Recent Blog Posts in 2010

There are many people who assume that after a divorce or a legal separation, primary child custody will automatically be awarded to the mother.  Yet, this is not the case in the state of Florida.

According to the family laws of the state, the court must give equal consideration to both the mother and father when reviewing a child custody case.  Then, the court must make a decision that is in the best interests of the child involved. 

In some cases, the court may rule that primary custody be awarded to the father or the mother.  In others, the court may order that joint physical and legal custody be awarded.  The decision of the court will depend upon the child's needs and other factors, such as the health of both parents and even the child's preference.

If you have questions about child custody in Florida, now is the perfect time to consult a Jacksonville family law attorney by contacting Ellerin & Hutchinson.

In Los Angeles, police say that they are investigating an 11 year old boy's suicide.  They say that they did not learn key information about the boy's abusive stepfather until after the boy hung himself.

The Los Angeles Times reported that the investigators on the case lacked key information because of communication difficulties with the Department of Children and Family Services.  On June 11^th, workers came to the boy's home after he told a counselor at his school that he wanted to kill himself.  Hours after their visit to the home, the boy was found dead.

After his suicide, investigators learned that the stepfather had a history of domestic violence and drug abuse.  He answered the door when workers arrived to speak with the boy even though the court had banned him from living at the home.

If you are a victim of domestic violence, it is important that you speak with an attorney that handles family law cases.  Domestic violence could impact the outcome of related family law matters, like divorce and child custody.  To learn how a Jacksonville family lawyer can help you, contact Ellerin & Hutchinson today!

In the state of Florida, when a child support order is issued by the court, the amount of support that is to be paid is based upon 1) the needs of the child and 2) the income of both parents.  Often times, parents experience changes in the income they earn.  When this happens, they may seek modification of child support, which is a change in the amount of support that is to be paid.

Parents may seek child support modifications anytime they:

§  want to add or remove a child from an order

§  want to add or remove medical support from the order

§  want to increase or decrease the amount of child support due to change in income

§  want to extend the time support needs to be paid

There are numerous reasons why parents may seek child support modification.  In order to know if their reasons are valid and will pass a Child Support Order Review, parents should work with a Jacksonville family law attorney at Ellerin & Hutchinson.  Contact us today to discuss modification.

More and more people are choosing to draft marital agreements in the United States to protect their assets and to ensure that important decisions are mutually agreed upon.  However, people must remember that certain factors must be met before a marital agreement will be considered legally binding.  These factors are outlined below:

1)  The marital agreement must be in writing.  If it is not in writing, it may not be enforceable in court.  All marital agreements should also be signed by both parties.

2)  Mutually binding promises.  Marital agreements should include mutually binding promises that have value for each party that signs the agreement.

3)  Full disclosure of assets.  When signing a marital agreement, each party must agree that the agreement is fair and that assets were fully disclosed.  This means that one party cannot hide information about income, assets or finances from the other party or else the agreement may not be binding.

If you are thinking about drafting a marital agreement, now is the time to get help from a Jacksonville family lawyer at Ellerin & Hutchinson. Contact our law firm now!

In the state of Florida, a child support order tells a parent exactly what he or she must do to support his or her child.  The amount of the child support order that is awarded will always be based upon the laws of the state and the state's child support guidelines, which are used to make sure that payment amounts are fair.

Generally, the state of Florida will consider the following factors and guidelines before determining the amount of a child support order:

§  Income of both parents

§  Children's health and health needs

§  Children's standard needs

After considering these guidelines, the court will decide upon the amount of child support a parent has to pay.  It is important to note that in some cases, the amount of child support awarded may be higher or lower than the state's established guidelines.  For example, if a child has special needs, the child support amount that is awarded may be higher.

If you would like to get an estimate of how much child support you will have to pay or will receive, you should speak with a Jacksonville family law attorney.  Contact our firm today to set up an initial case evaluation.

Divorce can be life altering for many people.  When a couple is married, they get into a routine and take control of differing responsibilities.  However, when the relationship comes to an end, spouses have to learn how to cope without one another and will have to take on additional responsibilities.

If you are currently going through a divorce or a legal separation, here are some things you can start doing now to make the post-divorce transition easier:

§  Learn to take control of your finances.  In many marriages, one spouse will take over the payment of bills and make sure the budget is balanced.  After a divorce, individual spouses will have to take over this responsibility, which can be daunting.  Start preparing your budget now and get in the habit of monitoring and paying your bills.

