Family Issues of Today

Child Custody: Contesting Relocation

You may find that the primary custodian of your child is considering relocating with your child. If the other parent has petitioned for relocation you may have meritorious objections to the relocation. You must file an answer that includes all the reasons for objecting to the relation. The answer should demonstrate the amount of participation and involvement you have in your child's life. The more active you are in your child's life the less likely a court will order relocation. Relocation is ...

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Staff 10/28/2011 5:19:00 PM Comments(0)

Alimony: Modifying Durational Alimony

A recipient or payer of durational alimony may wish to modify either the length or the amount of the award. The length of a durational alimony award may not be modified unless the individual seeking modification can prove exceptional circumstances. Further, even if the length is modified, it cannot exceed the length of the marriage. The amount of durational alimony can only be modified upon a showing of a substantial change in circumstances. A substantial change in circumstances must be materi...

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Staff 10/10/2011 2:19:00 PM Comments(0)

Establishing Paternity for Unmarried Biological Fathers

It is important that unmarried biological fathers establish their paternal rights. While an unmarried mother does not have to prove her maternal connection to her child, an unmarried father must prove his paternal connection to the child if he would like to be involved in the child's upbringing. In Florida, an unmarried father may register himself in the Florida Putative Father Registry to establish his paternal rights. By asserting paternity, the unmarried father demonstrates his intent and wil...

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Staff 9/27/2011 10:43:00 AM Comments(0)

Premarital Agreements

Premarital agreements are an excellent method of not only protecting your assets, but also the assets of your future spouse. Premarital agreements may also contain a number of important provisions that are meant to establish the rights and obligations of both parties in the event of a termination of the marriage. The agreement may govern the control over any property acquired by either party, spousal support following the termination of the marriage and various other financial arrangements. It...

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Staff 9/9/2011 4:30:00 PM Comments(0)

Alimony: Medium Term Marriages

Medium term marriages are those that are more than seven but less than seventeen years in length. There is neither a presumption for or against alimony. As a result, a court must analyze the following factors to determine what type of alimony to award: a The standard of living established during the marriage. b The duration of the marriage. c The age and the physical and emotional condition of each party. d The financial resources of each party, including the nonmarital and the marital asset...

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Staff 8/25/2011 4:59:00 PM Comments(0)

Durational Alimony

In July of 2010, Florida legislature enacted a new statute that significantly changed alimony awards in Florida. As part over the large alimony overhaul, the Florida legislature created Durational Alimony. Durational alimony may be awarded to marriages that short or moderate in duration. Durational alimony's purpose is to provide a former spouse with support where permanent periodic alimony is inappropriate. The award provides a former spouse with economic assistance for a period of time followi...

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Staff 8/18/2011 12:09:00 PM Comments(0)

Alimony: Short Term Marriages

In Florida, marriages that are less than seven years in length are considered short term marriages. In short term marriage, there is a presumption against awarding alimony. However, this presumption against alimony for short term marriages does not necessarily bar any and all alimony awards. Courts have demonstrated a willingness to award alimony following a short term marriage in situations where a divorce would create great inequity for a former spouse. A former spouse seeking alimony must sho...

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Staff 8/4/2011 12:32:00 PM Comments(0)

Non-Marital Property

Florida is an equitable distribution state meaning that any property acquired during the marriage as well as other assets is divided equitably. Property acquired before or outside of marriage in non-marital property. This would include but is not limited to gifts, inheritances and personal injury settlements. The line between marital and non-marital property can be blurred. This would happen when non-marital assets are commingled with marital property. For example, when the proceeds of the sal...

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Staff 7/21/2011 11:40:00 AM Comments(0)

Child Support: Voluntary Reduction in Income

Child support orders may be modified for various reasons by either parent. A paying parent may have a child support order modified if they can prove a substantial change in circumstances. A significant decrease in a paying parent's income generally qualifies as a substantial change in circumstances. However, the reduction in income must be involuntary and permanent. A paying parent cannot reduce child support payments by voluntarily reducing income, just to avoid paying child support. Retire...

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Staff 7/8/2011 12:13:00 PM Comments(0)

Bridge-the-Gap Alimony

Bridge-the-gap alimony is awarded by courts to assist a former spouse during their transition from being married to being single. Bridge-the-gap alimony aims at meeting the legitimate short term needs of a former spouse. The length of bridge-the gap alimony awards is relatively short and may not exceed two years. A former spouse will receive bridge-the-gap alimony so that they may pay some expenses until the former spouse may become self-supporting. In determining whether a former spouse m...

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Staff 7/8/2011 12:05:00 PM Comments(0)

Alimony Awards Based on the Duration of Your Marriage

The length of your marriage affects the possibility of paying or receiving alimony. Florida courts take into consideration many factors in determining an award of alimony. Generally, as the length of a marriage increases the chances of alimony in your case increases. Florida has divided the length of marriage into three categories: short term marriages last less than seven years; moderate term marriages last from seven years up to seventeen years; and long term marriages last seventeen years...

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Staff 6/20/2011 10:22:00 AM Comments(0)

Alimony: Modification Due to Health

Alimony after Final Judgment may be modified. For example, a former spouse's health may begin to decline. The ability to work may be impaired. In some circumstances, Florida courts permit a spouse to seek an increase of alimony because of declining health. To obtain an increase in alimony, a former spouse must prove a substantial, material change in circumstances since the date of the final judgment. If circumstances have negatively affected your ability to seek or maintain employment, you m...

