Recent Blog Posts in December 2009

The case of Douglas Miller is one many parents can relate to. 

Miller always worked hard to ensure he could make child support payments for his daughter.  But when he was unexpectedly laid off as a result of the hard economy, Miller was no longer able to afford payments.  Having fallen behind on his child support obligations, the state suspended his driver’s license, a common penalty for parents who fail to pay support.

Miller eventually got a new job, but when he went in to get his driver’s license reinstated so he could drive to work the court said no. The court would not reinstate his license until he paid back the child support he owed.

With no license, Miller knew he couldn’t get to work. Frustrated, he was able to get help from Sen. Wilson Beffort. Beffort understood that sometimes there needs to be exceptions to the rules.  The New Mexico human services department also said that if there’s proof a parent has a job opportunity, they will work with the parent to help get their driver’s license back.

But for Miller, getting his license back wasn’t easy or simple.  “I had to jump through hoops,” he said.

Miller’s license was eventually reinstated and he now has a job where he is able to continue making child support payments for his daughter.

The case of Christopher Martin of Sarasota sheds light on a paternity issue that all men should be aware of.

Martin’s situation began when he had sex one night with Dannis Barrows, a woman he previously had a romantic relationship with but was no longer involved with.  When Barrows claimed to be pregnant with his child, Martin believed her.

The Florida child support agency then urged him to sign a form acknowledging his paternity of the child, and, because Martin didn’t know otherwise, agreed to do so without insisting on a paternity test. Then, at some point, Barrows revealed that Martin was not the father of the baby.

Martin then asked for a paternity test, but the court would not grant him one.  Martin said Barrows intentionally kept the child away from him so that he couldn’t get the sample he needed for a private DNA test, and that she even took him to her native Colombia where she left the baby with relatives for about a year while she returned to Florida.

During that time, Martin stopped making child support payments, even though the state kept coming after him for money.

Martin’s luck changed when Barrows brought the child back to Florida and not long after was arrested for DUI with the boy in the car.  Martin got the child briefly, during which he swabbed the boy’s check and got a private DNA test.

That’s when he learned the truth: he was not the boy’s father.  Martin brought this fact to the attention of the court, but the court said it could not consider the test results as evidence in his case.  Why? The court said it could not guarantee that the samples were actually taken from Martin and the boy.  

What should people take away from this?  That even if you get your own DNA test, it does not mean the court has to consider the results. Furthermore, if the results indicate that you are not the father, the court can still require you to pay child support.   You must get a DNA test through the court in order for it to consider the results as evidence in your case.

So Martin tried to obtain a court-ordered paternity test but was unsuccessful. That’s where luck came in again.  Barrows was arrested on DUI charges again, and again the child was in car.  That’s when the courts finally became concerned for the boy’s well-being.  The courts tried to give custody to Martin, but he refused, saying the boy was not his son. The courts then ordered him to take a paternity test.

When the results indicated that he was not the father, Martin thought his child support obligations would end there.  Turns out that wasn’t the case.  

Under Florida law, in order for a man to dissolve paternity he must be current on all child support payments.  Since Martin is more than $30,000 behind on his payments, the state won’t dissolve his paternity.

Martin is now fighting to get his paternity dissolved by applying another statute. The law says that paternity can be dissolved “only on the basis of fraud, duress, or material mistake of fact.”

In Martin’s case, because Barrows lied to him about the real parentage of her son, both fraud and material mistake of fact could apply.

For now, Martin’s case still remains unresolved.  Who knows if he will ever get off the hook, or if the state will continue to hold him financially responsible for the child. 

A man was able to kidnap his 10-year-old son after showing police false documents from Mexico that said he was the legal guardian of the boy.

Nearly two months after the boy was handed to his father, Jean Philippe Lacombe, police have issued an arrest warrant for Lacombe, who is facing charges for kidnapping, perjury, and interference with child custody.