§  Organize important paperwork.  Put together a folder that will contain all of your important records and vital information, such as account number, bank statements and legal paperwork.  Should you need this information, it will always be accessible and you will know exactly where to look.

§  Build a network of friends and family.  After your divorce, you will need emotional support from time-to-time.  Having a network of friends and family that you can call in times of distress will help you get through tough times.

Going through a divorce in Jacksonville?  If so, now is the time to hire a Jacksonville divorce lawyer that can help you get through this challenging time.  To speak with an attorney, contact Ellerin & Hutchinson today!

Anytime a couple decides to separate or divorce and children are involved, the parents will have to create what is called a "parenting plan".  Essentially, a parenting plan is an agreement between both parents that, in the event that a conflict regarding child custody or visitation, presents solutions.  By creating parenting plans, mothers and fathers are often able to avoid future arguments as the terms of visitation and child custody are clearly outlined.

Parenting plans usually address things such as:

§  physical custody and parenting time

§  who has decision making authority

§  how children will be transported and exchanged between parents

§  who will have the children during holidays and school breaks

§  payment of child support

§  how disputes will be resolved

§  healthcare for children

§  overnight visitation and general visitation

§  how decisions will be made about the children

§  how conflicts will be resolved

§  insurance for children

§  taxes and wills

Are you looking for assistance with modification of a parenting plan in Florida?  A Jacksonville family lawyer from Ellerin & Hutchinson can help you.  Contact us now!

When it comes to property distribution, states will either distribute marital property equally or equitably.  The state of Florida happens to be an equitable distribution state, which means that family courts choose to distribute assets after considering factors like the length of the marriage, each spouse's income and the standard of living established during the marriage.

The majority of states distribute marital assets equitably, which is based off of British common law.  In states where equitable distribution applies, the court determines a reasonable distribution plan that may award spouses more or less than 50% of the marital assets.

In states that follow equal distribution laws, like Wisconsin, all assets and debts are distributed 50/50. 

Do you have questions about property division or equitable distribution laws?  If so, now is the right time to get answers from a Jacksonville family law attorney.  Simply contact Ellerin & Hutchinson to set up a consultation with a lawyer from our team.  

More often than not, before couples decide to part ways, there are obvious signs that divorce is on the horizon.  Below, some common signs of divorce are identified:

§  One or both spouses frequently thinks about that it would be like to be separated or imagines living a life without being married to their spouses.

§  One or both spouses feel that the bad aspects of the marriage far outweigh the good aspects.

§  One or both spouses often choose to keep secrets or to keep things hidden. 

§  One or both spouses no longer wish to be intimate, either physically or emotionally.

§  One or both spouses feel as if they are the only ones trying to solve problems within the relationship and are getting nowhere.

Although these signs are not guaranteed to lead to divorce, they often foretell that there are marital problems that could lead to separation in the future if not resolved.

If you are going through an uncontested divorce or a contested divorce in Jacksonville, contact Ellerin & Hutchinson to discuss your situation with a Jacksonville divorce lawyer.

After alimony has been awarded to a dependant spouse, the independent spouse will be responsible for making scheduled payments.  Depending on the court's orders, independent spouses may have to make monthly spousal support payments or periodic installment payments. 

In some states, people may also pay their alimony with one lump sum.  However, most spouses find it easier to make payments as income is earned, making lump sum alimony payments very rare.  Additionally, if independent spouses make their payment with one lump sum, the recipient may face tax consequences as spousal support is reported as income on tax returns.

Do you have additional questions about alimony or how this form of support is paid in Florida?  If so, your best option is to speak with a Jacksonville family lawyer that has experience handling alimony cases, like Ellerin & Hutchinson.  Contact our law office today to set up your initial consultation so we can answer your alimony questions.

In the state of Florida, if a non-custodial fails to meet his/her child support obligations, he/she can face numerous consequences.  This is due to the fact that the state has strict enforcement laws and will take serious measures to collect past due financial support from parents that are delinquent.  If you are behind on your child support payments, know that the state may:

§  Intercept your IRS tax refunds

§  Take your gambling/lottery winnings

§  Intercept your Workers' Compensation payments or Unemployment payments

§  Freeze your financial accounts

§  Issue liens against your personal assets (example:  your home, your vehicle or real estate)

§  Suspend your driver's license and/or occupational licenses

§  Make you serve time in jail

Due to the fact that failure to pay child support can lead to such harsh legal penalties, it is important that you speak with a Jacksonville family law attorney anytime you fall behind on your child support or find it difficult to make payments.  By doing this, you will become informed of alternatives that may help you avoid the aforementioned consequences.

