Jacksonville Divorce Lawyer Blog
By: Lenorae C. Atter, Jacksonville Family Law Attorney
latter@woodatter
1. What will I pay in child support?
Florida Divorce and Child Support Frequently Asked Questions
Articles Posted in Visitation Issues
Military Family Law: Child Support, Alimony and Retirement
Written By: Lenorae C. Atter, Florida Family Law Attorney
In Jacksonville, Florida, as a family law and divorce lawyer, I represent a number of individuals who have been or are in the military. Military family law differs in that many different amounts of income are factored in for purposes of child support and alimony. In addition, retirement is based on the military’s determination of years in plus points earned during the time served in the Reserves.
Jacksonville Visitation and Family Law Attorney Featured in Florida Times Union
In a Florida Times Union article this week, summer visitation/timesharing was a topic of the article, ” ‘Summer switch’ under way for divorced parents, kids“, which quoted our attorney, Lenorae C. Atter, on the ins and outs of summer timseharing.
The article focused on the changes for both the children and the parents during the summer months, when visitation alternates from weekends to six (6) week visitation/timesharing. Lenorae Atter added to the article her thoughts on the matter stating, “Atter did the summer switch herself as a child and said problems can arise when kids want to go to camp or other activities in the summer, which can lead parents to feel like “their time” is being infringed upon.” She went onto include that timesharing plans and parenting plans work to assist the parties in better communicating with each other and taking the children’s interests into consideration as they get older.
Timesharing and parenting plans have been in effect since October 1, 2008, and they are helping parents put the children’s needs first in the divorce. A great first step in the way we handle visitation in the future.
Divorce and Grandparents: Florida Family Law
Written By: Lenorae Atter, Florida Family Law Attorney
latter@woodatter.com
Going through a divorce in Jacksonville, Florida or its surrounding areas can raise questions involving visitation, child support, alimony, etc. However, what about grandparents and the impact of divorce on them? In Florida, grandparents are not given a statutory right or any other right to the grandchildren, except as decided by the parent(s).
Stability in a Divorcing World: Florida Divorce
In Jacksonville, Florida family law, I deal with cases involving children, divorces, support, visitation and custody, and as d a person interested in my work, I find different information helpful. What is most interesting, however, is that there are so many different statistics we can view, pieces we can read on the effects of divorce, societal changes and how they are affected, and multiple other news and information outlets regarding this topic. However, it does not seem like most of the information provided is from firsthand experience and what a child may have witnessed in their broken home(s).
Recently, I was reading an article in the Washington Post on, the book “The Marriage- Go-Round” and how Americans have a higher rate of divorce than any other country in the world. Not only that, Florida has a higher divorce rate than mid-west or western states. The article discusses the whys and why nots and stability’s role in our lives. “If you already have a child and you’ve broken up with the other parent, slow down. Take your time bringing new people into your household.” Andrew J. Cherlin, a Johns Hopkins University sociologist.
The issues raised in the book and the article are all factors in considering a “Parenting Plan,” which is now a requirement in divorces involving children. It allows you to factor in the many difficult decisions you and your exspouse will be making through your child(ren)’s life. It’s important to consider factors in dealing with new relationships and introducing them into your lives. It also allows you to consider birthday, graduations, weddings, etc.
Sanford and Sons: Florida Family Law
On Father’s Day weekend, Governor Sanford was not celebrating with his son, but with his mistress. In Florida divorces, while we recognize adultery as having an impact, we do still recognize “no fault divorce”. However, if Florida allows the affair to be acknowledged monetarily what about the consequences with children and visitation/timesharing?
Governor Sanford told his family that he needed a to the Appalachian Trail, but with four sons, the question still warrants whether the children were impacted by an absentee father for a national recognition of the same. Then, to add insult to injury for the children, it came out that Governor Sanford was no where near the Appalachian Trail, he was thousands of miles away visiting his mistress.
While we look to his wife for her response, the children remain the silent victims. I would have to assume, that even a no-fault divorce state, the emotional impact of Governor Sanford’s actions will actually play a role in the overall determination of who the children live with and how liberal Mark Sanford’s visitation will be.
Florida’s New Parent Timesharing Affects Schools
Florida’s visitation is now timesharing and residential parent is now majority timesharing parent. As a Florida family law attorney I have focused on the parents and children going through this change, but it was brought to my attention that change in visitation and custodial parents is actually having an impact on the Florida schools.
I practice primarily in Jacksonville, Orange Park, Fernandina and St. Augustine, but an article in the Bradenton Herald caught my attention. The article, entitled “Schools Custody Policy Proposed: Custodial Parent Is No Longer Decision Maker In Schools” deals with the impact the new legislation has had on the schools determining which parent is the “go to” parent on school issues. Historically, a family would go through a divorce and the mother or father was determined the “Primary Custodial Parent”. In today’s world of timesharing, things have changed and the language needs to be tightened up to make things easier. The legislature did create “Parenting Plans” to help in this transition and determine the roles of the parents.
While the article states that timesharing is designed to give both parents 50/50 split, that is actually not true. Timesharing is a way for the parents to feel as if they both get the child and that one parent is not more important or greater than the other. The courts, at least in Jacksonville, still frown at the concept of children not having a stable environment.
Florida Divorce and Business
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.
Florida Divorce and Preserving Your Rights
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.
Out-of-State Father and Child Support: Florida Family Law
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.