Author Archives: Jay Butchko
Requirements for Modifying Child Support in Florida
When a court enters a child support order, the process for modifying that order can get complicated. You have the burden of showing a “substantial change in circumstances” to justify a modification. The general requirement, according to Florida law, is that a modification may be pursued is your changed circumstances would affect support by… Read More »
Understanding Florida Parental Relocation Laws
When you are divorced and are the custodial parent of a child, or children, in Florida, you cannot simply pack up and move to a new state. The other parent has to be involved and there are a myriad of legal hurdles you need to be prepared to address. For example, under Florida law,… Read More »
Understanding Florida “Parenting Plans”
You may have heard about joint custody and sole custody when it comes to determining the rights of divorcing parents and their children. In Florida, the terminology is different, but the objective is the same. Florida requires divorcing parties with children to submit a parenting plan before the divorce is approved. This parenting plan… Read More »
Study Reveals Public Misconception About Child Support
A study published by the Child and Family Law Blog showed that the public views court-ordered child support in the U.S. to be grossly unfair. The study consisted of 3,000 prospective jurors who were being interviewed. “We gave people cases, and said ‘Imagine you are a judge and you are asked to set the… Read More »
Pre-Divorce? Understanding Florida Separation Laws
When a marriage hits a rocky point and the spouses are debating whether or not to consider filing for divorce, it is quite common for spouses to separate but remain married, until they decide whether officially filing for divorce is the most prudent course of action. This is perfectly understandable. There are numerous reasons… Read More »
You’re Not Alone: Why Speaking to a Lawyer About Domestic Abuse Makes Sense
Over four million women are physically assaulted and/or raped by their partners each year in the United States. If that isn’t bad enough, one in three female homicide victims are murdered by their current or former partner every year, according to Safe Horizon. In Florida, over 113,000 domestic violence reports were made to Florida… Read More »
Failure to Pay Child Support Carries Serious Consequences in Florida
Child support is ordered in many divorce cases involving children. The intent behind child support is to ensure that a child, or children, are properly taken care of after a divorce, whether they live with one parent or both. Unfortunately, many parents, for a variety of reasons, choose to shirk their responsibilities and not… Read More »
Prenup Prep: What You Must Do Before Signing a Prenuptial Agreement
There is no harm in considering a prenuptial agreement if you are engaged or are thinking about getting married. To be sure, a prenuptial agreement offers significant protection to you and your family in the event of divorce or death. However, there are certain stigmas associated with these agreements that cause many to avoid… Read More »
Permanent Alimony May Be Coming to an End in Florida
Under current law, an alimony award can extend on for years, even decades. Such an award is called “permanent alimony.” “I’m 64-years-old and have been paying 15 years on a 13 year marriage. My ex-husband, who does not work, receives 65% of what I earn and I receive 35% of what I earn, after… Read More »
Keep What’s Yours: Understanding Non-marital Property in Florida
A blog was posted on this site discussing how exactly property is divided under Florida law. A key factor is whether assets are considered “marital property” or “non-marital property.” Only marital assets have to be equitably divided when a couple divorces. This means if your property falls under the “non-marital category,” it will be… Read More »