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Staff 6/16/2011 10:05:00 AM Comments(1)

Child Support Calculation

A parent paying child support may lose a job. If you have lost your job, you still owe child support until the Court changes the child support amount. You will need to take action to suspend paying child support while unemployed. Make sure you document all efforts to either find employment or improve your current situation so your attorney is completely prepared when representing you. If you have lost your job and need relief from child support, contact The Wheelock Law Firm in Dr. Phillips, Orl...

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Staff 4/12/2011 10:11:00 AM Comments(0)

Out of State Child Support

Even if child support was ordered by another state, Florida may enforce the child support order. If your ex-spouse or parent of the child has moved to Florida, even if you are in another state, Florida may enforce the child support amount. You will need to request that the Florida Court accept jurisdiction. Then, the Florida Courts will enforce the child support amount. In some circumstances, the Court may find the non-paying parent in contempt and impose sanctions. If you are having trouble rec...

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Staff 3/31/2011 10:30:00 AM Comments(0)

What Tax Changes Will I Experience After Divorce?

A divorce may have tax consequences. You should consider changes to your filing status, the number of withholding allowances, claiming the children and the tax effects of alimony and pension distributions. In many complex tax situations, you should also consult an accountant or other tax expert. Your attorney should work with you and your tax expert to make sure you fully understand and plan for any tax matter. If you are facing divorce and have questions, contact The Wheelock Law Firm in Dr. Ph...

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Staff 3/23/2011 11:43:00 AM Comments(0)

Pre-Marital Debt...Are You Responsible?

Are you responsible for debts accrued by your spouse before you were married? Normally only debts accrued during the marriage, or marital debts, will be considered partially your responsibility. However, if your name is on the loan, if the loan was used for your benefit or if a new loan was taken out in both your names after you were married to pay off the old premarital debt, you could both be held partially responsible for paying the debt. If you are facing divorce and have questions about pay...

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Staff 3/22/2011 10:19:00 AM Comments(0)

Social Media Is Bad For Divorce

While you may use Facebook or another social media as an outlet, it is ill-advised to use the internet to vent about a soon-to-be ex-spouse. Even if it's meant to be innocent, or just conversation, anything can be subject to misinterpretation and used against you later. In fact, the best advice is to keep your cards close to the vest and only discuss your divorce with your lawyer. If you are facing divorce, contact The Wheelock Law Firm in Orlando at 407-648-5742 to schedule a consultation.

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staff 2/28/2011 9:12:00 AM Comments(0)

Keep Solid Financial Records

If you are facing divorce, one of the most important things you can do is keep accurate financial records and disclose all financial information to your attorney. Your credibility and the outcome of your case could depend on it. Make sure you supply copies of your paycheck stubs, your spouse's paycheck stubs if possible, the last four years of tax returns, any check ledgers and copies of credit card statements and any other financial documents you have possession of. Financial information for bo...

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Staff 2/26/2011 8:06:00 AM Comments(0)

Don't Conceal Information

If you're going through a divorce, it is imperative that you disclose all information to your divorce attorney, even if you think it's not an issue. Chances are, if you do not disclose all information to your attorney, it will still come up from your spouse or your spouse's attorney during a deposition, or worse, during an argument in court and your attorney will not be prepared. Unfortunately, by that time the damage could be irreparable. Many people don't want to share things that may seem too...

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Staff 2/23/2011 9:20:00 AM Comments(1)

Divorce and Bankruptcy

If you are overwhelmed with credit card debt and considering divorce, you may want to consult with a bankruptcy attorney prior to filing for divorce. If you wait until after your divorce to file bankruptcy, some of your debts may not be dischargable due to provisions in the Marital Settlement Agreement and Final Judgment of Divorce. Only in rare circumstances does the bankruptcy code allow for obligations in Marital Settlement Agreements to be discharged or avoided in a bankruptcy proceeding. Wh...

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Staff 2/21/2011 11:25:00 AM Comments(0)

Biological Parents Can Lose Rights

Could marriage carry more weight than actual paternity when it comes to child custody and parental rights? There have been cases when biological fathers lose their rights to their children when the children's mother is married. If you're facing confusing paternity issues, contact our office at 407-648-5742 to schedule a consultation.

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Staff 2/14/2011 9:47:00 AM Comments(0)

Residency Can Affect More Than Your Address

Where do you reside? Residency may affect your ability to vote or run for office. Residency also determines whether you are able to file for divorce in Florida. However, you do not have to be in Florida to file a Florida divorce. For example, military servicepersons all over the world may be Florida residents and can file for a Florida divorce. If you have questions about whether you are eligible for a Florida divorce, contact The Wheelock Law Firm at 407-648-5742.

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Staff 1/31/2011 11:04:00 AM Comments(0)

Custody, parenting and time with childen

Nothing is more important than the health, safety and well-being of your children. Florida does not award custody or says that one parent is the primary residential parent. You and your spouse will design a Parenting Plan for all matters about your children. If you and your spouse do not agree on something about your children, the Court will set up a Parenting Plan for you. The Parenting Plan will determine how you and your spouse will parent the children, where the children will reside for scho...

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Staff Attorney 2/17/2010 4:13:00 PM Comments(0)