Jacksonville Divorce Lawyer Blog

June 1, 2011

I Just Found Out I Have Teenage Child; How Does Florida Calculate Child Support?

Wood, Atter & Wolf, P.A.

As 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.

May 31, 2011

Divorced After 10 Years or More of Marriage? You May Be Eligible to Apply for the Same Social Secuirty Benefits as your Ex.

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

If you divorce and were married for at least 10 years prior to the divorce, then you may be entitled to receive social security benefits equal to those of your spouse. You can qualify for this election at age 62, if you are divorced for at least two years from the person; not married at the time you reach that age; and your ex qualifies for social security benefits. If your ex is at retirement age and entitled to receive benefits, but has not done so yet, then you may still apply for the benefits. However, if you remarry and are still married by the time you reach social security age, then you cannot opt for your ex’s benefit amount. By opting for the benefits of your ex-spouse, it does not impact what s/he may receive in social security benefits.

May 30, 2011

In Florida, What Visitation or Timesharing Should I Expect With My Children if I Live Out-of-State

By Erlinger Family Law

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

In a Florida divorce or paternity case establishing a parenting and time-sharing are vital in dealing with visitation issues. However, if you live out-of-state during the divorce or paternity case, then the time-sharing plan may depend on your situation. For example, if you are in a paternity case and just found out that you have a child, then a judge may not require the child to simply get on a plane for you to see your child. What may happen is that you transition into a time-sharing plan where the child eventually will visit you at your home. In the meantime, you may be required to come to Florida to establish a relationship with the child so that the time-sharing can then be scheduled at your own home. If you already have a relationship established with the children, then other factors will be how far you live; transportation abilities; school schedules; etc. The Judge will look at these factors to help establish the best time-sharing schedule for all parties, including the child.
If you are in Jacksonville, Florida, then you may be asked if you are interested in what were previously 4th Judicial Circuit Long Distance Guidelines. They basically separate out holidays, summer vacation and three day weekends so that the long distance visits are lucrative for the parent and child to share bonding time.

May 27, 2011

Can I Keep My Club Membership In A Divorce?

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Club 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.

May 26, 2011

How Long Does It Take To Get Divorced In Florida?

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

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 25, 2011

Understanding Your Summer Visitation/Timesharing Schedule In Florida

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Summer 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.

May 24, 2011

Parental Responsibility in Florida Divorce and Paternity Cases

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Parental responsibility is a portion of any case involving children, including paternity and divorce actions a divorce lawyer in Jacksonville, many clients ask for full custody. What I first explain is that Florida now refers to visitation and custody as “time-sharing” and second, unless there is good reason (abuse, alcoholism, etc.) then the other parent has a right to have say in where the children go to school, what activities they participate on, if surgery is in the best interest of the children and all other aspects that go into parenting a child. Florida law refers to these decisions as parental responsibility and without good cause, that responsibility is going to be shared by both parents.

May 23, 2011

Social Media, Affiars and Divorce

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

As 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.

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 19, 2011

Dividing Retirement and Pension in a Florida Divorce Case

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Retirement and pension accounts are often a source of of issue in a Florida divorce case. When divorcing, the law states that marital assets, including bank accounts, mutual accounts, pension and retirement accounts, must be equitably divided. However, each party can waive their right to the other’s retirement or pension funds. When dividing pension and retirement accounts, the divide is not only based on the total in each account at the time of the parties’ separation. The division is actually based on the amount contributed into the accounts during the marriage. So, if you work at your job for 20 years, then marry for 2, your spouse is only entitled to the amount contributed and earned during that two year period of time. However, if you have been married the entire time you’ve worked at that job, then the entire amount is divided equally.