Child Support

April 22, 2010

Florida Divorce Petitions and Counter-Petitions… Larry King the Eighth and Counting

Larry King filed for his eighth divorce last week. In his petition for divorce, he requested joint custody of the children. Wife, Shaun Southwick, filed a counter-petition requesting full custody of the children, child support and alimony.

A petition for divorce is one that lays out the reasons for the divorce, which are often summarized as “irreconcilable differences.” The petition is also where one addresses their needs from the outcome of the divorce: alimony, child support, division of property. In order for both parties to have their needs heard by the Court, often, the party originally served with the petition will file a counter-petition, which lays out their needs and wants. That is how the Larry King divorce has two filings in one case.

In their upcoming battle, the Court and the parties will have to determine the basis for all of the requests made in both of their petitions. Simply by asking for the sun, moon and stars does not equal delivery of the same. Shawn Southwick will be required to show evidence as to why Larry King does not deserve equal timesharing with their children. She will also have to show why she is entitled to alimony and whether that should be offset by the alimony she is requesting. Typically, alimony is considered an income and child support is based on the incomes of the parties.

April 21, 2010

Florida’s Residency Requirements – Divorce, Child Support and Timesharing

By Wood, Atter & Wolf, P.A.

Filing for divorce, child support or timesharing modifications in Florida require that you be a resident of the state. Residency is determined based on Florida Statute 61.021, which requires that an individual be a resident of Florida for at least six (6) months prior to filing an action within the State Court.

Residency can be determined by a number of factors, the most common of which is your drivers license. If you have moved to Florida, make certain to get your new drivers license immediately, so that you can prove your residency when the time comes.

Another way to prove residency is by providing a lease agreement, utility bills, or by having an affidavit signed by a neutral third party that can verify you have lived in the State for the required period of time.

April 18, 2010

Larry King Files For Eighth Divorce From Seventh Wife

By Wood, Atter & Wolf, P.A.

World famous broadcaster and renowned interviewer Larry King and his wife Shawn Southwick each filed for divorce on Wednesday, April 14. The couple has been married for over 10 years and have two young children. Larry King, 75, has been married 8 times to seven different women. He married one of his ex-wives a second time.

The couple has reportedly had ongoing problems in their marriage including an allegation that King had an affair with Shawn’s sister Shannon Engemann, although King and Engemann both deny the affair. King has told the press that he did not sign a prenuptial agreement with Southwick. King is reportedly worth over $100 million. In California married couples split earnings acquired during the marriage.

In Florida, the equitable distribution of marital property is one of the most litigated aspects of divorce. There are a number of laws you need to know about if you are getting divorced in Florida. A Florida Family Law Attorney can help you preserve your rights and protect your property. Navigating the Florida Family law statute by yourself can be a dangerous proposition. Final divorce judgments can have adverse, long-lasting consequences. If you have questions about a divorce contact a Florida Family Law Attorney.

March 23, 2010

Understanding Divorce in Florida – “Regular Dissolution of Marriage”

By Wood, Atter & Wolf, P.A.

I recently wrote a blog article about dissolution of marriage in Florida. Today I am going to cover one of the types of dissolution available, called a “Regular Dissolution of Marriage.” This is the most common type of dissolution in Florida.

To start the regular dissolution process, either the husband or the wife may file a petition of dissolution of marriage with the circuit court, stating that the marriage is “irretrievably broken” and setting out what he or she wants from the court. The other party then has twenty days to file an answer to the original petition. When they do so, they have the right to address the matters laid out in the original petition and to add any other issues they want to be addressed by the court.

Florida family law court rules require that the two parties then provide each other with certain financial documents and a financial affidavit within forty five days or before any at
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March 15, 2010

Florida Housing Crash May Keep Unhappy Couples from Seeking Divorce

By Wood, Atter & Wolf, P.A.

Even in a booming economy, couples on the verge of divorce might worry about how divorce will affect their finances. When the economy and the housing market are bad, as they have been in Florida lately, many couples may believe that they just can’t make it without two incomes, no matter how unhappy they are in their marriage.

This problem is only exacerbated for families who are upside down on their mortgages. The Florida housing market has been hit particularly hard in the last few years, making properties across the state undervalued compared to their mortgage notes. Investments and savings have been hit hard as well.

When it comes to divorce, Florida is an equitable distribution state, meaning that all marital assets are divided equitably between divorcing spouses. For many Florida couples, the only things that will end up being divided between them are their debt payments.

March 10, 2010

Understanding Divorce in Florida – “Dissolution of Marriage”

By Wood, Atter & Wolf, P.A.