When Lacombe’s marriage to the boy’s mother, Berenice Diaz, began to dissolve in 2005, Lacombe was originally granted custody in Mexico City, where the couple lived.  However, because Lacombe failed to abide by the visitation rules, custody was eventually granted to Diaz.  Ever since, Diaz and Lacombe have been involved in a bitter child custody battle.

Diaz told reporters that in 2005 Lacombe took the boy to France, and that she spent two years fighting to get him back.  She eventually moved to the United States because she thought it would protect her from Lacombe, who has French and Mexican citizenship.  Now she fears she will never see her son again.  Diaz says Lacombe is a millionaire who recently married a Russian woman, so her son could be anywhere.

“I thought in the United States, nothing like this would happen to me,” Diaz told reporters.

But Diaz isn’t the only parent involved in an international custody battle.  A Tennessee man recently made headlines when he flew to Japan to try and bring home his two children, who were taken by their Japanese-born mother from their Tennessee home, only to be detained by Japanese officials. This was in spite of the fact that the man had been granted custody by a U.S. judge. Countless other parents have gone through and are currently involved in custody battles in which their child has been whisked away to foreign countries by a parent who is a national of another country. And because there are no international child custody laws established, it is often a long and difficult battle to get these children back into the United States.

If you going through a similar situation, please do not hesitate to contact Jacksonville child custody lawyer Scott Ellerin today for experienced and dedicated legal counsel and representation you can depend on!

There is no specific formula that is used to determine alimony. If the parties can reach an alimony arrangement on their own, the court will most likely agree to uphold the arrangement.  However, when the courts get involved, there are several factors that will be taken into consideration when determining alimony, such as:

• The duration of the marriage
• Each spouse’s financial contributions to the marriage
• Each spouse’s non-economic contributions to the marriage
• Each spouse’s current income and financial resources
• Whether one of the spouses stayed home to raise children
• Whether one of the spouses worked while the other pursued higher education, a technical degree, or a trade skill
• The standard of living the couple shared during their marriage
• How property was divided
• Each spouse’s age and health

Contact a Jacksonville Spousal Support Attorney

If you are considering filing for divorce in Jacksonville, it is important to hire an experienced attorney to represent you throughout the divorce process and make sure your rights and best interests are protected at all times. Whether you are seeking alimony, or your ex-wife or husband is seeking alimony from you, you can trust Jacksonville divorce lawyer Scott Ellerin to uphold your rights under Florida family law, and help to resolve your case in a way that protects your financial interests.

To schedule a consultation with Mr. Ellerin, please fill out an online case evaluation or click here to  contact the office today!

Enforcements are commonly sought for child custody orders, visitation orders, child support orders, and spousal support orders.  Each party named in the order is accountable for complying with their responsibilities outlined in the order.  When one of the parties fails to fulfill their responsibilities, the other party can seek an enforcement of the order.  

The state of Florida still does not recognize common law marriages . What does this mean for you?  This means that if you and your partner have chosen not to get married, but want to remain committed to each other, you will need to speak with an attorney about how you can protect yourself in the event that something happens to your partner.

Jacksonville family law attorney Scott Ellerin respects all types of relationships, and is committed to helping you find the best solution for you and your partner. If you and your partner live together but simply do not want to get married, you should consider drafting a cohabitation agreement .  In a cohabitation agreement you can include specific instructions for how you wish your property and assets to be divided and allocated in the event you become incapacitated or you pass away.  A cohabitation agreement can also include how joint property will be divided and split in the event that you and your partner decide to break up. 

Consult an Experienced Attorney about Drafting an Agreement

Without a cohabitation agreement in a place, a messy and drawn-out legal battle could ensue following an injury, illness, death, or separation. Take initiative and protect yourself, your rights, and your future by consulting an attorney about drafting a cohabitation agreement.  As an experienced Jacksonville family law attorney, Scott Ellerin has helped many clients draft cohabitation agreements customized to their specific needs, and would be more than happy to provide the same service to you.

To begin, please contact the law office of Scott Ellerin today or simply click here to fill out an online case evaluation .

