Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

1164983_happy_family_.jpgFlorida Department of Children and Families is the state entity responsible for protecting children from abuse, neglect, and other actions that are detrimental to the child’s well-being. When DCF gets involved with a family, they typically start an investigation to determine the truth of the allegations. If the State feels that there are issues, but they do not warrant the child being removed from the home, they may request the family to participate in programs or a case plan under DCF supervision. If a family refuses their services, then DCF may find that without the offered services, the child is in harm and needs to removed from the home. Once that determination is made, DCF may file a Petition for Shelter with the court.

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

754431_in_business.jpgFlorida divorce law allows for a spouse to be awarded spousal support/alimony, if the court finds that the requesting party has a need for support and if the other party has the ability to pay alimony. Both tests are important in determining spousal support because the goal of the court is to make the parties whole, not to make one party whole while the other lives a destitute life. In addition to determining the need and ability to pay, the court must determine how long spousal support is necessary or allowed under the Florida alimony statute.

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

1143194_my_boy_4.jpgFlorida had a long standing adoption ban for homosexuals until an appellate court ruled that there was no merit for the ban and found it unconstitutional. However, the issue was not over with that court ruling because there was a push for the Florida Supreme Court to hear the case and brief filed by the State and the Department of Children and Families. However, in October 2010, the State of Florida and DCF announced that they would not appeal the court’s ruling to the Florida Supreme Court. Since they were the original parties, their lack of further appeal meant the end to the ban on homosexuals adopting children in Florida.

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

369111_taxpapers.jpgIn a divorce or other child support case, I am often asked which parent can claim the child as a tax exemption. According to Florida State 61.30(11)(a)(8), the parent with the majority timesharing is required to file the IRS waiver of claiming the tax exemption if the other parent is current in child support payments. This is enforceable when the parents have agreed, or it has been ordered that they alternate tax years claiming the child.

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

1122707_divorce.jpgIn Florida, divorces require the equal distribution of marital assets. What this means is that anything purchased or co-mingled during the marriage is considered marital and those assets have to be divided equally to the spouses. However, if one spouse uses those funds inappropriately (drugs, affairs, etc.), then the court may order an unequal distribution of the marital assets.

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

1264271_notebook.jpgIn Florida divorce cases involving children, the parents are required to attend a DCF approved parenting class to help them learn ways of talking with their children and each other about divorce, timesharing and other issues. In North Florida courts, like Jacksonville, the family law judges require the same course be completed in paternity cases as well.

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

1046879_house_symbol_3.jpgIn Florida, child support is determined based on the child support guidelines. In addition, if the payee requests an income deduction order, then the child support will be garnished from the payor’s wages with a fee established by the State. The fee is minimal and is assessed to the payor for the service of having the garnishment done.

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

1327447_fireworks_5_1.jpgHoliday Visitation can be challenging when going through a divorce and sometimes even after the divorce is over. Emotions are often heightened during a holiday so rational negotiations can be a challenge. If necessary, you may seek help from a third party such as a mediator or lawyer to reach an amicable resolution.

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

cla49c.gifFlorida alimony laws have been scrutinized over the years because we do not have an alimony calculation, but simply calculate alimony based on factors of marriage duration; contribution to the marriage; marital lifestyle; etc. In addition, the type of alimony to be awarded has not been constant and there can reasons for providing permanent alimony to a short-term marriage and short-term alimony to a long-term marriage. These factors combined with a theoretical number based on marital assets; debts; and other lifestyle contributors has made alimony payors afraid of the term alimony.

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

43258379.IMG_0196.JPGAlimony in Florida can be defined as a spousal support established to help keep both parties in the same lifestyle to which they were accustomed during the marriage. Alimony has been established for individuals that are divorcing that have a lack of ability to earn income based on their contributions to the marriage. The idea is that the spouse that has put his/her career on hold will be financially harmed by the divorce due to lack of income, job experience and the like. Permanent alimony is designed to help keep the status quo the marriage for the parties.

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