In Florida, the official term for divorce is “dissolution of marriage.” Many states, Florida among them, have done away with fault as grounds for divorce. This was done to lessen the potential harm to the family that might be caused by the divorce process. Fault may however be considered for determination of alimony, equitable distribution of assets, or determination of a parenting plan.

Either partner may file for the divorce. It must only be proven that a marriage existed, that one of the spouses has been a resident of Florida for at least six months immediately preceding the filing, and that the marriage is irretrievably broken.

In addition to the irretrievably broken ground for divorce, there is also a seldom-used incompetency ground; the competent spouse must prove that the other spouse has been incompetent for at least three years before the filing for this ground to be used.

March 6, 2010

Lauderdale County Co-Parenting Hotline may Expand to Serve Jacksonville, Florida

By Wood, Atter & Wolf, P.A.

When divorced Florida parents are forced to deal with child custody issues, tempers can run high – especially if the divorce was not amicable and the parents disagree with the approved parenting plan. Now those parents will have a way to better handle disagreements and build better relationships with their children. A help line has been set up for Lauderdale County, Florida parents that can help them get through child custody issues with less anger and frustration. This is important because fights between divorced parents can cause lasting emotional scars on their children.

The help line, which falls under the umbrella of Families First, offers parents a third party to help them manage and solve parenting disputes. When a call comes in, volunteers talk with both of the parents to help them diffuse angry feelings and come to a suitable compromise.

The line is staffed by twenty one volunteers, who are required to complete a six week training course before answering the phones. The Lauderdale center fields around fifty calls per month. The help line has been so successful in Lauderdale County that a task force has been created to investigate establishing call centers in other areas in Florida, including the Jacksonville, Florida area.

February 25, 2010

Buying a New Home during Your Florida Divorce

By Wood, Atter & Wolf, P.A.

When a couple divorces, one of the spouses generally needs to find a new place to live. Unfortunately, various legal issues can seriously complicate this already complicated financial transaction. So, when buying a home before your divorce is finalized, there are a few important considerations to keep in mind.

If the new home is purchased without marital assets, you should have nothing to worry about; but things can change quickly in a divorce, and if your divorce isn’t finalized yet, those non-marital assets you used to purchase the home may turn out to be considered marital assets at a later date. If you purchase a home with funds that are considered marital assets you may be required to sell the home to pay a claim to your ex-spouse.

The best thing to do, if you can’t wait to buy the home, is to consult with your attorney. A qualified Florida divorce attorney can help make sure that you get to keep your new home after the divorce. Your lawyer may be able to get a preliminary order allowing you to purchase the home even while the divorce is still pending, while preventing your ex-spouse from making a claim against the property.

February 17, 2010

Rap Artist Flavor Flav Reported to Owe Thousands in Back Child Support

By Wood, Atter & Wolf, P.A.

William Drayton Jr. is best known by his stage name, Flavor Flav. Recently, the 1980’s rap star from the group Public Enemy has made a big comeback by appearing on such reality TV shows as The Surreal Life, Strange Love, and Flavor of Love. But according to the Albany, New York Child Support Collection Division, Drayton owes back child support payments to Mary Parker, the mother of three of Drayton’s children.

Drayton will be required to appear in court to answer charges that he owes Ms. Parker over sixty three thousand dollars in back child support payments and private school tuition. The back child support payments are due to a judge increasing Drayton’s responsibility from just over one hundred dollars per week to over eight hundred dollars per week, and making the ruling retroactive to 2008, when Ms. Parker originally filed an amendment to the child support agreement.

Drayton plans to contest the charges, claiming that he has regularly paid Ms. Parker more than he was required to by the original agreement. Drayton’s recent success has prompted several other complaints from family members, including a daughter who said that he reneged on an offer to pay for her last semester in college. Karen Ross-Fortunate is the mother of three of Drayton’s other children, and has charged that he has not financially supported her children either. Drayton has seven children.

February 17, 2010

Brad Pitt and Angelina Jolie Sue Tabloid over Divorce Story, Attend Super Bowl in Miami, Florida Together

By Wood, Atter & Wolf, P.A.

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News of the World, a British tabloid, recently ran a front page story purporting to describe all the details of Brad Pitt and Angelina Jolie’s divorce, including financial and child custody negotiations. The problem is that the Hollywood power couple claims they are not splitting up, and they have filed suit against the paper for making “false and intrusive allegations” about their relationship.

The LA divorce attorney reported by the News of the World to be involved in drawing up separation papers for the couple has made a statement denying any contact with the family by herself or any member of her firm.

According to lawyers for the family, News of the World has refused to retract their story or apologize for their content. Further, the stories have been widely republished, using the original story as source material. The paper has declined to comment about the lawsuit.