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By Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Many children in North Florida and the Jacksonville, Florida area are born out of wedlock. I often receive calls from unmarried fathers and mothers who mistakenly believe that since the father’s name is listed on the birth certificate, that the father has established his paternity or legal parentage. That is not so! Florida law differentiates between paternity and parentage. Unmarried fathers must petition the Courts to obtain their parental rights and have a judicial order signed by a Judge that grants them paternity of the child. Establishing paternity by court order grants to the father timesharing or visitation rights, the right to be involved with important decisions regarding the child’s future, etc. If you are an unmarried father or mother looking to establish paternity in the Jacksonville, Orange Park, Fernandina or St. Augustine, Florida area, please call our firm for advice and answers. We look forward to helping you.

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By Whitney R. Lonker, Wood, Atter & Wolf, P.A.

wlonker@woodatter.com

In my family law practice in Jacksonville, Florida, many many people come to me for advice on divorce, child custody, child support, equitable distribution and alimony issues. All of these issues are quite stressful, and I see many people in their worst state emotionally. One thing I realize is that the pain from divorce is real. As you begin your healing from the divorce, you may experience all of some of the following symptoms of depression:

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by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Many times I will get a client in a dissolution case in Florida who has owned property or a business prior to getting married. Once you get the emotionalism out of the way in a divorce, the divorce actually becomes one of the biggest business decisions of your life. Normally, in Florida, whatever property one own before the marriage is considered to be non-marital property and should be awarded to the party who owned the property before the marriage. However, having said that, sometimes the courts will consider if the value of the property or business was enhance during the marriage and if so, the courts will award the other spouse an interest in the enhanced value accrued during the marriage. There are still actions that do not enhance non-marital property. For example, paying real property taxes on pre-marital property with marital funds does not enhance its value, converting some of its equity to marital. Just because some marital funds or labor have been contributed to the non-marital property or business during the marriage does not automatically mean that all enhanced value is marital for equitable distribution purposes. Call our firm for answers regarding how to best protect your non-marital property or business today!

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By Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

When there are young children involved in a dissolution action, the case usually has many post dissolution issues that arise as the children get older and new conflicts are created. One issue that continually appears is that the child decides the he/she would rather live with the other parent. To be able to bring a modification of a final judgment in a family law matter, the Courts require a substantial change in circumstances in order for a party to have the ability to bring the action. Many times the party attempting the modification relies on the fact that the child wants the change and that it is, therefore, in the child’s best interests. However, without having a substantial change in circumstances, the requested change in custody should fail. If the child wants the change and that desire is coupled by the fact that the child was too young to express a preference in the initial divorce proceeding, then that alone is considered a substantial change in circumstances. If you have questions regarding divorce or post divorce issues, please call me at 904-355-8888.

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By Whitney R. Lonker, Wood, Atter & Wolf, P.A.

wlonker@woodatter.com

The following are some tips to help you eliminate harming your economic interests when dividing the assets in a divorce in Florida. So many of my clients are so emotional about the divorce that they “throw in the towel” so to speak when it comes to dividing the assets. Follow these tips to keep your emotions in check and to help you look at the divorce as a business venture.

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Written By Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Money is a major source of stress for many people especially people who are in the throws of a divorce and who are scared about their financial future after the divorce. When a relationship breaks up and the parties are filled with so many different emotions, money is probably near the top of the list in worries. This is precisely the time to pay attention to your financial future and be very careful not to permit important financial decisions to go unattended in the flood of emotion. A divorce does not have to put you in the poor house. It is supposed to sever the legal bonds and also hopefully the emotional ones. Pursuing this end from a careful consideration of the legal bonds and the emotional bonds, a divorce attorney should be commited to creating successful financial solutions and to understanding how the emotionalism associated with money can disrupt the relationship during and after divorce. If you have a question about a divorce or equitable distribution issue, please call our firm for a consultation at 904-355-8888.

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Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Florida law provides for permanent alimony when certain statutory factors are met however, in the end, it’s still up to a Judge. Having said that, the length of the marriage is one factor the Courts look to in determining permanent alimony. Usually if the marriage is 10 years or fewer, the courts consider this a short-term marriage and there is a presumption against permanent alimony. If the marriage is 11-16 years, the courts deem this as a “gray area” length of marriage with no presumption either way for or against alimony. A marriage of 17 or more years is considered by the courts to be long-term with a presumption in favor of permanent alimony. However, the requesting spouse has to show a need for the support and the other spouse has to show an ability to pay it. On July 29, 2009, the Florida 3rd DCA stated that there is a strong factor support permanent alimony where a spouse remained home caring for the family rather than purusing a career for a significant period of time. If you need help with a dissolution, alimony, child support, child custody, relocation or equitable distribution issue, please call our firm at 904-355-8888.

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Written By: Lenorae C. Atter, Family Law Attorney

latter@woodatter.com

Are you paying child support after your rights have been terminated? Child support, according to Florida law, is the right of a child with parents living in separate households. The child support obligation begins at the child’s birth if the parents are not married, even if paternity has not been established. Once paternity is established, the Court can go back two years, within the life of the child, for back child support.

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Written By: Lenorae C. Atter, Florida Family Law Attorney

latter@woodatter.com

Florida grandparents now have rights to visitation with their grandchildren. After years of grandparents wanting visitation with their grandchildren and having no court action to take, the Florida legislature adopted Florida Statute 752.01, which allows for grandparents to file a petition for visitation with their grandchild.

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Written By: Lenorae C. Atter, Florida Family Law Attorney

latter@woodatter.com

In a Florida divorce, I realize there are divorce myths, which seem to circulate from Jacksonville to Miami. If you are going through a divorce there are certain myths that people seem to tell.

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100 N Laura St #702
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