Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
As a Jacksonville, Florida family law attorney one of the more joyous occasions I get to handle are stepparent adoptions.
Adopting Your Stepchild In Florida
In Florida, You Must File For Relocation If You and Your Child Are Moving More Than 50 Miles Away From The Other Parent
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Relocating with your child in Florida does require action on your part if you are not married to the other parent. When moving more than 50 miles away, you are required to file an action with the court giving notice that you intend on moving. This document must be provided to the other parent as well. The only way around this rule is if you have previously reached an agreement with the other parent and put that agreement in writing, then you must file that plan with the court that maintains jurisdiction on the case (most likely where time-sharing was ordered).
Florida Allows Temporary Support While The Divorce Is Pending to Help The Spouse With No Money
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Florida divorce/family law courts recognize discrepancies in the incomes of both parties and have developed access to courts early in the process through a Motion for Temporary Needs. Once filed, there is a hearing to establish the needs of the parties until the divorce can be finalized. The motion for temporary needs can include the following issues:
In Florida, nonpayment of Child Support Can Equal No Driver’s License
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Florid child support payments are required by law and an order is established either through an action for divorce or paternity. If child support is not paid, the responsible party’s driver’s license can be suspended through the Division of Driver’s License (Department of Highways and Motor Vehicles). According to Florida Statutes, §322.058 suspension of a driver’s license can be done when the Division of Driver’s Licenses has notice that the responsible party failed to comply with the law.
Options in Dealing With a Florida Teenage or Unwanted Pregnancy
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Teenage pregnancies or unwanted pregnancies seem to be a common topic in American culture. From Sarah Palin’s daughter to Jamie Lynn Spears who was 16 and pregnant, and to your own child possibly knowing someone in school that is pregnant. There are options available, but knowing them is half the battle.
Establishing a Parenting and Timesharing Plan in Florida Divorce and Paternity Cases
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
As a Jacksonville attorney handling time-sharing issues with a client comes second nature since I grew up in such an environment. For family law clients, dividing holidays, birthdays, and vacations are a concern as they go through a divorce or paternity action. Florida requires parents to file a parenting plan that defines the time-sharing (visitation) plan they will follow. In Jacksonville, Florida, we have the 4th Judicial Circuit Visitation Guidelines, which were designed by the court to make division of time easier on parents when they cannot reach an agreement. Since the parenting plan became a necessity, the guidelines lay out an idea for parents, but are no longer simply followed by the Court, however, they are generally going to be the minimum time-sharing imposed on the parties.
Florida Child Support and Bankruptcy: What Are Your Options?
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
While Jacksonville, Florida has an influx of bankruptcy filings over the last few years, child support continues to be ordered in divorce and paternity actions. If a parent files bankruptcy after child support is ordered, then Bankruptcy does not discharge that support obligation.
In Florida, Can Alimony Be Discharged in Bankruptcy?
Bankruptcy filings in Jacksonville, Florida have increased since the recession began. For many people going through a divorce or having been divorced where alimony is a factor often wonder if the alimony obligation can be discharged in bankruptcy.
According to the bankruptcy laws, only certain items are dischargeable in an action for bankruptcy as outlined inUnited States Code, Title 11, Chapter 13. According to bankruptcy and Florida law, the outcome from a discharge of an alimony obligation may be detrimental to the receiving party, therefore the alimony cannot be discharged in the bankruptcy court.
In addition, the debt incurred by a spouse, ex-spouse or child through a divorce action cannot be discharged by the bankruptcy, according toSection 523(a)(15) of 11 U.S.C. Sec. 23 .
Using A Personal Property Appraiser In A Florida Divorce
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Florida law requires equitable distribution of marital property in divorce cases. Furniture and items purchased or received during the marriage or anticipation of the marriage (wedding gifts: Greenberg v. Greenberg, 698 S.2d 938 (Fla. App. 1997)) are considered marital property and subject to distribution. Equitable distribution is based on the value of the property and furniture. The idea is to give each party the same monetary value of property.
Alimony In A Short Term Florida Marriage
The Florida Statutes 61.08 (4) define marriage durations for alimony as follows:
For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 7 years, a moderate-term marriage is a marriage having a duration of greater than 7 years but less than 17 years, and long-term marriage is a marriage having a duration of 17 years or greater. The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage.
In order for the court to make a determination of an alimony award, it must have evidence before it that establishes a factual basis for alimony. The court must determine both entitlement and amount to make an alimony award. The primary factors for entitlement are need of the payee spouse, ability of the payor spouse and the standard of living established during the marriage.
Generally, in a short term marriage, alimony is not awarded or is a negligible amount. However, that is usually because the party seeking it did not present evidence to establish a basis for the award. A spouse can always argue for an award of alimony but must be prepared to support a finding of fact for the award.