Captain Cheyne Parham, a U.S. soldier, said the rights he has fought to protect are not being upheld.  For the past year, Parham has been fighting to bring his wife and two daughters to the United States from the Philippines.

Parham’s fight began after the American consulate in the Philippines denied his family a U.S. passport.  The reason? The consulate doubted the paternity of Parham’s children, even though Parham produced birth certificates, a marriage certificate, insurance forms, and a court ruling saying the children were his.  He even took a DNA test to prove he is the biological father of the children.

“We sampled my wife, one of my daughters, because the other one was sick at the time, and I got sampled as well. The results came in…and 99.98 percent of American Caucasian males are excluded from being the father,” explained Parham. “So it’s 99.99 percent I’m the father.”

Despite the convincing evidence, Parham says the American consulate is requiring that he and his family submit to another DNA test, this one conducted by officials at the consulate.

Parham vows that he will keep fighting until his wife and two daughters are allowed into the country.  Parham says he also feels his struggle will help other members of the military in similar situations.

“I have a responsibility to every other service member who has been through this, and that will be in this situation. Because if I don’t fight then the wrong will just happen again.” said Parham.

Experienced Jacksonville Military Attorney

Scott Ellerin is a Jacksonville military divorce attorney who has considerable experience representing all members of the United States military in divorce proceedings and child custody cases.  He is not a stranger to paternity issues involving military personnel, has the experience and legal skill to represent any military serviceman or woman involved in a paternity disagreement or child custody dispute.  If you are searching for an experienced military divorce lawyer in the Jacksonville area, please do not hesitate to contact Attorney Scott Ellerin today!

As of October 1, 2008, pursuant to the revised statutes of Florida family law, the term “child custody” has been replaced with “parenting plans” and “visitation” has been replaced with “time sharing.”

All divorcing couples who have children under the age of 18 are required to adopt a parenting plan before the divorce can become finalized. The purpose of a parenting plan is to ensure children continue to have relationships with both of their parents by maintaining frequent contact.  A parenting plan must outline how the parents will share time with the children and be involved in their daily lives.  This includes details in regards to time sharing, each parent’s part in raising the children, and each parent’s responsibility for the children’s education, healthcare, religious practices, and extracurricular activities.

A time sharing schedule outlines where the children will live, when the children will visit each parent, and the length of each visit.  Since custody may not be split equally, it can also give details on how minor children are to spend holidays and summer vacations.  The purpose of time sharing is to ensure that both parents get an equal amount of time to spend with the children (or as close to equal as possible).  The state of Florida considers it in the children’s best interest to maintain strong relationships with both parents after a divorce.

In essence, the point of both parenting plans and time sharing is to promote a stronger and healthier family dynamic, despite the fact that the parents are no longer living under the same roof.  Parents are to continue sharing the duty of raising and caring for their children, unless the court determines one parent is unfit to have shared parental responsibilities. 

According to a new report issued by the Pentagon, the divorce rate among service men and women in the military has increased a full percentage point since the September 11 ^th attacks.

In the last budget year, there were approximately 27,312 divorces among the 765,000 married members of the military.  This figure includes active military personnel in the Army, Navy, Marine Corps, and the Air Force.

Based on these numbers the divorce rate for the fiscal year of 2009 is 3.6 percent, compared with last year’s figure of 3.4 percent.

The divorce rate among reserve members of the military has also increased, with 2.8 percent of reservist filing for divorce compared to 2.7 the previous year.

The report also indicates the divorce rate is higher among female members of the military as opposed to men.  In 2009, 7.7 percent of women filed for divorce compared to just 3 percent of men.

A reason for the increase?  Experts believe the stress of being in a war zone and the fear of dying can affect soldiers’ attitude, behavior, and personality.  Since 2001, when the first troops were deployed to Iraq and Afghanistan, thousands of U.S. soldiers have been killed and countless more have been injured.   In addition, the public’s support of the war has also gone down in recent years, with many Americans now opposing the war and thinking the war is no longer worth fighting for. 

