Jacksonville Divorce Attorney Blog

January 5, 2012

Need vs. Ability to Pay and Alimony

I stumbled upon an article that I thought was pretty funny earlier the other morning. The article on 923now.radio.com was titled, “Should Russel Brand Ask For Spousal Support?”

As a Jacksonville Family Law Attorney, who deals with divorce and spousal support (alimony) constantly, I know that if Brand and Perry’s divorce was in Florida neither party would have a great chance at being awarded alimony.

When deciding whether to grant alimony in a divorce case, Florida courts consider many factors, including the length of the marriage, the spouses’ employment prospects, the age of each party, their standard of living, their marital contributions, their available income and assets, and the fairness of the situation.

January 4, 2012

LeBron James Engaged and in Need of a Prenup

by David M. Goldman

LeBron James and his high school sweetheart and mother of his two children, Savannah Brinson, are officially engaged. News agencies are reporting James popped the question on New Years Eve at the Shelborne Hotel in Miami, Florida. The happy news comes after a long courtship of sixteen years.

I hope the best for the couple and wish them a lifetime of happiness together. However, I can’t help but hope James’s legal team is on top of making sure a prenuptial agreement is in place in case of an unfortunate divorce. You can never be too cautious. Prenuptial agreements are all too important for the rich and famous and really anyone looking to protect assets in a divorce.

In Jacksonville Beach and all of Florida, premarital agreements are governed by Florida Statute 61.079. This statute is often referred to as the “Uniform Premarital Agreement Act”. Under this act a premarital agreement is defined as, “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage”.

January 3, 2012

LGBT Parental Rights

by David M. Goldman

On December 23, 2011, the Florida 5th District Court of Appeal handed down a ruling on a very unique case. The case involved a lesbian couple who had been in a committed relationship for eleven years, and prior to splitting up, had a child together. One mother donated an egg, which was then planted in the other mother who gave birth.

The question before the court was, who is the mother?

According to Florida law, the woman who gave birth is the mother. However, the District Court in this case felt differently and ruled both mothers have parental rights. The District Court reasoned that the U.S. and Florida Constitution trumps Florida law and Florida’s laws have not kept pace with the times.

January 2, 2012

Domestic Violence and Gun Rights

by David M. Goldman

gun ban.jpg As a Jacksonville Family Law Attorney I have worked on numerous domestic violence injunction cases. Through my work on these cases I have come to understand there are many ramifications stemming from injunctions for domestic violence that people are simply and completely unaware of.

Specifically, not even one of my past clients was aware of the effect domestic violence injunctions had on their gun rights. None of these clients had ever heard of the Lautenberg Amendment. Well, I’m going to take this opportunity to give a very brief rundown on this very topic.

The Lautenberg Amendment, which is often referred to as the Domestic Violence Amendment to the Gun Control Act, is codified at 18 U.S. Code §922(g)(9). In summary this act bans the ownership and use of firearms or ammunition by individuals convicted of a misdemeanor where the underlying charge is that of domestic violence, or who are under an injunction for domestic abuse. This act also makes in unlawful to knowingly sell or give a firearm or ammunition to such persons.

December 30, 2011

How to Get a Child Support Modification

by David M. Goldman

As a Jacksonville Child Support Lawyer I consistently work with clients who are working to get their ordered child support modified. The first thing I tell these clients is, in order to have their child support award or obligation modified there must be a substantial and material change in circumstances since the child support amount was ordered.

What constitutes a substantial and material change in circumstances can range from losing or changing jobs to children leaving the home. Under theses circumstances either party can file with the court a Supplemental Petition to Modify.

However, increases in child support are generally retroactive only to the date of filing and reductions in child support are usually effective only from the date the court actually signs the order.

December 29, 2011

Child Support Guidelines

by David M. Goldman

The State of Florida has child support guidelines that must be followed when calculating child support in a divorce or paternity case. Generally speaking, the parties’ combined net income, the percentage of time each party spends with the children, and the number of children involved are used in determining the amount of child support. Child care costs and health insurance costs are also added into the equation when determining child support.

It is important to note that child support cannot be waived by the parents. Child support is considered a right of the child not of the parent. Therefore, parents cannot bargain away their duty to support their child(ren).

Contact a Jacksonville Child Support Lawyer for further information of Florida’s Child Support laws.

December 28, 2011

Who Should Raise Your Child

by David M. Goldman

As a Jacksonville Family Law Attorney I am always reading articles that relate to family law issues in the Jacksonville and surrounding areas. I recently stumbled upon a Tampa Bay Times article titled, “Is a child always better off with relatives, even after bonding with a foster family?”. This article describes the turmoil that can develop in a Termination of Parental Rights/Dependency case. Whether you find yourself having your parental rights terminated or are just interested in the issue I encourage you to read the article.

Contact a Jacksonville Family Law Attorney today for a consultation for any family law related issues.

December 26, 2011

Celebrity Divorces of 2011

by David M. Goldman

2011 has been a big year for celebrity divorces. Some of the most notable 2011 celebrity divorces include:

(1) Kobe Bryant and Vanessa Bryant,

(2) Arnold Schwarzenegger and Maria Shriver,

December 23, 2011

Unemployment and Domestic Violence

by David M. Goldman

It is pretty well known that the recession hurts people in their wallets, but what about their relationships? In an article titled, “Marriage Economy, I Couldn’t Afford To Get Divorced,” on www.npr.org, the author discusses unemployment and it’s effects on domestic violence.

Specifically, the article states, “Philip Cohen, as sociologist at the University of North Carolina at Chapel Hill, says that multiple studies have found that the marital distress that comes from money problems and feeling trapped is strongly associated with an increased risk of domestic violence.” “One study, for example, looked at women who showed up in hospital emergency rooms for injuries that were both intentional and non-intentional.” “When you compare the women who were injured intentionally and women who were treated for other conditions in the emergency departments, they found that those who were injured intentionally were more likely to have experienced recent unemployment in their families.”

As a Jacksonville Family Law Lawyer I often see the correlation between money troubles and domestic violence. If you find yourself or someone you know in the unfortunate position of being a victim of domestic violence contact a Jacksonville Family Law Lawyer today to schedule a free consultation.

December 22, 2011

Equitable Distribution: What is it?

by David M. Goldman

Florida is an equitable distribution state, meaning that marital assets are divided on an equitable basis. Or at least that is a court’s objective. Under Florida’s equitable distribution statute, marital property should be equitably divided between divorcing parties.  

Florida Statute § 61.075 requires that a court begin the process of dividing assets and liabilities by setting aside those assets that are defined as “non-marital.” 

• typically those assets which either were owned prior to the marriage or inherited during the marriage and not mixed with marital assets,