Author Archives: Jay Butchko
Contested Prenuptial Agreements in Florida
Prenuptial agreements are made with the intention of offering clarity and predictability within the marriage. However, in cases involving contested prenuptial agreements, Florida courts do not automatically enforce the contract. In cases where one spouse questions the validity of the agreement, it becomes crucial for the Florida courts to review the entire process of… Read More »
Understanding Domestic Violence Injunctions in Florida
Under Florida’s statutes, a party is eligible to file a petition for an injunction of protection against domestic violence in the event they are harmed or facing a reasonable threat of imminent bodily harm. The consequences of an injunction are taken into consideration when deciding whether to award one. For this reason, a set… Read More »
Understanding Parental Relocation Disputes in Florida
Relocation cases involving children are among the toughest cases for family courts in the State of Florida. Parental relocation can impact the child’s time-sharing schedule, educational continuity, and their relationship with both parents. There are strict criteria that must be followed by the courts for relocation to be approved. In this article, we’ll discuss… Read More »
Imputed Income and Child Support in Florida
Child support litigation is often based on one issue in particular: How much income does the non-custodial parent have when calculating child support? If one parent is unemployed or underemployed, it can result in the imputation of income in lieu of their current income. That was the case in a Florida family law suit… Read More »
Florida Case Involves Contested Prenuptial Agreement
Generally speaking, prenuptial agreements can be seen as an emotional insurance policy. They’re usually signed with optimism for the future. On the other hand, they can be used to protect your interests should things fall apart. In Florida, the law gives wide latitude to couples who want to define their financial boundaries before marriage…. Read More »
When Pressure Undermines a Prenup: Lessons from Bates v. Bates
Prenuptial agreements are generally meant to bring certainty to your marriage. However, that’s only the case when they’re entered into freely and fairly. The Florida courts usually give wide latitude to couples who want to decide how their property will be handled if their marriage ends. Those agreements, however, must meet basic requirements for… Read More »
When Custody Changes Hands: Lessons from C.N. v. I.G.C.
Custody battles are among the most painful and complicated issues to land in a family court. In Florida, the law starts with a strict but simple idea: kids do best when both parents stay involved in their lives. That’s why judges usually prefer shared parental responsibility, with plenty of time for the child to… Read More »
When One Parent Takes the Lead: Lessons from Spaulding v. Spaulding
The Florida courts generally lean toward shared responsibility when it comes to custody cases. There is a generally held belief that both parents should remain in the child’s life. But that ideal doesn’t always work out in real life. When the situation is marked by high conflict, neglect, or a level of instability that… Read More »
Florida Appeals Court Examines Alimony Award
The State of Florida changed its rules involving alimony in 2023. Under the new rules, there is no more permanent alimony, only durational alimony, and it’s harder to qualify for. Suffice it to say, paying alimony is nobody’s favorite thing to do. But it is necessary, and the courts will award it in some… Read More »
Relocating with a Child in Florida After a Divorce
If you have a parenting plan in place, you cannot just up and relocate on a whim. You need either the other parent’s consent or the court’s permission to do so. Relocation hearings can be hotly contested because one parent stands to lose access to the children. Ultimately, the courts must weigh whether the… Read More »
