Articles Posted in Florida Statutes

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

479150_ill_leave_a_mark____.jpgFlorida 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).

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

1260843_protect_your_money.jpgFlorida 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

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

53621_calculator_v3.jpgFlorida 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.

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

1173688_high_school_woes.jpgAs 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.

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

844980_hotel.jpgClub 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.

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

708452_hourglass_4.jpgAs 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.

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

1346201_sunglasses.jpgSummer 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.

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

1260785_laptop_work.jpgAs 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.

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

1129738_vintage_clock_2.jpgFlorida 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).

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

897653_kite_flying___.jpgStepparent 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.

Contact Information