Author Archives: Jay Butchko
Wife Successfully Gets Postnuptial Agreement Voided in Florida Family Law Case
Generally speaking, the court will uphold a prenuptial or postnuptial agreement that was voluntarily entered into by both parties, even if one party is severely disadvantaged by the agreement. Nonetheless, you must be able to demonstrate that the agreement was voluntarily entered into by both parties. That’s why it’s so important to have a… Read More »
What Happens if One Parent Tries to Turn the Children Against the Other Parent?
The concept is known as parental alienation. It occurs when one parent tries to turn the children against the other parent. Courts are very aware that children become a battleground in the animosity caused by a divorce. One parent demonizes the other, and the court is left to determine which parent should have custody… Read More »
Are Inherited Assets Subjected to Equitable Distribution During a Divorce?
This is a complicated question, so it requires a long answer. Marital assets are subject to equitable distribution during a Florida divorce. Generally speaking, inherited assets are not part of the marital estate. This means that they are not subject to equitable distribution unless they’ve been “commingled” with assets from the marital estate. To… Read More »
Can I Modify Alimony After a Florida Divorce Case?
In Florida, it is possible to modify your alimony payments after the judge has granted alimony to your former spouse. But you have to prove “substantial changes” have occurred, either in your ability to pay or your former spouse’s need for financial support. One case in which alimony was modified is Linstroth v. Dorgan…. Read More »
Can Alimony Be Terminated if Your Former Spouse Enters into a New Relationship?
In some cases, the answer is ‘yes’, alimony can be modified if your former spouse, to whom you are paying alimony, enters into a new relationship. If the spouse remarries, then alimony is automatically terminated. However, if the spouse enters into a new relationship or even lives with a new partner, you must show… Read More »
Can I Relocate My Children After a Florida Divorce?
You can relocate your children in Florida, but you need court approval first, unless your former spouse agrees to the move. Relocating without court approval could be considered kidnapping. The State of Florida has a vested interest in the well-being of its children. If you want to move with your minor children, you will… Read More »
Will I Lose My Alimony If I Remarry in Florida?
In most cases, the answer is ‘yes’, alimony payments will stop automatically once you remarry. Florida Statute § 61.08(8) holds that once the recipient of alimony remarries, alimony payments are automatically terminated. However, there is one exception under the law. In the case of Herbst v. Herbst, the wife successfully argued that she should… Read More »
What are the Penalties for Violating a Parenting Plan in Florida?
In the State of Florida, judges decide child custody cases based on the best interests of the child. Parents are encouraged to develop their own parenting plan that reflects the interests of their children. As soon as the court approves the parenting plan, it becomes a legally binding document that must be followed by… Read More »
Do I Need an Attorney to Apply for Child Support in Clearwater, FL?
As a parent, you can apply for child support in Clearwater by signing up for child support services through the Florida Department of Revenue. While you do not need an attorney to sign up for these services, it does not mean that you should not have an attorney assist you during the process. If… Read More »
What Should I Include in My Prenuptial Agreement?
During a Florida divorce, the courts will divide your assets equitably—not necessarily evenly. In addition, you could end up paying alimony, child support, and being saddled with your partner’s debts. This can cause considerable apprehension. One way of managing this problem is for you and your spouse to sign a prenuptial agreement prior to… Read More »