Contact Ellerin & Hutchinson today to learn more about your child support options!

If you are going through a divorce and you are a member of the U.S. military service, you will want to obtain legal representation from an attorney that handles these types of cases.  Below, we provide a few tips on choosing a military divorce lawyer for your case:

§  Make sure that you choose a family lawyer that is local.  Not only will this ensure that you have access you your attorney, but it will also ensure that your attorney is familiar with the family laws of your state.

§  Ask about prior military divorce case experience.  Military divorces are different than other types of divorce and the circumstances can be tricky.  For this reason, you want to work with an attorney that has immense experience working on these types of cases.

§  Do you have other family law matters with are related to your divorce?  For example, will you need help obtaining child custody?  If so, you will want to hire a family law attorney that is capable of representing you not only during your military divorce, but also during related family law matters.

If you're ready to consult with a Jacksonville divorce attorney that can offer you advice and legal assistance, contact Ellerin & Hutchinson now!

Recent changes have been made to Florida's alimony laws that went into effect for pending cases and divorces filed after July 1, 2010. Courts will now determine whether one party actually needs alimony and whether the other party is able to pay it. The court will now also be responsible for determining the type and amount of alimony that is appropriate.

The definitions of short term, moderate term, and long term marriages have been re-defined to less than 7, between 7 and 17, and over 17 years, respectively. The length of the marriage is measured from the marriage date to the day that the dissolution petition is filed. Bridge-the-gap alimony and rehabilitative alimony are now in the statute. The former may not be modified, but the latter may.

Durational alimony has been added to Florida law. When permanent alimony is not appropriate, durational alimony can be awarded, and it can be modified but the length of the alimony cannot exceed the length of the marriage. Another change is that permanent alimony is codified and awarded based on the standard of living during the marriage. It can be awarded in any length term marriage, but requires exceptional factors to be granted in a short term marriage.

For further information about Florida's alimony laws, speak with a Jacksonville family lawyer today by contacting Ellerin & Hutchinson.

Florida courts use genetic testing, also referred to as a DNA test to determine paternity. The process is simple:

The mother, child and man believed to be the child's father are scheduled for a genetic test. All three must show up for the appointment with picture ID in hand. During the appointment, a lab worker will take a picture of the person being tested and get a fingerprint. Identification is carefully checked to ensure that the right person is being tested for paternity.

The lab worker will then use a small swab to wipe the inside of the cheek of each person to obtain a cell sample to be used for the test. Each sample is then sealed into individual envelopes that are sent to a genetic testing laboratory. The lab compares the samples from the mother, the child, and the suspected father to determine if a match exists. Genetic tests are 99.9% effective and the result is usually accepted by Florida judges.

If you have questions about establishing paternity or your rights as a parent, do not hesitate to contact Ellerin & Hutchinson to schedule a consultation with a Jacksonville family law attorney.

Actress Sandra Bullock has finalized her divorce from Jesse James. Bullock filed for divorce on April 23, a month after tabloid reports surfaced that James had been unfaithful to her with a tattoo model named Michelle (Bombshell) McGee. McGee told InTouch Magazine in March that she and James had conducted an 11-month affair that began when Bullock was filming The Blind Side in Atlanta, GA.

With the divorce finalized, Bullock will be able to complete the adoption of her five and a half month old son, Louis Bardo. The baby has been living with Bullock since January. It is also reported that despite the divorce, James will remain in Austin, TX, so that Bullock can continue her relationship with his three children. Bullock and James were married for five years.

If you live in Florida and have decided that it is time for you to end your marriage, get the help you need by working with a Jacksonville divorce attorney.  Contact Ellerin & Hutchinson now!

Recently, one of Tiger Woods' alleged mistresses filed legal documents in Manatee County, Florida.  The mistress, who filed the action under her legal name of Melinda Jannette, is asking that a judge determine the paternity of her 9 year old son, Austin Brinling.  The respondent listed on Jannette's petition was listed as Elderick Woods.

