Child Support

July 1, 2009

Michael Jackson Baby Mama Drama: Jacksonville, Florida Family Law

WHO IS MICHAEL JACKSON’S BABIES’ MAMA??? In fact, who is Michael Jackson’s babies’ father??? News reports have surfaced that neither Debbie Rowe nor Michael Jackson are the biological parents of the three Jackson children. Thus the question arises: Who Will Get Custody of These Children? News reports are stating that Debbie Rowe served as a surrogate mother to the children meaning that her egg was not used in the fertilization of the children nor was Michael Jackson’s sperm. Reports are that the children were conceived in vitro using donor eggs and donor sperm. Legally speaking, this really should not make much difference in terms of custody of the children as the children are considered heirs at law of Michael Jackson and his mother will probably be the most likely candidate to gain custody and control of the children and their interests. What this news does do is eliminate Debbie Rowe as a possible candidate for custody of the kids as she served only as an incubation chamber and has no real biological ties to the children. If you or your loved one has a question about custody, paternity, child support or any other issue in Duval, Clay, Nassau or St. Johns Counties, please contact our firm at 904-355-8888 for help in addressing these important complex matters.

June 19, 2009

Florida Divorce and Business

By Wood, Atter & Wolf, P.A.

Written By: Lenorae C. Atter

As a family law attorney in Jacksonville, Florida, I handle a number of different divorce cases. The issues are always different because individuals and their assets, debts, businesses, incomes and matters related to their children are always different. One thing I have noticed is the surprise of my clients when they discover a business that was started during the marriage is actually a marital asset or liability, depending on the company’s solvency.

In order to define the asset/liability, it is important to recognize what the business is and if the business is solely dependent on the spouse(s) work. A business valuation is typically a good idea, so that an outside, neutral party can determine the actual value of the property.

June 17, 2009

Florida Divorce and Preserving Your Rights

By Wood, Atter & Wolf, P.A.

In a Jacksonville, Florida divorce, just the entry of the, “parties are returned to the status of being single” does not bar a claim for child support, division of assets and liabilities and all other related issues. Basically, it is a tool often used so that the parties can declare themselves divorce, but the proceedings continue the path they were on.
The difficulty is, when one party sees this, it may cause panic, tears, concern and frustration. Actually going about the process correctly takes finesse, patience and understanding for the other party. Explain to them that they are not stopped from getting matters resolved, but simply taking care of one issue, the actual marriage that still holds them as “husband and wife.”
When going through such a process, make certain that you have certain things in place like a provision that the Final Judgment does not preclude further action. However, in regards to child support, Florida law makes it clear that you cannot actually negotiate away your right or responsibility to child support.

June 10, 2009

Child Support Collection & Credits in Jacksonville, Florida

By Wood, Atter & Wolf, P.A.

Lately I have been getting a lot of clients who are having trouble with one of two problems: 1. they are owed child support and can’t collect it or 2. they are paying child support at an exorbitant exaggerated rate and cannot get credits for the overpayments. Oftentimes the Department of Revenue is not able to handle the number of cases they are receiving and sometimes mistakes are made. Here is an article about an Orlando woman who was having child support woes. http://www.orlandosentinel.com/news/local/orl-asecsupport041909apr19,0,6230693.story If you are having trouble collecting child support that is owed to you or if you are paying too much and are not getting credited properly, please call our firm for help.

June 5, 2009

Out-of-State Father and Child Support: Florida Family Law

By Wood, Atter & Wolf, P.A.

In Florida, the statutes regarding paternity, child support, visitation and custody have different laws when dealing with an out-of-state parent. I am a Jacksonville area divorce and family law attorney and recently I had a case involving a mother and child that reside here and a father that lives out-of-state. The issue that was difficult to overcome is, “which court is proper to bring actions regarding the child?”

Florida Statute 48.193 requires that the out-of-state resident to have some form of contact with the State of Florida. While the presumed father has the option to prevail on this issue if he has not been in Florida, nor was the child conceived in Florida, that does not resolve the issue for the presumed father.

Once a child resides in Florida, the Florida courts have jurisdiction over that child through the UCCJEA and Florida Statute 61.514. Therefore, all actions dealing with visitation and custody must be brought in Florida, so an out-of-state court may be required by the presumed father, to determine paternity and possibly child support, but if the father wants visitation with the child, he will be required to file in Florida.

May 22, 2009

Parenting Coach: Florida Divorce and Family Law

By Wood, Atter & Wolf, P.A.

