How Permanent is Permanent Alimony in Orlando, Florida

             In awarding alimony, the court will consider the needs of the receiving spouse as well as the financial ability of the paying spouse.   Modification of permanent alimony is possible under certain conditions.  The court may modify alimony if there has been a change in circumstances or financial ability.  The change can involve either party and must be considered substantial.  Also, it must be shown that the change was not contemplated by either of the parties at the time alimony was awarded. 

            The court may also consider modifying permanent alimony if the payee is living with and receiving support from another person, for instance a boyfriend or girlfriend.  The payer of alimony will have the burden of proof in this situation.  The law requires a preponderance of evidence that a supportive relationship exists.

            Any modification to alimony must be petitioned through the court which ordered the alimony.   The amount of alimony you pay or receive can have a profound effect on your financial future.  A qualified family practice attorney can evaluate your situation to determine if it is one in which permanent alimony should be modified.  If you would like more information regarding alimony, please call the Law Office of Wade P. Luther, P.A. at (407) 835-9900 or visit our website at

http://FamilyLawofOrlando.com

What Does an Uncontested Divorce in Orlando, Florida Mean?

              An uncontested divorce means that both parties in a divorce or dissolution of marriage agree on major issues such as custody of their minor children and the division of their property.  This type of divorce will typically be less costly than one in which all issues between the parties are contested.  A Marital Settlement Agreement will define the terms of the agreement that the parties have reached. 

              An experienced Orlando divorce attorney can play an important role in ensuring that the Petition for the Dissolution of Marriage is filed properly to begin the divorce.  The paperwork required by the court can be overwhelming and confusing.  If initial pleadings are not filed correctly, it may prolong the procedure or affect your rights. 

            Once the petition and initial pleadings have been filed, the details of the Marital Settlement Agreement must be worked out.  It is at this point that each party must take care to see that their rights and obligations are properly defined.  Each party would be wise to have an attorney of their choosing review the agreement to be certain that their individual interests are protected.  Once an agreement has been reached, it can be incorporated into a Final Judgment of Dissolution of Marriage.  This document must also be filed with the court.

            At the Law Office of Wade P. Luther, P.A., we’re committed to helping Orlando area residents resolve their divorce issues as quickly and cost effectively as possible.  To set up an initial consultation with Mr. Luther, please call our office at (407) 835-9900 or for more information, visit our website at

http://FamilyLawofOrlando.com

Equal Timesharing in Child Custody

            Recently in Orlando there has been a trend toward couples choosing to share custody with their minor children more equally.  Both Husbands and Wives are seeking to be more actively involved in their children’s lives by spending more than every other weekend with them.  In many cases this may result in a request for equal timesharing, also called rotating custody.

            Courts must consider the best interest of the child when deciding timesharing and custody issues in Florida divorce or paternity cases.  Prior to 2008, the court was required to designate one parent the “primary” residential parent with the other parent being the “secondary” residential parent.  However, new legislation that year did away with that designation for child custody.  Today many judges, especially in Orlando, start with the presumption that there should be equal time sharing.   If your children are older or more mature, if you live close to the custodial parent, or if you live in the same school district as the custodial parent, your likelihood of being granted equal timesharing with your children may be greater.

            Getting advice from an experienced Orlando child custody attorney can help you be certain you will be granted the parenting plan that is best for you and your child.  If you would like help with a custody issue, please call our office at (407) 835-9900 or visit our website at

http://FamilyLawofOrlando.com

What is an Administrative Order?

           Your spouse has filed for divorce, and you were served with an overwhelming amount of information.  If you live in Orange, Osceola or Seminole County and have children, there is one document you’ll want to review carefully.  Each of these counties has an Administrative Order that has been written to guide your behavior as you proceed through the divorce process. 

            This document has been developed to help reduce conflict among the parties in a Dissolution of Marriage or Paternity action and to help ensure that the best interest of your children is upheld.  Simply put, it is a list of do’s and don’ts for each party.  Some of the issues dealt with in an Administrative Order are contact between the children and both parents, relocation of the children, child support, conduct of the parties, parenting class requirements, communication between the parties, property, insurance and debt.

            It is important to be aware of the requirements of the Administrative Order for your specific county as failure to abide by them can result in sanctions by the Court.  An experienced Orlando family practice attorney can help you understand your rights and obligations as they pertain to the Administrative Order in your particular county.  If you would like more detailed information on how these rules apply to your divorce or paternity action, please contact the Law Office of Wade P. Luther, P.A. or visit our website at

http://FamilyLawofOrlando.com

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

http://FamilyLawofOrlando.com

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

http:///FamilyLawofOrlando.com

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

http://FamilyLawofOrlando.com