Child Support

June 28, 2010

Israeli Man Breaks Record For Highest Number of Divorces

A Jewish Israeli man recently broke the country’s record for the highest number of divorces – again. Previously, the record for the most number of divorces for one person was seven. This unnamed man has now been divorced eleven times. He reportedly told the Rabbinical court that he usually divorces his wives after two years and remarries as soon as possible. He appears to be addicted to the “experience” of meeting and courting a new wife.

The man reports that he has never experienced any difficulty in finding a new wife, and he has never paid any alimony or child support, even though he has been ordered to do so. His most recent ex-wife claims that he never worked while they were married, living off of her earnings and running up a large debt. The Rabbis did praise the man for going through all the appropriate religious procedures for getting a divorce, including issuing his wife a Get. He plans to remarry. Find out more about his marriage plans at Record 11th divorce granted to Jewish Israeli man.

Marriage is a serious commitment and divorce is a painful and difficult experience. It is strange and sad that this man takes it so lightly. If you are considering divorce, please contact our firm to discuss your case with a Florida Family Law Attorney.

June 9, 2010

Florida Divorce Law: How to Change a Child Support Order

By Erlinger Family Law

Due to high unemployment and other adverse economic factors, modifying an existing child support order is no longer as uncommon as it used to be. If you have lost your job or have had your income adversely impacted by recent economic conditions, there are two ways in which you can seek a change – either an increase or a decrease — in child support payments.

First, you should work with your ex-spouse to determine if they might be agreeable to a modification in child support terms. If you agree, then you only need to ask a judge to approve the modification.

If you and your spouse cannot agree on modified child support, you will need to go to court. The court can grant either a temporary or permanent modification, depending on your individual circumstances.

June 2, 2010

Alimony is Inevitable: Florida Divorce Myths and the Truth Behind Them

By Erlinger Family Law

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.

May 31, 2010

Florida Divorce Common Myth of Counseling

By Erlinger Family Law

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.

May 22, 2010

The Cost of a Florida Divorce

By Erlinger Family Law

Shopping for a Jacksonville divorce attorney can be challenging. The first concern people often have is the price of a family law attorney. However, the legal ramifications of a divorce are just as important, if not more so, than those that involve actually getting married. So, why do we choose to spend thousands of dollars on a wedding dress, but want to count pennies on the divorce?

First, you should know that the cost of your divorce is determined by the complexity of your case and the issues that will need to be taken care of throughout the process. Also, attorneys that practice family law a.k.a. divorce law, charge by the hour. So, a retainer secures a certain amount of hours of their time and saves you from being billed once per week for the hours they have worked. Knowing your bills makes them easier to manage. Also, you have a right to know and you should know what your attorney charges per hour and how they bill that time.

The reality is that we, as a socially, are more willing to spend money on the “fun” things in life than the “necessary” things. Women spend thousands on their dress and men spend thousands on the engagement ring because we are excited about the end result. Divorce does not hold the same excitement, so neither does paying the bill. If you are in a position where divorce has become a necessity, do not start your search for a lawyer based on the negative and worrying about the cost, but try focusing on the outcome, which will ultimately place you in a position not to worry about the next argument every time you open your eyes in the morning.

May 12, 2010

Florida’s Alimony May Be Getting a Facelift

By Erlinger Family Law

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.

May 11, 2010

Florida Child Support – How is it calculated?

By Erlinger Family Law

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.

May 5, 2010

Florida Divorce: Contempt or Modification?

By Erlinger Family Law

As a Jacksonville, Florida divorce attorney, I recognize the reality that most divorces are never final. If the divorce has the following components: alimony, child support, debt distribution, marital home division, etc., it is likely an issue will arise after the divorce is “over”. Your options, if any of the above payments or ordered actions stop, is to file a Motion for Contempt against the other party. However, if you are the payor or the offending party and the reason you have ceased action per the court order is for reasons outside your control (loss of employment, injury, etc.), then you have the option to file a Supplemental Petition to Modify the prior order.

Contempt is when one is voluntarily not complying with a court order. If the individual is found in contempt, the non-offending party can ask for attorney fees and costs be paid by the one in contempt. Also, if the party is held in contempt fines can be assessed and, depending on the severity, jail time can be ordered.

Modification of an order is when one’s circumstances have involuntarily and substantially changed. In today’s economy modifications are prevalent. In Florida, child support is simply a statutory calculation based on the incomes of the parties. If the income of one party has been decreased or increased by more than 15%, then that is a substantial change and a petition for modification should be filed.

April 30, 2010

Florida Timesharing / Visitation: A Parent’s Plan or Goal?

By Erlinger Family Law

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

April 28, 2010

Florida Paternity – Do You Have Legal Rights to Your Child?

By Erlinger Family Law

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?