Author Archives: Jay Butchko
Are There Any Legal Reasons to Stop Paying Child Support?
The State of Florida takes a parent’s duty to pay child support very seriously. Courts can garnish your wages, intercept your tax returns, and even send you to jail for nonpayment of child support. Nonetheless, there are some legally valid reasons to stop paying child support. In this article, the Tampa, FL, child custody… Read More »
Relocation Case Prevents Court from Making Prospective Rulings Concerning the Welfare of a Child
If you want to relocate with your child, you need the other parent’s permission. Failing that, you need to obtain the court’s permission to move forward with the relocation. This is exemplified in the case of Arthur v. Arthur, 54 So. 3d 454 (Fla. 2010). In this article, we’ll discuss the importance of this… Read More »
The Importance of Financial Disclosure in Prenuptial Agreements
When you sign a prenuptial or postnuptial agreement, it’s important that both parties have attorneys to represent their interests. One party would not present the other with a prenuptial agreement to sign without having a lawyer weigh the risks and benefits. In addition, both parties must make full financial disclosure by disclosing their assets… Read More »
When Am I Allowed to Ask for a Reduction in Child Support Payments?
If you’ve recently lost your job, lost an income stream, or are otherwise in dire straits financially, you can ask the court to modify your child support payments. You do, however, have to prove that there has been a “substantial change in circumstances” that’s impacting your income. In this article, the Tampa, FL, child… Read More »
When Will the Courts Order a Drug Test During a Florida Custody Case?
In Florida custody cases, the courts prioritize the best interests of the children. When one parent accuses another parent of unfitness, the courts will address the matter in a variety of ways. It is well within the court’s power to order that one parent be drug tested to determine if they’re fit to parent… Read More »
How to Ask the Court for a Reduction in Child Support Payments
If you want to petition the court for a reduction of child support payments, you have to establish several factors. Firstly, you must establish that a substantial change in circumstances has occurred, such as the loss of a job. Second, you need to prove that the substantial change is involuntary and permanent. Failing these,… Read More »
Father Contests Equitable Distribution in Florida Family Law Case
Before you can equitably distribute the marital estate, you must determine what assets and debts belong to it. In other words, the court must decide what constitutes marital property and what constitutes the property of the individual spouses. Generally speaking, all property acquired during the marriage is considered a part of the marital estate…. Read More »
Father Files Motion for Contempt Against Mother Alleging She Failed to Follow Timesharing Agreement
Often, contested custody cases can give rise to contempt proceedings if one parent decides not to honor the custody arrangement. This is what happened in the case of Eadie v. Gillis, 5D22-2732 (Fla. 5th DCA June 16, 2023). The father filed a motion for contempt against the mother who failed to provide the children… Read More »
Can I Revisit an Alimony Modification in Florida?
As the payer of alimony, you’re expected to make monthly payments to your former spouse under specific conditions. While we used to have “permanent alimony” in Florida, the legislature did away with that. Nonetheless, you can petition the court for an alimony modification if you can establish that a substantial, material, and unanticipated change… Read More »
Can Courts Award Custody to Someone Who Isn’t a Parent?
It may sound strange, but the Florida courts have dealt with this question before. In one case, Quiceno v. Bedier, 387 So. 3d 365 (Fla. 3d DCA 2023), the Florida trial court awarded timesharing to a non-parent over the objections of a biological parent. The case was taken up on appeal. In this article,… Read More »