Author Archives: Jay Butchko
Appeals Court Hears Case Regarding Attorney’s Fees During Florida Divorce
In Florida, the court can order one party to pay the legal fees of the other in specific situations. The court must determine that the party paying the legal fees engaged in egregious or meritless litigation conduct. The court can assign legal fees to this party as a means of discouraging such behavior. These… Read More »
Florida Court Rules on Retroactive Child Support Allegations
The State of Florida requires parents to provide financial support to their children. The obligation to do so ends when the child turns 18, the age of majority. However, if the parent did not provide financial support to the child when the child was still a minor, the parent who is owed child support… Read More »
Mother Appeals Order to Modify a Child Support Petition Granted to Father
The Florida courts will only grant modifications to child support payments when the individual who is petitioning the court for the modification can prove that a substantial change has occurred to warrant such a modification. Typically, “substantial changes” include changes to an individual’s income or when the children start spending more time with the… Read More »
Mother Appeals Decision to Terminate Her Parental Rights
The termination of parental rights is a serious matter in Florida. In some cases, a parent can voluntarily surrender their parental rights to a child as in the case of adoption. In other cases, the court will find cause to terminate a parent’s parental rights because the court has determined that they are a… Read More »
What to Include in a Prenuptial Agreement in Florida
Some couples won’t even address the concept of a prenuptial agreement prior to getting married. They don’t want to “jinx” their marriage with the possibility of a divorce. However, studies have shown that Millennials have a much better opinion of prenuptial agreements than previous generations. And prenups aren’t just for the ultra-rich. Prenuptial agreements… Read More »
Restrictions on Stepparent Adoption in Florida
Stepparents are legally allowed to adopt children from a previous marriage in Florida. There are several reasons why you may want to do this. You may want to formalize your parental rights over the children or ensure that your relationship with them is legally binding under Florida law. Parents have specific rights over their… Read More »
The Purpose of a Parenting Plan in Florida
In Florida, a parenting plan is the document that determines the custodial agreement between two parents. During a Florida divorce with children, the courts will expect the parents to present a parenting plan to the court for review. If the parents cannot come to an agreement, then the courts will decide the matter for… Read More »
Determining Child Custody in a Florida Divorce
In Florida, custody refers to legal decision-making power over the child. A parent who has legal custody of a child has the power to make decisions concerning the child’s schooling, health care, religious upbringing, and more. While Florida courts used to favor mothers in custody matters, that is no longer the case. Today, the… Read More »
Can Medical Marijuana Use Be Used Against Me When Determining Child Custody?
Many states have recently passed laws that make recreational marijuana use legal and allow the open sale of marijuana through legitimate dispensaries. Florida is not among those states. Marijuana is only legal with a valid prescription. Further, marijuana is still considered a Schedule I substance under the Controlled Substances Act, a piece of federal… Read More »
Study: Researchers Claim They Can Predict Divorce with 94% Accuracy Based on Communication Error
What is the key to a successful marriage? There may be no specific formula. However, one researcher believes he can predict whether or not a marriage will end in divorce with 94% accuracy based on one communication strategy. John Gottman, Ph.D. co-founded The Gottman Institute with his wife Julie Gottman, Ph.D. Together, they have… Read More »