Recent Blog Posts in May 2010

One of the questions people ask when they are going through a military divorce is "will I have to share my retirement pay?"

Contrary to what most people believe or assume, according to the Uniformed Services Former Spouse Protection Act, the division of retirement pay is not mandatory.  This means that if you are in the service and you go through a divorce, you may not have to share retirement pay with your former spouse.

 One thing you must remember is that the Act allows state divorce courts to treat retirement pay as property of the service member or joint property.  So, your retirement pay would be subject to the laws of Florida if you are going through a divorce in Jacksonville.  The division, if any, would be overseen by Florida family laws.

The Act also states that the service member can pay his/her spouse directly if they were married for 10 years with more than 10 years overlapping the time the service member spent in the military. 

Do you have questions about your assets and how they will be split during your military divorce?  If so, contact Ellerin Hutchinson today to speak with a Jacksonville family lawyer.

Many people have questions when it comes to marital agreements.  Perhaps the most pressing questions are "what are they?" and "what do they do?"

Marital agreements are legally binding contracts that are signed before or after two people get married.  These agreements outlines the terms of what will happen if one spouse dies, leaves or the couple goes through a divorce. Marital agreements include provisions that pertain to the couple's assets, property and income.  They outline how property will be distributed and essentially detail who gets what.

Due to the fact that marital agreements are legally binding and the laws that surround contracts of this nature vary state-to-state, it is important that people who are considering agreements in Florida speak with a Jacksonville family lawyer.

At Ellerin Hutchinson, we work closely with people who are planning to create post-nuptial and pre-nuptial agreements.  We can help you draft your marital agreement and ensure that the contract is in compliance with the laws of Florida.  Contact us today to learn more about our family law services!

News sources are reporting that David Tehan has filed for legal separation from his wife, Tiffany Tehan.  David is also seeking permanent child custody of their daughter Alexis, who is one year old.

David filed legal paperwork on May 7^th and Tiffany was served on May 14^th.  In the paperwork, David says that Tiffany, "has been guilty of gross neglect of duty and the parties are incompatible."

On April 17^th, Tiffany disappeared while going on a shopping trip.  Her disappearance resulted in a national search involving the FBI.  31 year old Tiffany was later found with another person and told news sources that she left to start a new life with this other person.  However, she started to miss her daughter so she came back.

At this time, David Tehan was granted a temporary restraining order which will prevent Tiffany from taking their daughter from the state of Ohio.

If you are going through a divorce or a legal separation in Jacksonville, now is the time to speak with a Jacksonville family law attorney at Ellerin Hutchinson.  Contact us today to set up an initial consultation.

Throughout the United States, many cities are choosing to crack down on parents that are seriously behind on their child support payments.  One such city is Salem, which is located in the state of Massachusetts.

During the month of April, the Salem County Sheriff's Office cleared 46 child support warrants that involved 29 separate offenders.  Of the 29 offenders, police managed to collect $2,738 in delinquent child support payments.  The police department also managed to serve 19 warrants and 8 Superior Court Warrants.  The recent crackdown led to the arrest of 18 offenders, as well.

According to the Salem County Sheriff's Office, 8 individuals negotiated settlements for their delinquent child support payments, which was a great win for the Department's Child Support Staff.  At this time, the Child Support Staff said that it would continue to make a commitment to collecting missed child support payments so that families and children would have necessary means.

If you are owed child support and you need help recovering missed payments, now is the time to consult with a Jacksonville family lawyer at Ellerin Hutchinson.  We have immense experience handling child support cases and would welcome the opportunity to work with you once you contact us.

In Fort Myers, it is reported that Mindy McCready was in Lee County Family Court this week.  The country western singer is alleged to have appeared in court to try to regain child custody of her son Zandler, who is 4 years old.

After the singer began to have issues with substance abuse, her son was taken away from her and placed with his grandmother, Gayle Inge.  However, McCready's attorney recently motioned to reopen the case and Judge James Seals agreed to his motion.

According to reports, the Department of Children and Families will complete an investigation over the course of 45 days and then report its findings back to the court.  The motion will not give McCready child custody at this time, but does allow her to have visits with her 4 year old.

If you need assistance with regaining custody of your children in Jacksonville, a Jacksonville family law attorney from Ellerin Hutchinson can serve as your most viable advocate.  Contact Ellerin Hutchinson today to learn how we can help you continue your relationship with your children.