TMZ reports that the documents and petition were created to "establish paternity, parental responsibility, time-sharing, and/or child support of a minor child or children."  The documents also state that the person filing is trying to legally establish who is the father of a child.

At this time, the 9 year old is staying with Melinda's mother and the grandmother asserts that a DNA test was performed in 2002.  The test showed that another man was the boy's father.

However, Melinda asserts that her mother does not have any real DNA results and she plans to have Tiger submit to testing.

Are you hoping to establish the paternity of your child in Jacksonville?  If so, now is the time to contact Ellerin Hutchinson and discuss your case with a Jacksonville family lawyer.

In North Carolina, it is reported that Cpl. A. E. Villalobos has little problems with tracking down people who fail to adhere to the law.  This past weekend, Villalobos and 30 other officers participated in an annual program known as Operation Child Support.  During the program, officers work tirelessly to track down fathers and mothers who are delinquent with their child support payments.

According to Villalobos, when parents are finally caught, they tell officers that "they have been paying their child support."  They tend to deny that they are behind. 

This year, police were able to put 25 people in jail who were late on their child support payments.  Officers say that the arrests added up to $74,000 in bond payments over the weekend.  Despite the many arrests that were made, Villalobos says that the department still has 400 outstanding child support warrants.

Sgt. Leonard Antonelli told news sources that delinquent child support is, "quite a large problem."  Officers plan to continue their efforts to track down parents who are not paying their monthly support amounts.

If you are owed child support and would like to speak with a Jacksonville family law attorney, now is the time to contact Ellerin Hutchinson and learn more about your options.

This Friday, Dwayne Wade's divorce is expected to be finalized.  Even though the divorce will at last be final, other family law matters between Wade and his soon-to-be ex are yet to be resolved.

News sources report that a Chicago judge ruled cause exists for a bifurcate judgment in Wade's case.  This means that while the divorce will be granted by the court, separate legal battles will continue regarding child custody and property division.

In August 2007, the couple officially separated.  They are expected to appear in court in July to resolve child custody matters.  The couple has two sons, ages 8 and 3.   

Also in July, Wade is expected to become a free agent, although he would like to still play for the Heat.  It is said that he could be offered a contract worth $127 million.

If you need assistance with a divorce in Jacksonville, contact Ellerin Hutchinson and arrange to speak with a Jacksonville divorce attorney.

Recently, news sources announced that Tara Ried called off her engagement to Michael Axtmann, an internet entrepreneur.  According to reports, Ried cut ties with her fiancé because he wanted her to sign a prenuptial agreement.  This information was revealed during an interview with Ried's potential father-in-law.

The couple was supposed to get married last month.  However, the wedding was called off at the last minute.  Later, the 34 year old Axtmann confirmed that the wedding did not happen due to "legal reasons".   Now, his father Siegfried Axtmann is coming forward with allegations that the marital contract led to the couple's separation.

A month before cancelling the wedding, Ried seemed to be ecstatic about the marriage.  She had been speaking openly about the big day and told news sources that she would look like a "princess".  Now, circumstances seem to have drastically changed.

If you need help with a nuptial agreement or have questions about marital contracts, do not hesitate to contact Ellerin Hutchinson and speak with a Jacksonville family lawyer.

If you are not receiving child support payments on time in the state of Florida, know that you have legal options at your disposal.  One such option is known as an enforcement action.  When parents obtain enforcement actions, the court will file judgments against non-paying parents.  This may lead to individuals receiving liens against their real property, like their homes.

According to the laws of Florida, all court orders must be followed, including orders for child support payments.  If parents are not receiving their child support payments, they can contact the Florida Department of Revenue's Child Support Enforcement service.  By taking this step, parents may be able to obtain an Income Deduction Order, which will allow for employer's to deduct child support payments from non-paying parents' paychecks.

As you can see, when you are not receiving child support, you do have options. The key to becoming aware of your options is consulting with a Jacksonville family lawyer.  Contact Ellerin Hutchinson today to learn more.

Recently, a mother from the state of California was able to find her estranged children using the social networking site, Facebook.  According to news sources, the missing children were living in Polk, Florida and had been abducted by their father when they were 2 and 3 years old.  The mother, 43 year old Prince Sagala, looked up her daughter's name on Facebook and then began communicating with her. 

The Associated Press said that, "Authorities tracked down the children, now 16 and 17, outside Orlando, Florida, and arrested their father, Faustino Fernandez Utrera, 42, on May 26. He faces kidnapping and child custody charges".

