Under a new bill sponsored by Rep. Stephen Sandstrom, R-Oregon, dads or moms who want to be stay-at-home parents after a divorce could be granted extra alimony.

If the bill is successful then those parents that can prove that they were stay-at-home parents before the divorce, and they were not at fault for the divorce, then they could be granted enough alimony so that they wouldn't have to go out and support themselves with an outside job.

While this would be great victory for current stay-at-home parents, Sandstrom admits that defining fault will be the most difficult part of the bill. Elements such as addictions to gambling or pornography could be grounds for fault under the new bill. Under the same bill parents could be used for religious observances if both parties are amenable to the arrangement.

Have questions about alimony in Florida?  Contact our team to get answers from a Jacksonville family lawyer.

It will not be an easy custody battle for Halle Berry who will take former lover Gabriel Aubry to court over their daughter Nahla.

After spending five years together Berry and Aubry split but agreed to a split custody agreement. However, Berry now wants to renege on that agreement, her representative saying that she had "serious concerns for her daughter's well-being while in the care of her father and is prepared to take all necessary steps to protect her."

The Oscar-winning actress is so concerned for Nahla's safety that she declined her role in upcoming film New Year's Eve, in which she was supposed to begin filming in New York, in order to fight this custody battle full time.

If you are concerned about the well-being of your child and want to obtain full custody, you need a Jacksonville family law attorney who knows the intricacies of child custody law.  Contact Ellerin Hutchinson today!

Third time was not a charm for Tony Hawk, 42, who is now seeking divorce from wife Lhotse Merriam, 38, his third wife.

The pro-skateboarder filed for divorce on Friday in San Diego County. The two have been married for five years and have a daughter together, 2-year-old Kadence Clover Hawk. In a statement to Us Magazine Hawk said that "We have made the difficult decision to file for divorce. We remain deeply committed and loving parents to our daughter, and out of respect for that responsibility we ask that people honor our family's privacy during this important time of transition."

Merriam will now join the other wives, Erin Lee and Cindy Dunbar, in the list of failed marriages that Tony Hawk has been a part of. He is famous for bringing skateboarding to the forefront of American interest in the 1990s while Merriam is a lingerie store owner.

If you're looking for assistance with your divorce,contact us to work with a Jacksonville divorce lawyer.

When it comes to your marital home in a divorce settlement, equitable distribution is a term that you will be hearing a lot.

If you don't decide to sell your home then there are three factors that can determine whether you will get a credit for or a set-off against the value of the home. The first is who will inhabit the home, or who gets full possession of the house, and the basis of that award by a judge. Secondly, if the spouse who is already receiving alimony or child support gets possession of the home as well, you must look at whether the alimony payments will be used for taxes, mortgages payments and other home-related items. Finally, the value of the home.

By examining these factors a court can also look at whether the parties will be claiming capital gains, home related tax deductions and other relevant factors that can affect their right to a set off against their marital portion or a credit. However, since every divorce situation is unique, there is no clear formula that judges use to make this decision. While the liabilities and property of distribution of assets in a divorce they can achieve a degree of consistency by using the above factors to make a decision.

If you have questions about equitable distribution, contact us to get answers from a Jacksonville family law attorney.

When you are unable to peacefully come to an agreement regarding child custody you need to become familiar with the legal terms surrounding this complicated legal process.

If you are seeking joint custody you should know that there are two types that you can seek: joint physical custody and joint legal custody. You can be awarded one or both of these types of custody.

Joint physical custody defines the amount of time that the child spends with each parent. Based on what both parties want, what the child wants and what the court thinks is best for the child involved, the amount of time can be short, such as a weekend with the other parent, or time spent equally with both. However, if you are seeking an equal amount of time with the child then it is best if the parents live near one another.

The other type of custody, joint legal custody, defines the decisions that are made for the child by the parents. These include health care, school and religious training. However they can also include major decisions like the age for dating or getting a job, methods of discipline, summer camp and extracurricular activities.