Both of these factors are enough to cause someone to lash out at loved ones, become depressed or withdrawn, or simply become an angry person. 

Jacksonville divorce lawyer Scott Ellerin has vast experience handling military divorces , and is familiar with the unique issues involved in these types of divorce cases.  If you are a member of the military and are considering filing for divorce, contact Attorney Scott Ellerin today for experienced and dedicated representation.

The troubled economy has had an interesting effect on marriages throughout the country. Every day it seems as if a new article is published about the effects of the economy on the divorce rate.  One article says the economy is pushing couples apart, another says the hard economic times have spiced things up in the bedroom, while other articles talk about how unhappily married couples are staying together because they cannot afford to hire a divorce lawyer.

It makes sense that a poor economy would have at least some effect on relationships.  After all, money and job security is a huge aspect of a person’s self-worth and a family’s ability to survive.  When money is tight, it could stir up any number of emotions.  Some couples become closer after going through a difficult time, both intimately and emotionally.  When there isn’t enough money to spend on leisure activities, some couples turn their attention to the bedroom, reigniting what caused them to fall in the love in the first place.  On the complete opposite side of the spectrum, other families are torn apart.  For some couples, the stress and frustration of the situation can lead to so much fighting and bickering and blame that it drives them apart, ultimately ending in a divorce.

Then there are those articles about couples who are unhappily married but stay together because they cannot afford to get divorced, either because they cannot afford to hire a divorce lawyer, or because they cannot afford child support, spousal support, or supporting oneself on only one income.  

Once the economy finally begins to turn around, it will be interesting to see what happens to these couples and the divorce rate. Will the divorce rate go down? Will more couples stay together in a strong economy? Only time will tell.

Considering filing for divorce? Contact Jacksonville divorce attorney Scott Ellerin today!

While many people enjoy the hustle and bustle of the holiday season, the holidays aren’t favored by everyone.

Experts say that stress from the holidays can actually lead to more incidents of domestic violence, especially if there is already a history of violence or abuse in the family.

It is believed that the pressure to constantly be happy and cheerful can cause someone crack and express their frustrations through violence.  Another cause? Money. Especially during these hard economic times, not everyone has enough money to buy presents for friends and loved ones.  Feeling strapped for cash can not only be stressful, but many people also feel angry when they can’t afford to buy gifts when they want to or feel they are expected to.   This may cause them to act out through violence.

In other cases the holidays stir up deep seeded emotions that have been suppressed.  When these emotions come to the surface, an individual may not know how to handle them, consequently taking out their feelings and emotions by hurting others.

Brian O’Connor of the Family Violence Protection Fund agrees.

“The holiday season and just the overall pace of it, that really compounds some of the deeper-seeded issues around, say, a history of violence,” said O’Connor.

During a divorce, the division of assets is referred to as equitable distribution. Many people misinterpret the term equitable distribution, thinking it means equal distribution.  Equal distribution is the process of dividing a couple’s marital assets and debts equally.  Equitable distribution is the process of dividing a couple’s assets and debts in an equitable manner.  Equitable means fair.  This means the judge will need to review all of a couple’s assets and debts, as well as each spouses’ contributions, to determine what would be the fairest way to divide the assets.

Some other factors the judge might take into consideration include:

• The contributions of each spouse to the marriage, including both financial contributions and non-economic contributions
• Each spouse’s income and financial situation
• How long the couple was married for
• If one spouse stayed home from work to care for children while the other pursued a career or advanced education
• If one spouse provided the sole income while the other went back to school or developed a trade skill
• Each spouse’s wishes in regards to the real estate, vehicles, jewelry, furniture, time shares, etc.
• If children would have to move from the current family home
• If one spouse owns a business or practice

When it comes down to it, the judge is simply looking for a fair way to divide the assets and debts between the spouses.  However, as you can imagine, this can become very complicated and hotly contested when the parties involved have conflicting opinions over how the debts and assets should be divided.

