment. Others are giving up looking for work altogether, some living on food stamps welfare, while still others are going back to school to improve their chances for higher paying work. The court looks favorably on payers who seek out more education, because in the long term it will have a positive effect on the children. Unfortunately, while they are in school they usually have to lower their child support payments during that time.

Requests for lowered payments aren’t the only thing increasing along with the unemployment rate; uncollected child support is climbing as well. Almost $29 million has gone uncollected in Escambia and Santa Rosa counties this year, and there’s still one month to go before the end of the year. The number of disputes that lead to litigation are climbing as well, as people become more desperate.