In Custody Proceedings, What Problems Are You Likely to Face with Foreign Pick-Up Orders?
Jacksonville Divorce Attorney Blog
by Neil Weinreb
3M ago
What is a Pick-Up Order? In Florida, a pickup order that is issued may be issued to secure the physical custody of a child from one party and then deliver that child to another party. Most courts disfavor pickup orders for children, as it is thought that it may be harmful for children to be exposed to this procedure.  The author believes that it can be tramatic for a child to experience the police enforcing a change of custody when it is unexpected and is apparently stressful on the parent that must give up custody.  Most judges will use this type of an order sparingly when other att ..read more
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Which School Should My Child Attend?
Jacksonville Divorce Attorney Blog
by Neil Weinreb
6M ago
What Is a Parenting Plan? A parenting plan is an all-inclusive plan that determines where a child lives, goes to school, and the child’s interaction with his or her parents.  Florida divorces and paternity cases require a parenting plan.  The parenting plan helps determine which parent will be responsible for the child, and when and how they will timeshare with the child.  What is a Parenting Plan Based Upon ..read more
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Do You Need an Attorney for a Florida Divorce?
Jacksonville Divorce Attorney Blog
by Neil Weinreb
1y ago
The question as to whether or not an individual needs an attorney to divorce in Florida is simple if we review the question literally.  You can get a divorce in Florida without an attorney.  However, it may be unwise to attempt to be divorced without an attorney. Why Should I Use an Attorney? The author believes that an attorney is essential if you are attempting to obtain a divorce.  This may sound like a self serving statement, but the author thinks there are numerous reasons that one should use an attorney to guide them through the process.  The author feels that having ..read more
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CAN I GET PAST DUE CHILD SUPPORT IN FLORIDA AFTER CHILDREN BECOME ADULTS?
Jacksonville Divorce Attorney Blog
by B. Elaine Jones
1y ago
The general rule in Florida is that child support terminates when a child reaches 18 years of age.  However, the general rule does not apply when child support is still owed for any time prior to the child’s reaching adult legal status.  Under those circumstances, the custodial parent generally retains the right to collect on the overdue balance owed.  In terms of procedure, to collect any outstanding child support payments, the custodial parent must obtain a Court order signed by a Judge.  Even if the debtor parent is not currently able to make the payments, the Court orde ..read more
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Who Gets the Home in a Florida Divorce?
Jacksonville Divorce Attorney Blog
by Neil Weinreb
1y ago
The marital home is frequently the largest asset between the parties to be divided in a divorce. When and how the marital home was acquired will be a major factor in determining who gets the marital home temporarily and permanently. What is Exclusive Use and Possession? Exclusive use and possession refers to one party receiving permission to use the home for their own purposes. Conditions are frequently provided for, as well. A frequent condition to receiving exclusive use and possession of a home is typically connected with paying the mortgage or other household bills.  This sometimes oc ..read more
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WHAT FACTORS DOES A COURT CONSIDER WHEN AWARDING ALIMONY IN FLORIDA?
Jacksonville Divorce Attorney Blog
by B. Elaine Jones
1y ago
The end of a marriage can be a trying time, both emotionally and financially.  For many people, fundamental aspects of their daily life will change dramatically, including where they live, how often they see their children, their day-to-day routine, and even whether or not they have a job.  In some cases, one of the parties to a marriage has forgone pursuing a career to support his or her spouse or may have left the workforce early to raise a family or manage the marital home.  Your Jacksonville family attorney can assist you in obtaining alimony or defending against alimony cla ..read more
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WHEN DOES CHILD SUPPORT END IN FLORIDA?
Jacksonville Divorce Attorney Blog
by B. Elaine Jones
1y ago
Many divorcing parents and single parents are aware of their obligation to support their children, and some are familiar with how the amount they must pay is decided.  Fewer are aware of how long the obligation to support their children continues.  Your Jacksonville family attorney can assist you with understanding all of the nuances about child support. Payment Lasts Until the Child Reaches Majority Age In general, a parent must pay child support until the child is 18 years old.  This is considered the age of majority or when the child is recognized as an adult.  However ..read more
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In Florida, Does a Child Support Obligation Have a Statute of Limitations?
Jacksonville Divorce Attorney Blog
by Neil Weinreb
1y ago
What is a Statute of Limitations? The term “Statute of Limitations” refers to a law that limits the period for which one may file a lawsuit.  This time period will typically vary by state and the type of suit that is being filed. For instance, the period of time for filing suit for a wrongful death claim may be different from the period of time one has to file for a trespass suit.  Federal law normally controls Statute of Limitations Periods for cases decided based upon federal law. How Far Back Can One Be Assessed in Determining Child Support ..read more
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WHAT ARE SOME MYTHS ABOUT MEDIATION IN JACKSONVILLE, FLORIDA?
Jacksonville Divorce Attorney Blog
by B. Elaine Jones
1y ago
Mediation is an alternative dispute resolution that is mandatory in a Florida divorce, paternity, or modification case, but many people do not see the process as the benefit it is.  During mediation, the two parties will meet with a mediator who is an unbiased and uninterested person in the case.  The mediator will try and help the parties resolve all disputes related to the family law case.  If an agreement is reached, it is drafted and submitted to the Court for approval so the case can be closed.  While the process is straightforward, there are still many myths related t ..read more
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Are You Domiciled in Florida?
Jacksonville Divorce Attorney Blog
by Neil Weinreb
1y ago
Your domicile is the place upon which an individual has voluntarily decided to reside permanently.  In the ordinary sense, a persons domicile is the place where he lives and where he has his or her home.  However, the legal definition is more specific.  The plan in which a person has his or her permanent home and principal establishment upon which he intends to return whenever he is absent would fit the legal definition of domicile. Why is it Important to Determine Domicile? The domicile that one chooses has legal consequences. One’s domicile determines which state can probate a ..read more
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