If you are going through a divorce, Jacksonville divorce attorney Scott Ellerin can make sure your wants, needs, and concerns are understood and acknowledged by the judge, and protect your rights and best interests throughout the divorce process.  If you are interested in scheduling a consultation to discuss your case, please contact Scott Ellerin today or click here to fill out a free case evaluation.

At one point, not very long ago, mothers were so obviously favored in matters involving child custody, child support, and alimony.  Today, judges recognize the vital role a father plays in his children’s lives, and now treat them equally when making decisions in regards to custody and support. Well, most of the time.  Unfortunately, even in these modern times fathers’ rights are still being overlooked or ignored for one reason or another. 

If you are a father who is going through a divorce or separation, or if you are fighting for custody or visitation rights, you should take a moment to contact attorney Scott Ellerin. As an experienced Jacksonville fathers’ rights lawyer, Mr. Ellerin has witnessed many men treated unfairly in the family court system, and is committed to helping his clients avoid this mistreatment.  Mr. Ellerin believes in the value a strong relationship between a man and his children, and can ensure your parental rights are not undermined by your ex-wife or girlfriend in any way.

Do You Feel Your Rights as a Father Are Being Ignored?

If you feel you are being treated unfairly in court, or if you feel your ex wife or girlfriend is trying to sabotage your custody or visitation rights, there are things that can be done to put an end to this.  When it comes down to it, the judge will base his or her decision on what is in the best interest of the child. An attorney can gather the evidence and testimony from social workers and child psychologists that will convince the judge that you deserve to have custody or visitation rights to your children.  An attorney can also help if your ex-wife or girlfriend is asking for an unreasonable amount of child support.  There is a fine line between providing enough money to ensure your child has the financial resources he or she needs, and being taken to the cleaner.  Mr. Ellerin can protect your best interest during child support hearings, and help you reach an arrangement that is fair to both you and your children.

Do not allow your rights to be ignored or overlooked in anyway.  Jacksonville father’s rights attorney Scott Ellerin can advocate your parental rights and ensure your case is resolve in a way that preserves the relationship you cherish with your kids.

Contact the Law Offices of Scott Ellerin today!

During a divorce, it may be difficult for the parties to agree upon issues such as child custody and visitation, child support, alimony, division of property, and more.  So much so that the constant bickering, fighting, and arguing can lead to a highly volatile situation.  When the parties are unable to resolve the various issues of their divorce, it is referred to as a contested divorce.  If possible, it is to your advantage to avoid this type of situation.  Not only do contested divorces tend to be emotionally draining, but because the parties cannot reach mutual decisions, they can also take months, if not a year or longer to resolve.   In the end, this means more money, more time, and more stress for you.  The longer a divorce battle rages on, the more money you can expect to spend in the long run on attorney fees and court costs.

The opposite of a contested divorce is an uncontested divorce.   Uncontested divorces are met with little turmoil, as the parties are able to amicably reach decisions over the dissolution of their marriage. When both parties are able to agree on the various issues of their divorce, it makes the process goes much more smoothly, ultimately saving both parties a great deal of time, money, and unneeded stress and anxiety.

How a Skilled Jacksonville Divorce Attorney Can Help

If you have decided to file for divorce, Jacksonville divorce lawyer Scott Ellerin can help you work towards addressing the various aspects of your divorce in an amicable manner.  If any discrepancies, disagreements, or arguments should occur, Mr. Ellerin can help you resolve them quickly, so you can focus on what is most important: resolving your divorce quickly, efficiently, and in a way that meets your satisfaction!

Filing for divorce in Jacksonville or the surrounding area? Contact Jacksonville divorce attorney Scott Ellerin today!

The decision to draft a prenuptial agreement is one of the most difficult issues for a couple to discuss.  While many people want to protect their assets in the event of a divorce, divorce is also the last thing they want to discuss right before getting married.  If you are planning to get married, it is important to strongly consider filing a prenuptial agreement.  You’ll be thankful you did in the long run.

