Recent Posts in Family Law Category

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!

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!

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.

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!

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.

Several colleges and universities are looking into adopting new policies that would provide maternity and paternity leave for students at the graduate level. The issue came to light after graduate students began pressing the schools to offer some type of maternity and paternity leave to those students who get pregnant or give birth during the school year.

Overall, only a very few universities and colleges offer some type of maternity or paternity leave, and those that do usually have strict limitations. For those graduates who do get pregnant or give birth during the semester, taking time off before or after the baby is born can hurt all the progress they’ve made on their degree. Some students have expressed concerns that taking time off could result in getting kicked off of projects, falling out of favor with their professors, and losing those their student status. Losing one’s student status is the arguably the biggest obstacles these students face, as it could affect their student visas, health insurance plans, and student loans. Others are afraid to take time off because they’re scared of falling too far behind on their work.

So what do they do? Instead of taking time off before the baby is due they work up until the very last possible minute, and as soon as the baby is born they rush back to their studies and research. These students should at least spend a few weeks, if not a few months, resting, recovering, and spending time with their baby, but their worry over how it will affect their work supersedes those needs.

Fortunately, more and more universities are recognizing this is an important issue that needs to be addressed, and have begun discussing possible policies that could implemented. Let’s hope all colleges and universities will soon follow in their footsteps and adopt policies that protect these students. After all, why should they be punished for wanting to have a family?

Ellerin Hutchinson offers experienced legal counsel and representation in multiple areas of family law. If you’d like to speak with a Jacksonville family law attorney at our office about a particular issue, please contact our office today by calling(904) 866-4489.

A Michigan woman has been sentenced to 15 days in county jail after pleading guilty to polygamy charges.

According to authorities, Lorri L. Freesland, 43, wasn’t divorce from her first husband, whom she married in 2000, when she married her second husband in 2007. Her first husband moved to Alaska in 2006. There wasn’t any information available regarding Freesland’s efforts to divorce her first husband, or whether or not she knew she was still married.

In addition to the jail sentence, Freesland will also have to serve one year probation. The Huron County judge who sentenced her also gave her six months to resolve her marital status.

It’s interesting that Freesland was charged with polygamy, as most states charge people with bigamy, which is also the crime of being to two or more people at the same time, but the spouses are unware of each other. In polygamous relationships the spouses are usually aware of each other.

Although this article is really about the criminal aspect of polygamy, an interesting question to oneself in a family law context is, “can people commit polygamy or bigamy without even knowing it?” What if someone who filed for divorce thought their divorce was finalized, only to realize later it never was? What if that person ended up getting remarried? Would that make them a polygamist or a bigamist? We don’t think so.

If you are filing for divorce, an experienced Jacksonville divorce attorney at Ellerin Hutchinson can ensure there are no discrepancies or hang-ups that prevent your divorce from becoming finalized.

Contact Ellerin Hutchinson today at (904) 866-4489!

The state of Florida recently enacted new laws that provide specific instructions for divorce or separated parents who want to relocate with their children.  These guidelines state that any parent who wishes to move 50 or more miles from their current home must:

• Obtain written permission from the other parent, OR
• Obtain a court order that permits the relocation

If the parents agree to a relocation, then the parent wishing to move can do so without involving the courts. However, if the parents do not agree on the relocation, the parent who wants to relocate must serve a Petition to Relocate to the other parent.  Once this petition has been served, the other parent has 20 days to file an objection.  If the other parent does not file an objection, the court will permit the relocation.  If the other parent objects to the relocation, the parent who wants to move must prove why the relocation is in the best interest of the children.

Failure to serve a petition and/or relocating your children without a court order or permission from the other parent will be considered contempt of court, and can result in a number of penalties, including:

• The court could forbid the relocation
• The court could alter your current time sharing arrangement
• The court could demand that you return the child
• The court could order you to pay the other parent’s attorney fees and any travel expenses incurred from visiting the child or returning the child

Parental alienation is something many parents may have never heard of, but could be experiencing without even knowing it.  Parental alienation is a situation in which one parent tries to manipulate the child into harboring negative feelings toward his or her other parent in an attempt to sabotage their relationship.  Parental alienation is most common in contested divorces, bitter custody battles, or any other situation in which one parent may have some resentment or anger towards the other parent.

If you think your child could be the victim of parental alienation, you should speak with an experienced attorney right away. There are steps that can be taken to address the issue before it permanently affects your relationship with your child.  Some signs that may indicate your child is being manipulated or brainwashed include:

• The child is acting more withdrawn
• The child no longer wants to spend time with you
• The child is angry at you for no reason
• The child’s behavior has changed for the worse
• Your relationship has become strained
• The child is blaming you for the divorce or separation
• The child is saying things that a child wouldn’t normally say, implying that he or she is reiterating something they heard from their other parent.

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 .