Jacksonville Divorce Attorney Blog

A recent study showed that a total of $35 billion in child support is owed all across the US, but only 41% is actually paid. This is down from about 60% in 2009, largely due to the economic downturn over the past several years.

One thing many parents behind on child support don't realize is that the court can, and will, alter your child support requirements if you legitimately cannot pay them. If you had a well-paying job when the court first established the numbers, it is not fair that you have to pay that same amount if you lost your job and cannot find another one.

The key is speaking with a Jacksonville Florida Family Law Attorney as soon as you can to help negotiate your payments. The court often will only lower your payments, but not reduce any outstanding amount you already owe. If your income drop is only temporary, this might not be an issue; however, if you cannot find new work, you are simply adding more and more money to what you will eventually have to pay.

Courts consider other factors when determining the level of support to pay. For example, the court may consider how often you have custody of the child -- more time means you likely have higher expenses. But the court needs help in making this calculation, and a Jacksonville Florida Family Law Attorney can help you in that court proceeding. If you have a custodial issue and would like to speak with an attorney, contact a Florida Family Law Attorney here in Jacksonville.

Many parents in the Jacksonville, Florida area are under the impression that child support is paid throughout a child's college eduction or until a child reaches the age of 21. Although this is true in other states across the country, it is simple not the case in Florida. In Florida, child support terminates when a child reaches the legal age of majority, 18. There is no statute or case law in Florida stating that a Parent has a duty to pay child support or help with a child's college expenses.

However, there are always exceptions to any rule. For example, in Florida if a child becomes incapacitated or otherwise disabled and thus remains a dependent child, child support will more than likely continue. Conversely, if a child becomes emancipated through court proceedings or joins the military child support will terminate.

Whether child support was determined via a divorce action or a paternity action the termination date should be set out in the final judgment. If there is no termination date specified the law will dictate and the child support will terminate upon the child's eighteenth birthday, unless, of course, the above mentioned exceptions apply.

However, it is important to take into consideration that parents can agree to a different termination date. Parents can agree to what ever terms they desire in a contract as long as it is legal.

To learn more about child support termination, child support guidelines and child support in general contact a Jacksonville Family Lawyer today!

Jacksonville Divorce, custody and family disputes are highly emotional and important matters that we at Apple Law Firm take special pride in handling. Regardless of the circumstances, the break up of any marriage involves many legal issues that cannot be overlooked and must be thoroughly researched and evaluated so that our clients obtain a fair and equitable result upon the termination of their marriage.

Our Jacksonville Florida Divorce and Family Law Attorneys recognize that a divorce or child custody issue can create stress and cause individuals to take unrealistic positions on various topics. We strive to open lines of communication and help families work through this difficult process while creating an environment that allows children to enjoy a normal and healthy lifestyle. Whether you need an uncontested divorce or just enforcement of a previous agreement we are able to help preserve and enforce your rights in Duval, Clay, Nassau, and St. Johns County.


If you are considering divorce or have just been served with divorce papers contact a Jacksonville Divorce Lawyer at (904) 685-1200 to schedule a free consultation.

Here's an interesting case. Four years ago, a Texas man split from his girlfriend, who was moving to California. They evidently split on agreeable terms; so agreeable, in fact, that he saw no reason to decline her request for his sperm to use in her in vitro fertilization.

She gave birth to triplets. Though acknowledging his biological paternity, the man went on with his life. He got married. He had no intent of ever being involved in the triplets' lives. That all changed when his former partner sent him a letter requesting child support.

Unfortunately for him, the California law required child support payments to be made while the case was pending. So, while making the payments, the man challenged the requirement to do so. The first court found that he was legally obligated to make payments, so the man obviously appealed. There was no law directly on point in California; however, there was a law preventing donors (like him) from filing paternity claims against women who give birth to children using the donors' sperm. The man argued that the converse should also be true; i.e., that he should not have to make payments to a woman who used his sperm for her in vitro pregnancy.

Thankfully, an appellate court agreed and held that he did not have any financial obligation to the woman or her children. Though the court held he did not have to make any more payments, he was still out the thousands of dollars he had to pay while the case was on appeal. He also had to pay attorney's fees.

It's unfortunate that the woman in this situation even tried to secure payments from him. It's even more unfortunate that he was forced to make the payments at all. This just goes to show how sometimes the law is not in tune with modern technology like in vitro fertilization. It's important to consult qualified attorneys before making decisions that could have legal implications. If you are in the St. Augustine, Florida area, contact a St. Augustine Family Law Attorney to discuss any questions you might have.

