Written By: Lenorae C. Atter, Attorney Wood, Atter & Wolf, P.A. If you are divorcing in Florida with assets purchased before marriage, Florida law recognizes them as premarital assets and those items typically remain with the person that brought them into the marriage. In Florida family law cases, clients often…
Jacksonville Divorce Lawyer Blog
Are Disability Benefits a Marital Asset?
Disability benefits are not subject to equitable distribution. Generally future lump sum disability benefits are not considered a marital asset. However, they may be used to calculate income for purposes of alimony. There is also some case law which states that there may be a marital component to a disability…
Florida Allows Alimony and Child Support Without Divorce
Written By: Lenorae C. Atter, Attorney Wood, Atter & Wolf, P.A. In Florida, if you are going separate ways in your marriage, divorce is not a requirement to receive alimony and/or child support in Florida. If you and your spouse are separated, then the party in need of spousal or…
Unwed Fathers Must Establish Paternity In Florida To Preserve Important Rights
In Florida there are several ways an unwed father can establish paternity to preserve their rights as a biological parent. Generally in Florida the biological mother’s rights are superior to an unwed biological father until he has taken steps to establish his paternity under the law. Florida Statute 742.10 governs…
Relocating With Your Child? Florida Requires an Agreement or Petition for Relocation
Written By: Lenorae C. Atter, Attorney Wood, Atter & Wolf, P.A. Florida requires that a parent file a Petition for Relocation if that parent has the child the majority of the time and is moving more than 50 miles from the child’s principal residence. This petition is required if both…
Changes To Florida’s Parenting Statute
Several years ago the statute that deals with parenting in Florida, F.S. Chapter 61, made some significant changes. These changes affect the way that parents and professionals should tailor parenting plans in family law proceedings and how the courts should deal with them. Below is a quick comparison of some…
Florida Mother’s Can Seek Child Support Through Establishment of Paternity
Written By: Lenorae C. Atter, Attorney Wood, Atter & Wolf, P.A. In Florida, a Birth Certificate signed by both a mother and father lays a presumption that the one signing as the father is the child’s biological father, however, it does not lay a foundation for the father to have…
In Florida, When Can Alimony Be Modified or Changed?
Written By: Lenorae C. Atter, Attorney Wood, Atter & Wolf, P.A. Alimony is a common factor in Florida divorce cases. Alimony or spousal support is determined using a number of statutory factors, including but not limited to the lifestyle of the parties during the marriage, the length of the marriage,…
Christina Aguilera Settles Her Divorce, You Can Too With A Florida Prenup
Five years after the Mogul Pop Star married music executive Jordan Bratman, Christina Aguilera settled her divorce on Valentine’s Day of all days. After all, five years is a long time to be married anyway and what could be a more romantic present for her new beau Matt Rutler. It’s…
Florida’s Enforcement of Child Support – Motion for Contempt
Written By: Lenorae C. Atter, Attorney Wood, Atter & Wolf, P.A. Florida enforcement of child support can be brought through a Motion for Contempt if the responsible parent, the obligor, fails to pay child support per the order of child support entered by the Court. When a child support order…