Fighting for joint custody can often be a difficult battle, but not impossible if you have a Jacksonville family lawyer on your side.  Contact our law office now!

Another Hollywood couple that has been in the press lately for their divorce, Christina Milian and the Dream, have taken their divorce to a new level. The Dream, who had agreed to pay Milian 10% of his publishing rights for Justin Bieber's hit song "Baby" is angry that his wife is demanding a bigger portion of the pot.

In addition to asking forspousal support Milian wants a larger percentage of the money that The Dream is getting from Bieber's rising fame. As they fight over this latest financial agreement he has stopped making any payments to Milian while their lawyers duke it out for them.

Milian's lawyer recently told TMZ that, "Mr. Nash filed for divorce. He wanted the divorce, not our client. She then agreed to resolve it peacefully and outside of court." Yet his lawyers are backing down from her peaceful attempts to ensure that any agreements they make are completely on record, taking away any chance of resolving this divorce out of the court room.

If you believe that you should be asking for more money from your divorce settlement, or you want to fight the amount that your spouse is demanding, you need a Jacksonville divorce lawyer on your side.  Don't hesitate to contact Ellerin Hutchinson to get the legal help you need.

If you will soon be paying or receivingalimony payments there are several things you should become familiar with.

To begin, alimony payments must be specifically outlined in any divorce agreement, as well as separation and annulments. Even if you decide to give your spouse payments after your marriage they will not be considered alimony unless recognized by a legal authority. Only alimony payments will be eligible for tax deductions as taxable income; any voluntary payments cannot be considered as such.

All payments must be made as cash or liquid payments like money orders or checks. Any amounts of money that are earmarked for supporting dependents or children cannot be claimed as alimony. 

If both spouses still live in the same household, even after divorce, any payments made between them cannot be claimed as alimony. When one spouse dies the alimony payments should not continue; if they do, however, any payments made will not be eligible for tax-deductions. 

Planning to obtain alimony? Contact us to discuss your situation with a Jacksonville family law attorney who is familiar with Florida spousal support laws.

Bristol Palin is trying to take more control of her son's life by asking to change his last name from Johnston to Palin, as well as asking the father to sign over his parental rights. However, Levi Johnston is not keen on either of these ideas and is fighting back.

Whether it is a sign of her age or her newness as a parent, Palin's approach to the matter has been seen as nonchalant at times. In one statement to the press Palin said, "Yeah, I've asked Levi to do it many different times, just to get it out of the way, just sign over his parental rights, but I don't know if he will or if he wants to right now." 

She is so eager for Levi to sign over his parental rights that Palin has agreed to live without his child support payments in return. Palin hopes to avoid a child custody case over their son Tripp and has even said that he will continue to have interaction with his son as long as he agrees to the parental rights clause. 

Contact Ellerin Hutchinson to speak with a Jacksonville family lawyer if you are going through a difficult child custody case.

Men whose parents were divorced before they turned 18 are two to three times more likely to seriously consider suicide, according to a new study conducted by Dr. Fuller-Thomson. 

However, women whose parents divorced before that same age were not as affected. They were also plagued by increased thoughts of suicide but they were more often linked to other traumatic events. Conducted at the University of Toronto, the study reveals that since children are more likely to be taken into custody by their mothers, the reduced contact with a male role model could be significant in the way men thought later on in life. Fuller-Thomson adds that "other research has indicated a positive father figure is very important for young men and boys, to develop their gender identity and learn ways to regulate their emotions and enhance their mental health."

It is important to add that thought of suicide only affected a small amount of those in the study, and that parents considering divorce now shouldn't take this research to mean that that their children could be at risk. 

Have questions about divorce and your legal rights?  Contact us to get answers from a Jacksonville divorce attorney today.

A mailing snafu in Naples has thousands of people calling the Collier County Clerk's office in concern. About 50,000 child support billing coupons were sent out in error to Florida residents, even those who had closed or old cases.

