Search This Blog

Friday, December 16, 2011

Name Change After Divorce

One of the many difficult decisions to be made during a divorce is whether or not to keep your married name.  Although, traditionally, women were the ones to make a name change at the time of marriage, some men may have also chosen to do so.  Our name is our identity.  It is how people recognize us and identify us.  Many people with children will choose to keep their married name because of the children. However, there are some who choose to return to their former name or birth name after their divorce despite their parental status.

In Florida, the law allows a woman to change her name as part of the divorce.  The divorce petition or counter-petition will request the change.  It will then be incorporated into the Final Judgment of Dissolution of Marriage.  The process is relatively simple, the decision is more difficult.

If the name change is not done when the Final Judgment of Dissolution of Marriage is entered, then a completely separate suite must be filed. The petition for name change must meet certain statutory requirements. Once all of the appropriate pleadings and paperwork are filed, a short hearing before a circuit court judge is required.

At The Law Office of Wade P. Luther, we understand there are many difficult decisions during the process of divorce.  Our experienced family practice attorney can help guide you through that process and make sure your rights are protected.  When you’re ready to begin tackling these difficult decisions, please call our Orlando office at (407) 835-9900 or visit our website at

Tuesday, December 13, 2011

Can I get my child support increased?

The state of Florida has established child support guidelines for the settlement of support issues between parents.  An Orlando attorney experienced in child support can help you determine if you are eligible for a change in the support amount you are currently receiving or paying.
There are certain events which may enable one of the parents to request a modification of the amount of child support being paid.  These events must constitute a substantial change in circumstances. The loss of a job without fault or a substantial change in income by either party is one circumstance which may enable a modification.  However, the difference between the existing monthly child support obligation and the amount provided for under the child support guidelines must be at least 15 percent or $50, whichever amount is greater, before the court may find that the guidelines provide a substantial change in circumstances.  Keep in mind that any change in circumstances should be long-term and/or continuing in nature. This would not include a one time bonus, judgment, or award.
A Substantial change in daycare or health insurance expenses for the children or a child graduating from high school or turning 18 would also be considered substantial changes in circumstances.  If you’d like help from an experienced Orlando divorce attorney to determine if you may qualify for a modification to child support, please call the Law Office of Wade P. Luther, P.A. at (407) 835-9900 or visit our website at


Thursday, December 8, 2011

Establishing Paternity in Orlando, Florida

There are many important reasons to establish paternity for your child.  These rights are important for the child as well as both parents.  Most basically, paternity will allow the child to know who their father is.  As well, establishing paternity will allow the child to have information on family medical history, obtain health or life insurance benefits and child support, and possibly veterans and social security benefits.  For the parents, establishing paternity will give both parents the legal right to child support, timesharing and a voice in making decisions regarding the child.

In Florida, paternity will be established in one of five ways.  Paternity is established if the parents are married when the child is born.  If the couple is unmarried, paternity may be established at the time the child is born by signing a legal document at the hospital.  If the document is not signed at that time, and a genetic test proves fatherhood, an Administrative Order Based on Genetic Testing will establish paternity.  Lastly, if the parents of the child marry each other after the child’s birth, they may establish paternity by updating the birth record with the Florida Office of Vital Statistics.
If you are in need of an Orlando Family Practice attorney with experience in the area of paternity, please call the Law Office of Wade P. Luther, P.A. at (407) 835-9900 or visit our website at