Yulee Divorce, custody and family disputes are highly emotional and important matters that we at Apple Law Firm take special pride in handling. Regardless of the circumstances, the break up of any marriage involves many legal issues that cannot be overlooked and must be thoroughly researched and evaluated so that our clients obtain a fair and equitable result upon the termination of their marriage.

Our Yulee Divorce Lawyers recognize that a divorce or child custody issue can create stress and cause individuals to take unrealistic positions on various topics. We strive to open lines of communication and help families work through this difficult process while creating an environment that allows children to enjoy a normal and healthy lifestyle. Whether you need an uncontested divorce or just enforcement of a previous agreement we are able to help preserve and enforce your rights in Duval, Clay, Nassau, and St. Johns County.

If you are considering divorce or have just been served with divorce papers and live in the Jacksonville, Florida area contact a Yulee Divorce Lawyer at (904) 685-1200 to schedule a free consultation. Weekend and night appointments are available. 
Got a question and it is after regular business hours? Call Attorney Charles E. Fyler II on our after hours line at (904) 701-8702.

Many couples considering divorce are concerned that beginning divorce proceedings will mean that they have to put their lives on hold while their lawyers drag them through months of court battles, legal struggles and attorney fees. Not all divorces have to proceed this way. Many couples considering divorce are exploring the concept of uncontested divorce. Uncontested divorce is a fresh approach to divorce, one without the strain and discord normally associated with a traditional divorce.

In an uncontested divorce an attorney will draft a Marital Settlement Agreement, which identifies and addresses all issues between the divorcing parties including division of their mutual debts, properties, definitions of alimony, etc. Both parties consent to and sign the document which will be filed with the court. The Court adopts the agreement and enters it as part of the Court's divorce decree of Dissolution of Marriage.

If you are considering a St. Augustine Divorce, it may be in your best interest to enlist the guidance of an attorney. An experienced St. Augustine Divorce Attorney can prepare and help you and your spouse carry out an uncontested divorce that is simple and affordable. If you think an uncontested divorce may be right for you, contact a St. Augustine Divorce Attorney today for a complimentary consultation to discuss your options.

In divorce cases in Florida, child support is required to be calculated in every marriage that results in children. The amount of support owed by either parent is calculated based on factors according to a formula set forth by the state of Florida.

Based on Florida law, if one of the parents is out of work and that parent cannot prove that they are employed to the best of their abilities, or attempting employment to the best of their abilities, then a judge can attribute the national median wage that is current to that parent. Currently, that median income can be as much as $40,000 per year.

Essentially, that means all efforts by someone who is going through a Ponte Vedra child support proceeding to improve or find employment need to be thoroughly documented and all efforts to find employment must be in good faith. If a Ponte Vedra parent is not able to be employed to the national median income level, they are better off being fully employed to the maximum of their abilities when facing a Ponte Vedra child support case.

If you are facing a Ponte Vedra child support case, contact a Ponte Vedra Child Support Lawyer today. Documenting all efforts is always the easiest way to help your Ponte Vedra Child Support Laywer prove income in your case.

Mandarin Divorce, custody and family disputes are highly emotional and important matters that we at Apple Law Firm take special pride in handling. Regardless of the circumstances, the break up of any marriage involves many legal issues that cannot be overlooked and must be thoroughly researched and evaluated so that our clients obtain a fair and equitable result upon the termination of their marriage.

Our Mandarin Divorce Lawyers recognize that a divorce or child custody issue can create stress and cause individuals to take unrealistic positions on various topics. We strive to open lines of communication and help families work through this difficult process while creating an environment that allows children to enjoy a normal and healthy lifestyle. Whether you need an uncontested divorce or just enforcement of a previous agreement we are able to help preserve and enforce your rights in Duval, Clay, Nassau, and St. Johns County.

If you are considering divorce or have just been served with divorce papers and live in the Jacksonville, Florida area contact a Mandarin Divorce Lawyer at (904) 685-1200 to schedule a free consultation. Weekend and night appointments are available. 
Got a question and it is after regular business hours? Call Attorney Charles E. Fyler II on our after hours line at (904) 701-8702.

Ponte Vedra Beach Divorce, custody and family disputes are highly emotional and important matters that we at Apple Law Firm take special pride in handling. Regardless of the circumstances, the break up of any marriage involves many legal issues that cannot be overlooked and must be thoroughly researched and evaluated so that our clients obtain a fair and equitable result upon the termination of their marriage.

