Child Support

May 26, 2011

How Long Does It Take To Get Divorced In Florida?

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.

May 20, 2011

What Is the Difference Between a Family Law Attorney and Divorce Lawyer?

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

As a Jacksonville, Florida lawyer working in family law I am often asked what a family law attorney does. Basically, family law consists of handling divorces, child support cases, paternity cases, visitation or time-sharing matters, adoptions and the like. A divorce lawyer is just a more specific way of saying the same thing as, “I handle family law cases.” When hiring an attorney to handle your divorce case or related matters, then looking for a family law attorney versus a divorce attorney or lawyer may broaden the scope in your search and better fit your needs.

May 11, 2011

Establishing Paternity in Florida

By Erlinger Family Law

Paternity cases in Florida often require two actions to be taken, such as follows:

1. A Petition to Establish Paternity: Often filed by the mother against the father, so it only requests child support the majority of the time.

2. A Counter-Petition to Establish Paternity and a Time-Sharing/Parenting Plan. This is generally filed by the father to guarantee that he has visitation with the child, which is referred to as a time-sharing plan in Florida.

May 6, 2011

In Florida, What Should I Expect to Pay In Child Support and Can I Change It If I Lose My Job?

By Erlinger Family Law

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.

May 5, 2011

In Florida, Is Alimony A Factor in Child Support Calcuations?

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

In Florida, if alimony is a factor in a divorce, with children, then alimony must first be determined in order to properly calculate the child support. Child support is based on the income of both parties and alimony is considered income to one spouse and a reduction of income to the other parent.

May 4, 2011

How Is Florida Child Support Calculated? 1

By Erlinger Family Law

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.

April 28, 2011

Don’t Sweat the Small Stuff in Your Divorce: Dividing Property in Florida

By Erlinger Family Law

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.

April 26, 2011

What is Standard Visitation in Jacksonville, Florida?

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Is there such thing as regular visitation in Florida and what does guideline visitation mean? Time-sharing has replaced term visitation in Florida and primary time-sharing parent has taken the place of custodial parent. So, with visitation having changed does that mean that visitation guidelines have disappeared? In some jurisdictions, such as Duval County, Florida, the guidelines exist for purposes of assisting with a time-sharing plan, but are no longer the standard used by the court.

April 22, 2011

What Is Parental Responsiblity in Florida?

By Erlinger Family Law

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).

April 18, 2011

Do I Get to Claim My Children on Taxes After a Divorce?

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Which parent should claim the children as dependents on their taxes when separated or divorced? Working as a lawyer in family law matters in Jacksonville, Florida, I get this question often. If there are children involved in a divorce, then typically one parent will be responsible for paying child support and one parent will have the children the majority of the time. In essence, both parents are responsible for the expenses created for the children, so determining which parent gets to claim the children on his/her taxes comes down to the facts surrounding the case.