News sources are reporting that Tiger Woods soon-to-be ex wife, Elin, has hired a top lawyer in London.  She wants the lawyer to look into her husband's finances as she enters into divorce proceedings in the state of Florida.

Since her battle with Woods has become increasingly tumultuous, the 30 year old has had to turn to litigators for help.  She recently hired Walter Jnr, a lawyer that is very experienced in tracking down hidden assets. 

A few days ago, a close friend of Elin's told news sources that, "She said from the beginning that she didn't want to fight over money, but at the same time she wants to know exactly how much money Tiger has."  Elin is seeking $750 million from the pro golfer.  With the proceedings become more and more involved, it looks like there may be little hope for reconciliation between the two spouses.

If you are going through a tough divorce in a Florida city, like Jacksonville, know that a divorce lawyer can make a world of difference in the outcome of your case.  To speak with a Jacksonville divorce attorney, contact Ellerin Hutchinson today.  We would be more than willing to discuss your case with you and provide you with legal insight.

All too often, the rights of fathers are overlooked, especially during family law proceedings.  Traditionally, mothers were the ones who were awarded child support and child custody, but as the years have evolved, so too have father's rights.  Now, more and more fathers are experiencing the same advantages that mothers have for decades as the laws have changed to protect the bonds fathers have with their children.

Anytime fathers are going through a family law matter and they have reason to believe that their parental rights have been violated, it is important that they speak with a Jacksonville father's rights attorney at Ellerin Hutchinson.  For years, our law office has been working with fathers throughout the state of Florida who have merely wanted to preserve the relationships they have with their children.

At Ellerin Hutchinson, we are strong advocates of father's rights and always do all that we can to preserve relationships between dads and their kids.  Whether clients are involved in heated child custody battles or need their child support payments modified, Ellerin Hutchinson can protect your parental rights.

Contact us today to discuss your Jacksonville family law matter!

Are you currently going through a tumultuous divorce?  Are you and your spouse finding it extremely difficult to come to an agreement on the most important issues, such as child custody or child support?  If so, now is the time to speak with a Jacksonville divorce lawyer at Ellerin Hutchinson. 

At our Florida law office, we work with people who are going through strenuous contested divorces and we aim to provide our clients with the guidance, reassurance and services they need to resolve matters quickly.  With our involvement, people have a much better chance of expediting their divorces and obtaining favorable outcomes when it comes to issues like property distribution or even visitation.

As experienced Jacksonville family law attorneys, we know that when people are going through contested divorces, they need legal services and resources that they can count on.  Without appropriate legal representation, contested divorce proceedings can seem endless and become more strenuous as time passes. 

Instead of going through a contested divorce on your own, contact the litigators at Ellerin Hutchinson today!

The state of Florida recognizes four types of child custody and they are:  legal custody, physical custody, joint custody and sole custody.  Anytime two parents are trying to sort through child custody matters, it is important that both parents are aware of the different types of custody that may be awarded. 

Sole custody occurs when one parent has complete legal and/or physical custody of a child.  Anytime a parent is awarded sole custody, he/she is 100% responsible for his/her child.  The child will usually live with the sole custodian and the custodian will be completely responsible for making decisions that pertain to the child's health, education and day-to-day well-being.

When joint custody is awarded, whether joint legal custody or joint physical custody, both parents will have equal responsibilities and the child may split his/her time between both parents' residences.

If you have questions about the different types of child custody arrangements in Florida, now is the time to speak with a Jacksonville family law attorney at Ellerin Hutchinson.  Contact our firm to set up an initial child custody case evaluation today!

One can obtain child support through an Administrative Order or a Judicial Court Order if you are an unmarried custodial parent. However, you need to get assistance from an attorney who has experience handling child support cases. Child support issues should be addressed by someone knowledgeable and competent, as Florida has very specific guidelines for calculating how much support should be paid. The amount of support awarded is based upon the number of children in question as well as the combined net income of the parents. The child support obligation is divided up between the parents in proportion to their income or earning capacity.

If you are going through a divorce or separation and need help with a child support matter, an attorney at Ellerin Hutchinson can help. A Jacksonville divorce attorney at the firm can ensure your rights and best interests are protected, provide you with much needed advice and guidance, and help you reach an arrangement that suits your needs.

To arrange a consultation with an attorney at the firm, please contact the office by calling 904-638-3134 today!