Our Ponte Vedra Beach Divorce Lawyers recognize that a divorce or child custody issue can create stress and cause individuals to take unrealistic positions on various topics. We strive to open lines of communication and help families work through this difficult process while creating an environment that allows children to enjoy a normal and healthy lifestyle. Whether you need an uncontested divorce or just enforcement of a previous agreement we are able to help preserve and enforce your rights in Duval, Clay, Nassau, and St. Johns County.

If you are considering divorce or have just been served with divorce papers and live in the Jacksonville, Florida area contact a Ponte Vedra Beach Divorce Lawyer at (904) 685-1200 to schedule a free consultation. Weekend and night appointments are available. 
Got a question and it is after regular business hours? Call Attorney Charles E. Fyler II on our after hours line at (904) 701-8702.

Recent reports are suggesting that NBA Hall of Famer, Dennis Rodman, may be facing up to 20 days in jail for failure to pay his ex wife court ordered child support and spousal support. Michelle Rodman is claiming that the Hall of Famer owes $51,441 in back spousal support and $808,935 in back child support for the parties' 9 and 10 year old children. Michelle Rodman is also seeking attorney's fees for having to bring a court action against the Hall of Famer. However, the former NBA star's attorney is arguing Rodman is sick and broke and has no ability to pay the large amounts of child support and spousal support.

As a Ponte Vedra Child Support Attorney I see cases similar to Rodman's all the time. Although, many cases do not involve back child support and spousal support in the amounts claimed above. In Ponte Vedra, Florida Judges take non-payment of child support very seriously. However, these Ponte Vedra Judges are restrained by the law and can only order jail time in very limited circumstances.

For instance, to put a non-paying parent in jail a Ponte Vedra Judge must:(1) find that the parent is willfully failing to pay the ordered child support amounts, (2) make the affirmative finding that the non-paying parent possesses the ability to comply with the purge amount and (3) put the above two requirements in a written order.

You may ask what exactly is a purge amount. Well, as a Ponte Vedra Child Support Attorney I know that a purge amount is an amount of money that must be paid toward child support arrearages in order to avoid going to jail for contempt of a support order. Because punishment is not the purpose of civil contempt proceedings, a Ponte Vedra Judge must allow the contemnor (person in arrears of ordered support) an opportunity to "purge" himself or herself of contempt.

A Ponte Vedra Judge must decide how much money the contemnor can reasonably pay toward his or her child support arrearage. Frequently, a Ponte Vedra Judge will set a purge amount at a sum much less than the total amount of the child support arrearage. When the purge amount is less than the total amount of the child support arrearage, the contemnor will be required to first pay the purge amount and then make periodic payments towards the remaining arrearage.

If you don't want to end up in a similar situation as Dennis Rodman but live in the Ponte Vedra, Florida or St. Johns County area, contact a Ponte Vedra Child Support Attorney today to schedule a free consultation. Offices in Jacksonville and Jacksonville, Beach.

During a Jacksonville divorce, many facets of a couple's life are controlled by an order of the court. Things like time-sharing for the kids, alimony for a spouse, and distribution of assets. Something a Jacksonville Court cannot control is the way a father chooses to live his life, even if he is making choices that sacrifice the life of you and your child after the divorce is finalized. Take the following as an example.

Wife gets pregnant and shortly after goes through a dissolution of marriage with her husband. Wife has been raising her child for the last 2 years with her child's father paying support. Lately, husband has been missing his payments and is about $5,000 behind in child support payments. He has been out of rehab and spent some time in jail, for which he also lost his job. Since that is the case, husband is petitioning the court to lower or reduce the amount of child support he owes.

A situation like this raises a few questions: will the court not enforce the arrearages of $5,000 because he can't pay? The answer most likely not. A Jacksonville Court will not usually reduce past due support payments unless the husband is able to show he is entitled to a reduction for a compelling reason, such as lack of capacity to enter the marital settlement agreement, which prevented him from filing a motion prior to the support payments due date.

But, a Jacksonville Court could reduce or modify the husband's payments that are not yet due if there is has been a substantial change in circumstances that would justify reducing them. This could be for a job loss that leads to a reduction in income or a serious health condition that prevents the husband from working. The Judge will also review the circumstances behind the convictions and rehabilitative stays to decide whether a lower future support payment is necessary.

The best safety net when arguing over these issues is to be represented by an experienced and professional Jacksonville Family Law Lawyer. A good Jacksonville attorney can ensure that you are asserting all of the proper rights and defenses in your favor at a support hearing. Contact a Jacksonville Family Law Lawyer where you may schedule a free consultation.

