Recent Blog Posts in April 2010

To continue on with the previous article involving divorce facts and myths, following  are a few more common facts and myths to entertain.

Myth:  living together before marriage is a good way to reduce the chances of eventually divorcing.

Fact: Numerous studies have found that those who live together before marriage have a greater chance of eventually divorcing. The reasons for this are not particularly understood. Some think there is evidence that the act of living together itself generates attitudes in people that are more conducive to divorce, namely the attitude that relationships are temporary and  can be easily ended.

 Myth: Dissatisfaction and unhappiness in the marriage at certain points in time is a good sign that the marriage will eventually end in up divorce.

Fact:  The larger majority of marriages have ups and downs; this is a normal part of  life. One cannot expect every day to be a good day. According to recent research using a large national sample, it was  found that 86 percent of people who were unhappily married in the late 1980s, and stayed with the marriage, indicated that they were happier when interviewed five years later. Three fifths of the formerly unhappily married couples rated their marriages as either "very happy" or "quite happy."

If you are experiencing unhappiness in your marriage, speak to a Jacksonville family law attorney who has an experienced and caring hand in these matters. To set up a consultation contact us at  904-638-3134.

Marriage is a firm agreement between two people but this agreement also includes financial concerns. There are specific circumstances where it's a good idea to have a prenuptial agreement set up between a couple.  Here are just a few reasons why a prenuptial, often referred to as a "prenup" agreement would be important.

In the circumstance where you had children from a previous marriage and you wanted to ensure they inherited the assets you accumulated before your second marriage, a prenuptial agreement would be in order. If you were to get divorced or die without a prenuptial agreement, your children might have to share part of this amount with your new spouse.

Another very good  reason for having a prenuptial agreement would be if  you have a share in  a family business before your present marriage and you wanted to keep the business on that side of the family. If you died without a prenuptial agreement in place or  wound up getting divorced, your new spouse might  now share in the family business which could dramatically change the family interaction within the business.

If  you fall into either of these categories and are considering marriage or know someone who is, it would be worthwhile to have a legal expert draw up a prenuptial agreement. Contact a Jacksonville family law attorney at Ellerin Hutchinson today at (904) 638-3134 to arrange a consultation.

In a recent article written by David Popenoe, some of the more common facts vs. myths pertaining to divorce were laid out. It's a good idea to have a clear concept of what is truth & what is fiction when it comes to this subject. Following are a few of these myths and facts concerning the subject of divorce.

Myth # 1:  Second marriages tend to be more successful than first marriages because people learn from their bad experiences.

The Truth: Although many people who divorce have successful second (or even third marriages,) the divorce rate of remarriages is in fact higher than that of first marriages.

Myth #2 : Having a children  together will help prevent divorce and enable a couple to improve their marital satisfaction.

The Truth: Studies have shown that the most stressful time in a marriage is after the first child is born. There is only a slightly decreased risk of divorce for couples who have children compared to couples who have no children, but the decreased risk is far less than it used to be when parents with marital problems were more likely to stay together " just for the sake of the children." Part two of   "The Facts and  Myths of Divorce"  to come soon."

If you need help with a divorce and are looking for a competent Jacksonville family law attorney, contact our offices today at  904-638-3134.

The former director of a Tampa-based adoption agency was charged with first-degree grand theft for using deceptive means to overcharge adoptive parents.

In October, Debra West of Adoption by Choice, pleaded guilty as part of a plea bargain. The judge said that if West paid $178,000 in restitution to her victims, she would not have to serve up to 30 years in prison. Recently, she made the last payment of $81,000, after which she was sentenced to 15 years of probation. She also has to pay $4,000 within the next month to cover the cost of her prosecution.

Prosecutors say West defrauded 20 couples from August 2002 until October 2005. West would charge adoptive parents to help cover the cost of the birth parents' expenses, but later admitted to embezzling the money instead of directing it to the intended recipients.

The Hillsborough County judge handling the case said West is barred from directly or indirectly working in child placement, but she can provide counseling or advice to birth mothers considering adoption.

Contact a Jacksonville Adoption Lawyer

Whether you are interested in bringing a child into your life, or you've made the selfless decision to give your child up for adoption, you can find trusted legal counsel at Ellerin Hutchison. Adoption is a major life decision that requires a great deal of thought and planning. At our firm, you can trust your case will be handled by a Jacksonville family law attorney who will do everything necessary to ensure your legal rights are protected, as well as help you avoid unethical situations like the one involving West. Our goal is to help you achieve your objective, whether that means expanding your family by bringing a child into your home or helping you find a loving home to place your child in.

