Florida Statutes

May 12, 2011

Paternity and DNA Testing in Florida

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.

May 10, 2011

What You Should Do When Served With Divorce Papers In Florida

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

When you are served with 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.

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 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.

May 3, 2011

Can I Get Alimony In Florida For My Education?

By Erlinger Family Law

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.

May 2, 2011

Is There An Alimony Calcuation in Florida?

By Erlinger Family 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?

April 29, 2011

Healthy Mind and Body During Your Divorce Mediation is Imporant

By Erlinger Family Law

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.

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 27, 2011

I Got Served Divorce Papers; What Should I Do?

By Erlinger Family Law

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.

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).