As a Jacksonville Family Law Lawyer, I often have cases where a mother and father are not married to one another but they have a child in common. In my experience many men falsely believe simply because their name is on the birth certificate that they are legally the fathers. In Florida this is simply not the case! There is more that is required for unwed fathers in Florida to gain legal rights over their children.

Under Florida law, until a Judge signs an Order which determines that an unwed man is the father of a child, then the child is NOT legally his. As such, the man has no legal rights to the child. That includes no rights for timesharing and no rights over major decisions in the child's life. This means that if the child's mother does not want to allow the alleged father to see the child, she is under no legal obligation to do so.

In order to be recognized as the legal father in Florida it is necessary to file what is called a Petition for Determination of Paternity. Paternity actions are brought before a court in order to assist a parent in acknowledging and protecting important time-sharing and child support rights and/or obligations.

You may ask, "Who exactly can file a paternity action?" Any woman who is pregnant or has had a child, a man who has reason to believe that he is the father of a child, or even a child may bring a paternity action to determine paternity when paternity has yet to be established. With that being said, an individual can also bring a paternity action if he believes he is not the father of a child but currently has a child support order against him.

It is important to note that Paternity actions are not simple proceedings that can be easily undertaken without the assistance of a knowledgeable Jacksonville Paternity Lawyer. If you have had a child out of wedlock and are concerned about your rights and the rights of your child, contact Charles E. Fyler II with Apple Law Firm to schedule a free consultation today!

Night and weekend appointments available. Simply call (904) 685-1200 and ask to schedule a consultation with Charles E. Fyler II.

Jacksonville Divorce, custody and family disputes are highly emotional and important matters that we at Apple Law Firm take special pride in handling. Regardless of the circumstances, the break up of any marriage involves many legal issues that cannot be overlooked and must be thoroughly researched and evaluated so that our clients obtain a fair and equitable result upon the termination of their marriage.

Our Jacksonville Florida Divorce and Family Law Attorneys recognize that a divorce or child custody issue can create stress and cause individuals to take unrealistic positions on various topics. We strive to open lines of communication and help families work through this difficult process while creating an environment that allows children to enjoy a normal and healthy lifestyle. Whether you need an uncontested divorce or just enforcement of a previous agreement we are able to help preserve and enforce your rights in Duval, Clay, Nassau, and St. Johns County.


If you are considering divorce or have just been served with divorce papers contact a Jacksonville Divorce Lawyer at (904) 685-1200 to schedule a free consultation.

Many parents in the Jacksonville, Florida area are under the impression that child support is paid throughout a child's college eduction or until a child reaches the age of 21. Although this is true in other states across the country, it is simple not the case in Florida. In Florida, child support terminates when a child reaches the legal age of majority, 18. There is no statute or case law in Florida stating that a Parent has a duty to pay child support or help with a child's college expenses.

However, there are always exceptions to any rule. For example, in Florida if a child becomes incapacitated or otherwise disabled and thus remains a dependent child, child support will more than likely continue. Conversely, if a child becomes emancipated through court proceedings or joins the military child support will terminate.

Whether child support was determined via a divorce action or a paternity action the termination date should be set out in the final judgment. If there is no termination date specified the law will dictate and the child support will terminate upon the child's eighteenth birthday, unless, of course, the above mentioned exceptions apply.

However, it is important to take into consideration that parents can agree to a different termination date. Parents can agree to what ever terms they desire in a contract as long as it is legal.

To learn more about child support termination, child support guidelines and child support in general contact a Jacksonville Family Lawyer today!

Jacksonville Divorce, custody and family disputes are highly emotional and important matters that we at Apple Law Firm take special pride in handling. Regardless of the circumstances, the break up of any marriage involves many legal issues that cannot be overlooked and must be thoroughly researched and evaluated so that our clients obtain a fair and equitable result upon termination of their marriage.

Our Jacksonville Florida Divorce and Family law Attorneys recognize that a divorce or child custody issues can create stress and cause individuals to take unrealistic positions on various topics. We strive to open lines of communication and help families work through this difficult process while creating an environment that allows children to have a normal healthy lifestyle. Whether you need an uncontested divorce or just enforcement of a previous agreement we are able to help preserve and enforce your rights in Duval, Clay, Nassau, and St. Johns County.


If you are considering divorce or have just been filed with divorce papers contact a Jacksonville Divorce Attorney at (904) 685-1200 to schedule a free consultation. Weekend and night appointments are available.