Recent Blog Posts in June 2010

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!

When it comes to establishing paternity, people will have two options:  blood tests or DNA tests.  In the medical community, it is believed that of the two types of testing, DNA tests are the most reliable at proving paternity.

DNA (Deoxyribonucleic Acid) is the genetic material that exists in every cell of a human's body.  Every human has unique DNA, unless the human is a twin.  A person gets half of his/her DNA from his/her mother, and the other half from his/her father. 

When a DNA test is performed on a child, medical professionals will compare the genetic characteristics of the child to the mother.  The characteristics that cannot be found in the mother are then believed to have been inherited by the father.  During DNA testing, if the alleged father's DNA matches the child's other DNA characteristics, there is a biological relationship and paternity is established.

Would you like to learn more about paternity testing?  Contact Ellerin Hutchinson today to discuss your family matter with a Jacksonville family law attorney.

One of the many questions that clients ask our firms is "who is responsible for debts that were accrued during marriage?"  This question becomes a major issue after couples decide to divorce and have to deal with the division of their property.

The state of Florida is an equitable distribution state.  This means that property is distributed between spouses equitably, not equally.  Most people think that property only refers to material assets, like homes and cars.  However, property also includes debt.  If spouses accumulated debt during their marriage, the debt will be distributed equitably by the family courts of Jacksonville.

For example, let's say two spouses share a credit card and they have racked up debt.  If they move forward with their divorce, the debt will be divided equitably as the court sees fit unless the spouses reach a mutual agreement.

If you have additional questions about debt, equitable distribution or divorce in Jacksonville, contact Ellerin Hutchinson to speak with a Jacksonville divorce lawyer.