Now it is reported that Sagala is frantically trying to get child custody of her children before they turn 18.  She fears losing them forever as they will be adults soon.

In 1995, Sagala came home to find that her children and her husband had disappeared.  She and her husband were on the verge of divorce and family members told her that he had taken the kids to live in Mexico City. 

At this time, the children are staying with a family friend in Florida as their father has been placed in jail. 

Do you need assistance with a child custody matter in Jacksonville?  If so, contact Ellerin Hutchinson to discuss your legal options with a Jacksonville family law attorney!

Recently, it is reported that Britney Spears' father (Jamie Spears) met with a Los Angeles County Superior Court judge.  During the meeting, her father spoke with the judge about Britney's child custody matters.  Britney has two sons with her ex-husband, Kevin Federline.

One publication reports that the meeting included Jamie's attorney and Britney's attorney, who acts as a co-conservator over the famous entertainer.  When the meeting commenced, a child custody evaluation was filed.  A child custody expert was also present to discuss Britney's mental health issues.

At this time, Federline currently has custody of both children.  While Britney is under conservatorship, that arrangement is not expected to change. 

Sources report that the attorneys scheduled another hearing in July 2010.

Are you dealing with a complicated child custody battle in Jacksonville?  If so, it is in your best interests to discuss your case with a Jacksonville family law attorney.  Do not hesitate to contact Ellerin & Hutchinson to get the representation and counsel you deserve for your family law matters.

When people are about to file for divorce or are in the midst of a divorce, they often wonder if they should hire a divorce attorney.  If this is a question that you are struggling with, ask yourself the following questions:

Do you know what paperwork you will have to fill out to initiate your divorce?  If not, a Jacksonville divorce lawyer will surely come in handy as he or she will be able to take over this responsibility.  A divorce lawyer can also make sure that paperwork is completed correctly and promptly.

Do you have kids and will child custody be an issue?  Whenever spouses have children, it is always a wise idea to obtain the services of a divorce lawyer that protect relationships parents have with their kids. 

Do you feel forced to agree with your spouse r even threatened?  If you answered "yes", know that a divorce attorney can inform you of your rights and serve as your dedicated advocate.  This means that your needs will be expressed as you will have a litigator on your side that is committed to making sure your wishes are met.

To learn how a Jacksonville divorce lawyer can help you, contact Ellerin & Hutchinson now!

A new TV show is looking for parents that are owed child support payments and parents who are currently behind on support payments.

According to the producers of "Most Wanted Deadbeat Parents", there are numerous children and parents throughout the country that are suffering and victims of abandonment.  The creator of the show told reporters that the father of her children "has not paid child support in three years. I have triplets and he owes me over $45,000 in back child support and he's in Florida somewhere."   She said that the cable show is expected to air in July.

At this time, she and her team of producers are hoping that the show will do some good as many children and parents are struggling from so called "deadbeat" parents.  Right now, the only challenge is finding participants for the show.

"We would like to get five more local people in the northeastern Pennsylvania area that we could feature in a pilot we're filming July 6 in this area," said the creator.  She also said that the show will help parents get the child support payments they are owed and that her own story will be featured.

If you are having a difficult time receiving child support payments in Jacksonville, contact Ellerin & Hutchinson to consult with a Jacksonville family law attorney.

Contrary to belief, not all spouses who choose to divorce are arch enemies.  In fact, may are friends and wish to remain friends by ending their marriages on amicable terms.  However, when you are friends with your spouse, your emotions may cloud your judgment and prevent you from going through with an uncontested divorce.

If you are still friends with your spouse and wish to pursue an uncontested divorce, follow these three tips:

-  Consider divorce mediation.  Talking through your family issues and working together to reach mutual decisions with help from a professional mediator will ensure that your friendship remains intact.

-  Encourage discussions on important issues and express your needs.  When talking about important issues, like child support and child custody, be sure to express your desires and wishes.  If you find that this leads to contentious arguments, it is best to work with a divorce mediator.

-  Hire separate divorce attorneys.  Even though you plan to go through an uncontested divorce, it is important that both you and your spouse have sufficient legal representation to ensure that your best interests remain protected.

Are you going through an uncontested divorce in Jacksonville?  A Jacksonville divorce attorney from Ellerin Hutchinson can provide you with assistance.  Contact us now!