Author Archives: Jay Butchko
What are the Grounds for Terminating Alimony in Florida?
Alimony, or spousal support, is a periodic payment made by one spouse to the other. The purpose of alimony is to help the spouse maintain their standard of living after the divorce has been finalized or during the divorce process. If you are the payer of alimony and concerned that it’s impacting your finances,… Read More »
Understanding the Different Types of Custody in Florida
Child custody matters are some of the most contentious issues brought up during divorce in Florida. Understanding the different types of child custody and how they function is important for preparing yourself for your divorce case. In this article, the Tampa, FL child custody attorneys at Westchase Law, P.A. will discuss the different types… Read More »
Can I Receive Child Support if My Co-Parent is a 1099 Worker?
As of October 1, 2021, all Florida businesses that hire 1099 workers (independent contractors) are required to report these payments to the Florida Department of Revenue to ensure that parents receive child support payments. Prior to the passage of this law, it was difficult to track down 1099 workers’ income. A worker could avoid… Read More »
Am I Responsible for My Spouse’s Student Loan Debt if We Divorce?
In order to successfully answer this question, you have to understand the concept of the marital estate. That is what gets divided in the event of a Florida divorce. The marital estate begins the moment you get married and ends when your divorce petition is filed. If the student loans were accrued during the… Read More »
Factors Influencing Equitable Distribution in Florida
Dividing the marital estate is one of the most primary concerns during a divorce proceeding. The question then becomes: What Florida rules apply and how do the courts reach a decision when it comes to determining which assets go where? This is an important question, and unfortunately, it doesn’t have an easy answer. The… Read More »
Everything You Need to Know About Divorce and Credit Card Debt
Florida is an equitable distribution state meaning that assets and liabilities (debts) are not necessarily divided 50/50 during the divorce process. While there is a presumption that the courts should divide the marital estate 50/50, the court can (for legal reasons) award more the marital estate to one party than the other. Naturally, the… Read More »
Husband and Wife Fight Over Whose Estate a Hospital Bill Belongs To
One of the major questions that will need to be resolved during your divorce is whether or not specific items are property of the marital estate or an individual spouse. Under Florida law, Florida Statutes § 61.075 governs how assets are classified and distributed under Florida’s rules of equitable distribution. According to the statute,… Read More »
The Role of Parenting Coordinators in a Florida Divorce
When a married couple divorces in Florida while their children are still minors, the main goal of the family court system is to help them continue to have healthy relationships with their children even after the couple is divorced. Ultimately, however, child custody manages to be one of the most contentious issues during a… Read More »
Is Adultery a Factor in Whether the Courts Award Alimony?
It stands to reason that you wouldn’t want to pay alimony to a cheating spouse. Why would you? You may feel as though they caused the breakdown of the marriage and they don’t deserve to be paid for an extended period of time for doing so. It’s perfectly natural to feel that way. Florida… Read More »
My Spouse Refuses to Sign Divorce Papers! Now What?
One situation that Tampa divorce lawyers deal with on occasion involves one spouse who serves the other spouse with divorce papers, and the other spouse refuses to sign the papers because they don’t want the marriage to end. This can be an emotionally intense situation when the other spouse will not cooperate with the… Read More »