Contact Ellerin Hutchinson today at (904) 638-3134 to learn more about our adoption services.

A Florida man was sentenced to one year and one day in federal prison after a jury found that he had not made a single child support payment since his divorce was finalized in 2004.

John C. Carlson of Venice, Florida was accused of failing to pay child support in Maine. Because the case involved multiple states--Carlson lives in Florida, but his ex-wife and daughter live in Maine--Carlson was prosecuted in federal court under the Deadbeat Parents Punishment Act of 1998. The case was also heard in federal court because the child support debt exceeded $10,000 and accrued over more than two years.

In addition to spending in a year in prison, Carlson was also ordered to pay $44,000 in back child support that he never paid to his ex-wife. Carlson's attorney is planning to appeal the sentence, and argued that the original divorce decree was unreasonable. In 2004, a judge in Maine ordered Carlson to pay $132 a week in child support and $11,682 in back child support from when the divorce petition was initially filed in 2001. Carlson was accused of never making a payment.

Furthermore, it is believed he took steps to  hide his assets, and it is reported that at the time he and his ex-wife filed for divorce in 2001, he earned $57,000 a year as an engineer and had more than $600,000 worth of assets, which included real estate, vehicles, personal property, and retirement accounts. However, his attorney argues that he now has no assets, no income, and is suffering from "significant health problems that keep him from working as an engineer." He is now employed at a discount department store where he earns minimum wage and cares full-time for his elderly mother.

Experienced Child Support Attorneys Serving Jacksonville

If you have been ordered to pay child support, it is extremely important that you make every possible effort to make your child support payments. Failure to pay child support can result in fines and incarceration, and you will likely be ordered to make retroactive payments for all the child support you haven't paid.

If you are falling behind on your obligations due to financial hardship, do not simply ignore your responsibilities and allow child support debt to accumulate. Instead, contact a Jacksonville child support lawyer at Ellerin Hutchinson. We can help you address your situation and ask the court to modify your payments so they are more affordable. To learn more about our services, contact Ellerin Hutchinson today at (904) 638-3134 to arrange a consultation.

Last week in Washington D.C., judges and experts from the United States and 14 other countries came together to discuss an issue that has garnered a lot of attention recently: international child relocations. The meeting was held to discuss how judges should go about determining whether or not a parent can move with a child to a foreign country over the objections of the other parent. Up for consideration is whether it is in the child's best interest to be so far away from his or her other parent, or if it is best for the child to gain worldly experience. But because there are no guidelines or set uniform way of determining these types of relocation cases, rulings are determined on a state-by-state, county-by-county, judge-by-judge basis.

At the conclusion of the meeting, properly named the "International Judicial Conference on Cross-Border Family Relocation," the attendees adopted a declaration to serve as framework that outlines what judges should consider in "cross-border family relocation" cases in effort to standardize how these types of cases are handled.

Some of the recommendations in the "Washington Declaration on International Family Relocation," include:

• Every state should adopt a set of legal procedures to address parents' rights to relocate with a child
• Parents need to inform the other parent of their intent to relocate within a reasonable amount of time
• The child's best interest should be the primary consideration
• Mediation should be used to try and settle this issue, as opposed to litigation. A voluntary settlement relocation agreement can also be used
• All countries are urged to sign both the 1980 and 1996 Hague Conventions
• Other factors all judges should consider include:
  • The child' right to maintain a solid relationship with both parents
  • The child's opinions and views over the matter (if the child is of a certain age and maturity)
  • Existing child custody arrangements
  • Schooling, employment, etc.
  • Reasons for relocating
  • A history of domestic violence or abuse

If you are thinking of relocating, whether to another city in Florida, another state, or another country, it's important to consult an attorney to ensure you go about the legal aspects of a relocation the right way. Furthermore, if your ex is trying to relocate with your children despite your objections, an attorney can help you try and stop the relocation from occurring.

At Ellerin Hutchinson, we have considerable experience helping parents throughout Jacksonville and Northeast Florida with relocation issues. Whether your goal is to get permission to move away with your children, or you are trying to prevent a relocation from occurring, you can depend on a Jacksonville family law attorney at our firm to protect your rights and aggressively advocate your cause. To learn more about how we can help you with a relocation issue, please contact Ellerin Hutchinson today by calling (904) 638-3134!