The error began at the company responsible for handling the state's child support disbursement unit, which is a part of the Department of Revenue. ACS, a Xerox company, sent out a memo to state and local offices explaining the problem and advising them to tell concerned callers to simply throw the coupon away. It turns out that an employee switched out an old file for the correct one, an action which led to thousands of old child support cases being temporarily reactivated.

This simple mistake is likely to cost ACS as much as $20,000 to fix.

If you believe that there is an error regarding your child support payments, contact us to discuss your situation with an understanding Jacksonville family lawyer who can help.

According to TMZ Gabriel Aubry filed a paternity petition on Dec. 30, 2010. He is asking a court to help him determine that he is the father of 2-year-old daughter Nahla with his ex Halle Berry.

Since the two are not married Aubry was worried that he would not be able to spend as much time as he wanted with Nahla now that he and Berry are no longer an item. In order to protect his visitation rights his lawyers advised him to seek a paternity test.

However, sources close to the pair state that they are splitting amicably and do not plan on arranging for child visitation, support, or custody at this time. They supposedly already have an agreement concerning Nahla without bringing a court into the middle of their separation. Although they are certainly not happy about the split the parents are coping well and maintaining a comfortable relationship for the sake of their child.

No matter what type of child custody you are seeking - full, partial or complete denial - it is advised that you hire a Jacksonville family law attorney.  Contact our law office now.

A court denied Steve Nash, star of the Phoenix Suns, request to have the details of his divorce case sealed. The judge overseeing their case, Maricopa County Superior Court Judge Carey Snyder Hyatt, ruled with wife Alejandra Amarilla Nash, stating that there was no reason to make the divorce private.

Steve Nash filed for divorce from his wife last year just after the birth of their third child together. He and his attorneys had worked hard to protect the details of their five-year marriage and subsequent divorce from the public but to no avail.

If you are considering filing for divorce and are ready to take the first step, now is the right time to discuss your case with aJacksonville divorce attorney who can help you.  Don't hesitate to contact the legal team at Ellerin Hutchinson.  We have handled numerous divorce cases and are ready to help you with filing and related matters.

Mel Gibson's child custody case just got a little nastier when news of alleged beatings during sex were leaked to the public. In a testimony given and recorded by his ex, Oksana Grigoreiva, she claims that Gibson beat her in order to arouse himself since he already has libido problems.

She also claims that the actor struck her so hard on the face on January 6,2010 that a veneer was knocked off her tooth while the other side of her face was damaged. However, no other incidents of assault were listed in her testimony.

The two were separated in March 2010 and Grigoreiva filed a domestic violence complaint against the actor a few months later on July 5, 2010. They have a daughter together, Lucia, who was born on October 30, 2009.

Child custody is not always easy when two parents have made the decision to separate. If you are seeking child custody or even attempting to prevent it, a Jacksonville family law attorney can provide the legal advice and voice you need in the courtroom.  Contact our legal team today!

Irony strikes as a longtime employee of the IRS plead guilty to filing false tax returns for himself and members of his family. Albert Bront, 51, is not the first IRS employee to be found guilty of this crime.  However, he did claim large chunks of money that didn't exist. These included a $17,000 mortgage interest deduction where no mortgage existed, as well as a $12,000 deduction for alimony that was never paid.

Bront was able to pocket another $10,000 by filing fake returns in the name of his relatives who simply thought that he was being helpful.

After a large raid of the IRS in 2009, Bront has since plead guilty to three tax counts in a Los Angeles federal courthouse. He was immediately jailed and has agreed to pay back $127,000 for restitution. Bront could spend as many as nine years in jail; however, he will not know until his final hearing on April 13.

Having issues with alimony?  Contact our legal team to speak with a Jacksonville family law attorney. 

Another celebrity is fighting the rumor mill, this time it is Kendra Wilkinson about her supposed upcoming divorce to husband Hank Baskett. She went on the national radio show "Johnjay and Rich" on Friday to issue a statement, "I don't think me clearing this up is going to make it [into the news] because they don't care. People are going to say what they want."