Benefits Prenuptial Agreements

There are many benefits to having a prenuptial agreement on file.  First and foremost, with a prenuptial agreement you can protect any specified marital or separate assets.  While this is especially important in high net-worth cases, it is valuable for anyone who has assets they do not wish to lose during the property division stage of a divorce.  A prenuptial agreement can also give detailed instructions on how a couple wishes alimony, child custody, and child support to be resolved should the marriage end in divorce.  Having these instructions already in place will speed up the divorce process, and prevent you from getting drawn into a contested divorce battle.

Draft Your Prenuptial Agreement Today

Before getting married, take some time to speak with your fiancé about drafting a prenuptial agreement.  You are both mature adults, and there is no reason why this should become a hotly contested issue.  You have nothing to lose by filing a prenuptial agreement, but without one you could lose everything in a divorce.

As an experienced Jacksonville divorce attorney, Scott Ellerin has seen what can happen when a couple does not have a prenuptial agreement on file.  Protect yourself and your assets by filling out a free case evaluation to arrange a consultation with Mr. Ellerin about drafting a prenuptial agreement.  If you are already married, Mr. Ellerin can help you draft a post nuptial agreement instead.

Few things in life are as emotionally charged as a child custody dispute.  Countless parents have gone to war over the custody and visitation arrangements of their children, and as a result have lost thousands of dollars in legal fees and hours and hours of their time.

If you are involved in a child custody dispute, it is important have an experienced attorney working on your behalf.  Not only can an attorney provide you with legal guidance and advice throughout your case, but an attorney can also advocate your rights to ensure your wants and concerns are not overlooked or ignored.  Often times, especially in contested divorce cases, one parent will try to paint a negative picture of the other parent.  When this happens, an attorney can stand up for you to ensure the other parent’s attempts to undermine you do not affect your chances of reaching a child support or visitation arrangement that works in your favor. 

It is important not to underestimate the value of resolving your case quickly, as legal fees can quickly add up.  Furthermore, lengthy custody battles often involve bickering, fighting, name calling, and other negative behavior that can quickly become emotionally exhausting. An attorney can help you remain focused on what is most important: finding an arrangement that best serves the needs and lifestyle of both you and your children.

Contact a Jacksonville Child Custody Lawyer

Since starting his practice, Jacksonville child custody attorney Scott Ellerin has represented many clients involved in divorce and child custody cases.  Mr. Ellerin can help you work through any disagreements or arguments that may prevent you from settling your case.

Interested in learning more about the services offered at the firm?  Please fill out a free case evaluation or click here to contact the firm!

The blanket ban on gay adoption in Florida may soon be lifted, thanks to a Miami judge who recently determined the ban was unconstitutional.

Overturning the ban is sure to stir up controversy, especially as the gay marriage debate continues across the country. But for many Floridians this could mean they will finally have the chance to expand their families.

The issue was brought to public attention when Martin Gill, a gay man in North Miami whose been living with his partner for nine years, asked the court if he could adopt two foster children he has been caring for for nearly 5 years.  All of the social workers monitoring this case agree that Gill would be approved for adoption if it were not for the ban, since both boys have thrived since they started living with him. 

Miami-Dade Circuit Court Judge Cindy Lederman agreed and approved Gill’s adoption of the two boys, concluding that sexual orientation should not be a factor in determining whether or not someone is fit to be a parent.

An appeal is expected to come any day now, and when it does, the case will move to the Florida Supreme Court.

This case is unique in that it not only questions the constitutional right to adopt a child, but that there is documented evidence that children can thrive in a gay household.  This challenges opponents’ number one argument: that a gay household is not conducive to raising children, nor is it in the best interest of a child’s well being.

Needless to say, we will be monitoring the progress of the case and this issue to see what happens.

If you are interested in learning more about adoption or child custody issues, please do not hesitate to contact Jacksonville family law attorney Scott Ellerin for experienced legal counsel and personalized service.