Author Archives: Jay Butchko
How Does Child Custody Work if the Two Parents Live in Different States?
Parents who live in different states face a greater challenge than those who reside in the same state. The courts must determine which state has jurisdiction over the case. This could make determining the child’s best interests even more challenging. Westchase Law, P.A. understands how to handle interstate custody cases. Our Tampa, FL, child… Read More »
Is My Retirement Account Considered a Marital Asset in Florida?
You may be aware that your spouse is entitled to half of your stuff in divorce, but that’s not strictly true. Instead, the spouse is entitled to half of the marital estate during divorce. Any asset or debt that was procured during the marriage is considered a part of the marital estate. Assets that… Read More »
What is a Subpoena Duces Tecum and How Does It Apply to My Divorce Case?
A subpoena duces tecum is an order issued by the court to produce specific documents or tangible evidence. In some cases, the subpoena will require the recipient to appear at a hearing with the documents in their possession. Who can issue a subpoena duces tecum in a family law case? Three sorts of parties… Read More »
What Should I Include in My Prenuptial Agreement in Florida?
Do you have a business you’re bringing into the marriage? Is your partner saddled with significant debt? If so, chances are good that you have a strong reason to pursue a prenuptial agreement. But what should you include? In this article, the Tampa family law attorneys at Westchase Law, P.A. will discuss what provisions… Read More »
Can the Florida Courts Suspend My Driver’s License for Failing to Pay Child Support?
In Florida, the courts have a number of ways to enforce a child support order. The state of Florida presumes that each parent has a duty and a responsibility to provide support for their children. When a noncustodial parent refuses or is unable to pay child support, the parent receiving child support payments can… Read More »
Contested Versus Uncontested Divorce in Florida: What’s the Difference?
Divorces in Florida can be divided into two types: contested and uncontested divorces. An uncontested divorce is one in which the parties have agreed on all major issues related to the divorce. These include issues such as property division, alimony, child custody, and child support. If the couple is able to sit down and… Read More »
What Does Florida Statute § 61.13 Have to Say About Timesharing Agreements?
The statute that governs time sharing under Florida law can be found in section 61.13 of the Florida Statutes. In this blog post, we’ll take a look at the statute, its role in Florida family law, and what it means for you as a parent navigating the family court system. Understanding Florida Statute §… Read More »
Grounds for Divorce in Florida: Understanding Our No-Fault System
When it comes to divorce, Florida is considered a no-fault state. In other states, divorcees are allowed to blame their spouse for the breakdown of the marriage. Such grounds include adultery, cruel or inhuman treatment, or imprisonment. In Florida, we only allow no fault grounds for divorce. This makes divorce considerably simpler. Florida is… Read More »
What Is Parental Alienation Syndrome?
Parental kidnapping is the most extreme form of PAS. In most states, about 75 percent of missing children are abducted by a noncustodial parent. Usually, the kidnapping parents convince themselves that their former spouses are such bad parents that they must remove their children from these situations to keep their children safe. A lesser… Read More »
Should We Get a Premarital Agreement?
Until recently, only wealthy individuals with high-priced lawyers bothered with a premarital agreement. The laws were very complex. But recently, Florida lawmakers adopted the Uniform Premarital and Marital Agreements Act. This Act greatly streamlined the process, both in terms of making and breaking a premarital agreement. Furthermore, a Florida prenup may now be enforceable… Read More »