Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
In Florida, divorces involving alimony have gone through significant changes in the last couple of years. In 2010 the Florida law changed to include definitions of short-term marriages as anything less than seven years; moderate-term marriages are those that last 7 – 17 years and long-term marriages are those lasing over 17 years.
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Alimony in Florida has changed in the last couple of years. In 2011, the alimony law has been changed and will take effect on July 1, 2011 regarding all pending divorce cases and any new modifications of old divorce cases. However, the alimony changes to the law cannot be used to modify an old order.
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Florida divorce laws regarding alimony have changed in the last two years. Alimony, as late as 2009, basically held that there were short-term, the gray area and long-term marriages for purposes of determining the amount of alimony and how long it would be paid. In 2010, the Florida legislature provided a new standard for determining what these terms of art actually mean. For instance, Florida Statute 61.08(4) defines marriages as short-term (0-7 years, moderate-term (7-17 years) and long-term (over 17 years).
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Text messaging has replaced phone calls for many people, especially those going through a bitter divorce. When text messaging shows communications that may help a court better understand a situation or issue surrounding the divorce, a Florida court may allow such communication. As a family law attorney in Jacksonville, Florida, I have had to use text messaging to prove that my client has been harassed or that the other party has threatened harm on the children. The text messages must be proven to the court to have come from the parties. What typically is shown are the phone messages, in the phone and a hard copy produced as almost a screen shot. It is important to establish certain criteria to have the text message entered as evidence to the court for proof of origin and content. Simply writing the text messages will most likely not be allowed in court since there is a higher chance of error in copying.
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Florida requires parents going through a divorce or paternity case to keep their children in the front of the issues. North Florida courts require that parents complete a course sponsored by the Department of Children and Families that teaches parents about issues regarding a split home and the effects it may have on the children. The course in Jacksonville Florida is called, “Children First in Divorce.”
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Using emails in your divorce or paternity case can be challenging. As a family law attorney in Jacksonville, Florida, I often have clients come in with emails that they want me to introduce to the court. However, simply because it exists does not mean that the email can be provided to the court to establish your case. Divorce and paternity cases often lead to the parties communicating through email so the emails often have information that is emotionally charged for both parties.
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
In your Florida divorce or paternity case, the court allows the use of instant messaging (IM). Often, couples couples communicate through the internet using instant messaging (IM) and then wonder if their conversation can be used against the the other party in a divorce or paternity case. The court does allow the use of this communication, but it is difficult to get it admitted to court unless it can be shown to be a true copy of the conversation.
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Child time-sharing plans (visitation plans) are applied differently throughout Florida. Some courts have taken the time-sharing law that replaced visitation in 2007, to mean that children should spend equal times with each parent. In Jacksonville and the northeast Florida region, the courts often try to steer away from a 50/50 time-sharing plan because it is not felt to be in the best interest of the children. However, many central and south Florida courts have interpreted the language to mean that the parents should have equal time. The Florida Supreme court rendered an opinion on the statute saying that the measure is still best interest of the children and the starting point is not intended to be a 50/50 visitation split. So, what if you have 50/50 time-sharing and as the kids grow older you realize that they are nor doing as well on such a schedule?
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Florida divorces require that assets, including all accounts (IRAs, Mutual Funds, etc.) be divided equally by the parties. Once the assets are divided equally, the income available to the parties may be construed differently and impute certain monthly allowances to a party when determining if alimony will be awarded. In a recent Florida case, Neiderman v. Neiderman, 36 FLW D927 (Fla. 4th DCA May 4, 2011), the court found that the Wife could be imputed income from the division of an IRA. While IRAs do have a penalty for withdrawals made before age 59 and 1/2, there is a provision under IRS Regulation 72(t) that allows equal periodic payments from an IRA without penalty. This is done only if the payments will be for more than five years; the life expectancy of the party; and if there is a reasonable rate of return. Under this provision, the wife in Neiderman could withdrawal $9,000 per month without invading the principal. Therefore, the wife was imputed $9,000 per month income only from the IRA as imputed income for determining her alimony award since her husband made $500,000 per year and she made $35,000 per year.
Given market changes, she may be able to apply for a modification of alimony if there is a deviation of at least 15% in her available income.
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Florida divorces and the pensions of the parties are controlled by Florida Statute 61.076, which gives equitable distribution for any vested or nonvested monies, benefits and rights received during the marriage. For example, if the wife has worked for a company for 20 years and has a pension for those 20 years of work, then husband is entitled to receive one-half of the portion of the pension created during the marriage. If they were married for 10 years, then he receives one-half of the 10 years worth of pension. Often, this is a calculation that has to be completed. Even though the final judgment or order of the divorce will state what the division is and how it is to be divided, the receiving party must also have a Qualified Domestic Relations Order (QDRO) entered by the court for the bank or 3rd party to divide the pension properly.