In Jacksonville, Florida family law , I have clients that are facing huge changes in their life whether it is from divorce or determination of paternity. The majority have never been a parent or have never been a single parent. In addition, some have jobs that have taken them from their children. The solution may be in a service being offered by Ronnie Cage, who has a Master Trainer Certification in the “Fatherhood Development” Curriculum from the National Partnership for Community Leadership. I had the pleasure of speaking with him and finding out that he coaches fathers on how to become dads to their kids whether for the first time or the first time in a long time.
Mr. Cage has found his calling in helping individuals learn, mainly fathers, to be better communicators, listeners and parents. It’s a service we could all benefit from in our lives, but we can’t often find the recipe to make the proper parent pie. Mr. Cage, and others in his field, may be the missing cookbook to better parenting.

May 20, 2009

Jacksonville, Florida Divorce, A New Approach: Collaborative Law

By Wood, Atter & Wolf, P.A.

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Written By: Lenorae C. Atter

Collaborative action for divorce, child support, visitation, alimony and other family law matters is not common in Jacksonville, Florida.

Collaborative Law is being practiced in most parts of the country, including South Florida, but has not found its popularity in Jacksonville yet. As a Jacksonville divorce lawyer who wants my clients walking away with a smile rather than the need for the spa, I am a huge advocate of this process. I don’t think children should be the victim of their parents’ inability to communicate, but should be healthier through divorce because the parents have a since of stability throughout the process. That is what is offered in a collaborative law setting. It’s the attorneys and the clients, from the very beginning, agreeing that a divorce process aimed at resolving the divorce, custody, child support, marital home, assets, and finances can actually be done amicably from beginning to end.

May 1, 2009

Florida Divorce and Communicating with Your Child

By Wood, Atter & Wolf, P.A.

Florida Family Law has a new requirement for a Florida Parenting Plan for any divorce involving children. As a Florida Family Law attorney, I think this is a great way for parents to put the children first in their divorce. However, it’s just as important to communicate with your children when you’re going through a divorce.

We all think that divorce or issues involving our kids is an “adult” issue. The truth is that children feel the affects from beginning to end. As much as divorce may have impacted your life, their life is impacted even more. During a divorce, it is important to keep an open line of communication with your children. Remind them that this is not their fault, remind them that you are both their parents regardless of what mom and dad decide to do. Remind your children that they will still see the other parent.

Think of divorce as a way to learn new communication skills with not only your soon to be ex-spouse, but your children too.

April 13, 2009

The Taxation of Health Benefits in Florida: How It Will Affect Family Law & Children’s Health Benefits

By Wood, Atter & Wolf, P.A.

In Florida, when parties obtain a dissolution of marriage and there are children involved, one issue is which party will carry the health insurance on the children. If the party who does not have primary timesharing with the children carries the health insurance for the children, he or she will receive a “credit” towards the child support obligation to help cover the cost of the health insurance. As such, it can be a benefit to be the party who sustains the health insurance obligation. However, recently, the government has been exploring the idea of taxing health insurance benefits to employees. Under the current law, employer contributions for health insurance premiums provided for employees are not taxable income to employees, but that could change in the near future. Be aware that if health benefits become taxed as income to the party maintaining the insurance on behalf of the children that this could affect the child support, net monthly income and “credits” provided to the obliging party.

April 13, 2009

Laid Off Florida Dad Left with $200 Per Month After Child Support Payments Were Increased by Court

By Wood, Atter & Wolf, P.A.

When John Nelson of Orlando Florida was making six figures as a software executive, it was no struggle for him to pay $2200 a month in child support to his ex-wife. But when he got laid off and couldn’t find work, the story was different. He filed for a reduction in his support payments, but had to wait nearly a year to get to court – and he was required to keep paying the support while he waited for his case to come up.

By the time his case was heard, Nelson had found a job as a high school science teacher, making significantly less than at his previous job. He was astounded when Family law Judge Julian Piggotte not only denied his request to lower his payment, but actually raised his responsibility by $300 a month – leaving him just $58 a week to live on. The judge then recused herself from the case because her husband is a coworker of Nelson’s ex-wife. Nelson sold his house and moved to Georgia to look for a better paying job. While he may be able to afford the large child support payments, he will be living father away from his kids. Find out more about this topic at Many Dads Asking For Changes In Child Support.

When a parent loses a job, the children still need food, clothing and medical care among other things. Courts make child support decisions based on what is in the best interest of the child, not of the parents. If you are involved in a divorce or child support issue, please contact our firm for expert legal counsel.