Wilkinson, 25, says she has even gone to such lengths as to buy all the magazines at the airport she sees that publish negative stories about her.

In a move to possibly counteract the bad press Wilkinson and Baskett, 28, made a public appearance at the Comcast Entertainment Group's TCA Reception in Pasadena, CA last week. They took pictures together and Wilkinson later posted on her blog, "I love date nights with my baby!!!!!"

If you are considering divorce then it is time to consult with a Jacksonville divorce attorney. Before you make the final decision to file for a divorce, you should familiarize yourself with the process.  Contact Ellerin Hutchinson now!

If you live in Florida and receive or will soon be the recipient of child support, you need to familiarize yourself with current and future laws regarding child support.  One such law, HB 907, covers alimony and child support. It will change the parameters affecting how courts decide child support and alimony payouts in divorce cases.

HB 907 will assess alimony partly based on the length of the marriage, deeming anything from 7 to 17 years as a moderate length; less than 7 years will be deemed a short-term marriage. Under this new law child support can also be extended beyond the standard 18-year-old mark, but only if the child is still in high school or has a disability.

The law was sponsored by Anitere Flores (R-Miami) and will apply to cases filed on July 1,2010 and later.

If you have questions about child support in your state, contact us to speak with a Jacksonville family lawyer as soon as possible.

Rumors are swirling around Kelsey Grammer's upcoming divorce are about the large amount of money he will be forced to pay in the settlement. Now that Grammer is taking no liberties at hiding his mistress, Kayte Walsh, from the public, it is certain that wife Camille Donatucci Grammer will try to take revenge.

Sources close to the family say that Camille was offered a sum of $30 million minus child support and alimony but she reportedly turned it down. Since there is no pre-nup involved in their marriage legal experts believe that she could easily get another $20 million, especially since she is a partner in his TV company.

That makes for a total of $50 million that she could ask for in addition toalimony and child support.

If you plan on asking for alimony from your spouse you need to enlist a Jacksonville family law attorney now.  Don't wait - contact Ellerin Hutchinson today!

Pop star Christina Milian has finally spoken publicly about her divorce to "Latina" magazine. She spoke openly about her short marriage of just one year to The Dream, obstacles in her past and how she is ready to move on. She is also the cover girl for the magazine's February issue.

The 29-year-old told the magazine that she attempted to change herself in an effort to make the marriage work but quickly realized that she wasn't happy anymore. Milian is now ready to "enter the next phase of [her] life."  While she was already unhappy with the marriage rumors of a possible affair between her husband and another woman is what ultimately ended it.

Although she had wondered for a while whether The Dream was having an affair, Milian hasn't been commenting on it to the press. But after thinking back to their time together, her "gut was telling [her] something was off."

The pair has a daughter together.

Are you thinking about filing fordivorce?  If so, contact us to get advice from an understanding Jacksonville divorce lawyer.

Although a check for $15 million would make nearly anyone feel happy, it is not the case for Eddie Murphy's ex-wife Nicole Murphy. When the two they divorced four years ago after 13 years of marriage, Nicole opted to have a one-time payout of $15 million instead of monthly alimony payments.

What seemed like a smart decision at the time has taken a turn for the worse after Nicole's business investments also took a nosedive. She is now in debt and has been forced to take drastic moves to improve her financial situation. Her mansion is now for sale as the IRS is piling tax liens on her to the tune of $846,630. At this time she owes $5 million on her house and her landscaping company $60,000. At this point the money in her account is dwindling quickly.

If you are debating whether to ask for alimony from your spouse or take a one-time lump settlement for your divorce, you need tocontact a Jacksonville family law attorney to help you make this important decision.

The Supreme Court recently decided in achild support case that could prove to be costly for one negligent father. The basis behind its decision is the legal bearing that parents are not able to change a child support order in any way without getting the change approved by a court first.

When Anthony Laura lost his job two years ago, he and his ex-wife agreed to reduce his child support payments privately from $57 a month to $50. However, this agreement is now being deemed invalid because it was not agreed to before a judge. He is now liable for nearly $5,000 in back support payments as originally ordered by the court.

Laura was told about his payments owed when the state Division of Child Support Services sent him the bill. This came after his ex-wife was forced to apply for food stamps as well as other state assistance. The Supreme Court upheld a ruling from a lower court saying that the parents should have gone before a judge if they wanted to amend the child support payments.

Need help with a child support matter? Contact us to enlist assistance from a Jacksonville family law attorney.

Even if you are the non-custodial parent, any time that you move away from your child, especially out of state, it is advisable to either get or keep an attorney on retainer. Why? There are several items that can influence your relationship with your ex-spouse and children that are a result of parental relocation.

First, if you are leaving the state for a different job, it could affect your spousal and child support payments, especially if you have been offered a more financially-sound job. Secondly, your decision to move away could affect your visitation rights. If you do have partial or joint custody of your children, you may be required to send them to live with your former partner/spouse for certain periods of time, like summer or winter holidays.

No matter what your reason for moving away is, it will definitely impact the legal and financial relationship between you, your former spouse, and your children together. It is best to discuss and make any legal arrangements before your move to avoid any complications later on down the road. You also want to ensure that you are in compliance with all of your divorce settlements.

Have questions pertaining to parental relocation?  Take the time to contact our firm and speak with a Jacksonville family lawyer.

Making the decision to get a divorce is difficult, as it doesn't just involve the splitting up of two people. It can also include the division of possessions, alimony, and child custody and support payments. Even though you can make an arrangement for alimony in the beginning of your divorced life, it is possible that one or another partner can request modification of alimony.

This can occur several years after a couple has been divorced when one partner finds himself (or herself) unable to either make spousal support payments or live on the agreed-upon payments. When this happens the affected party will seek alimony modification. There are many reasons why this could arise, such as when a spouse loses their job; or someone could get a better job, prompting the paying party to demand lower alimony payments.

If you are curious about seeking modification of alimony, either to reduce payments or to ask for higher payments, you need the legal assistance and advice of a Jacksonville family law attorney.  Don't wait to contact Ellerin Hutchinson to get our legal team involved.

Even during the merriest of seasons, Hollywood couples continue to file for divorce. One of the most recent pairs to split up are Dylan Walsh, 47, of Nip/Tuck fame, and his wife Joanna Going, 47. The couple had been married for six years.

Although they aren't discussing the particulars at this time, court documents reveal that the split is due to "irreconcilable differences." Walsh and Going are seeking joint legal and physical custody of their seven-year-old daughter, Stella.

Walsh has already agreed to pay spousal support to Going. This is not Walsh's first time getting divorced.

The actor had previously been married to Melora Walters of "The Office" for seven years before seeking a divorce.

Are you considering divorce? It is a painful and difficult decision, especially if children are involved. Do not attempt to navigate these tricky waters alone, contact a Jacksonville family law attorney now to get the legal help that you will need in the upcoming months.

Although division of property can be a difficult process during divorce proceedings, the rule of thumb is for equitable distribution, where property acquired during the course of the marriage is split 50/50. This will be done no matter whose name the property is actually in. However, the courts do have flexibility in changing these percentages but that normally occurs only under extraordinary circumstances.

If one of the people owns a business, the other person may be entitled to half of the business as well including equipment, accounts receivable, and goodwill. However, if the business has ceased to generate a profit, the non-owning party may not want to have fifty percent of the goodwill.

In cases where a house was purchased before the marriage and then transferred into joint names, even this property can be determined eligible for 50/50 split status. The court will recognize the transferring of the names as the intention of the owner to present the house as a gift to his or her new spouse. The same can happen for money that was commingled with a joint account after marriage. It will be recognized as marital property that is subject to equitable distribution as well.

If you are going through a divorce and would like to understand what might happen to your property, contact us to work with a Jacksonville family law attorney.