Author Archives: Jay Butchko
How Do I Establish Paternity in Florida?
In legal terms, paternity is defined as the establishment of the father of a child. This includes legal rights and responsibilities for the child. There are generally no situations in which maternity needs to be established. It is generally quite obvious who the mother of a child is. Paternity, on the other hand, is… Read More »
What is Retroactive Child Support?
Florida law requires both parents to share in the responsibility of raising a child. But far too often, we see situations where one parent has to support the child alone for months or even years. If this situation sounds family, you may have grounds to pursue retroactive child support payments from the child’s other… Read More »
What to Do If Your Spouse is Selling Assets Before the Divorce is Finalized
It should deeply concern you if your soon-to-be ex has begun selling off assets before the divorce is finalized. Those assets likely belong to you too, and you should have some say in how they’re distributed post-divorce. Any proceeds from those transactions would likely belong partly to you. If your spouse is selling assets,… Read More »
What is a QDRO and Will I Need One for My Florida Divorce?
You may not want to hear this, but those retirement accounts that have been accruing value while you work are subject to distribution in a Florida divorce. That means that your spouse is entitled to half the proceeds from your retirement accounts (or more—Florida is an equitable distribution state). But you aren’t allowed to… Read More »
Is the Collaborative Divorce Process Right for Your Family?
Ending a marriage is emotionally, financially, and legally complicated. Fortunately, there are low-conflict methods that can help couples get through his process much more easily. Collaborative divorce, for instance, is one way that couples can resolve their divorces in an out-of-court setting. We’ve included a brief checklist to help you determine whether collaborative divorce… Read More »
My Partner and I are Getting Divorced – Who Gets to Keep the Dog?
If you and your partner own a pet and you have decided to file for divorce, who will retain “custody” of the animal has undoubtedly already crossed your mind. If so, you are not alone. For divorcing couples, deciding who gets to keep the family pet can be challenging and highly emotional. To help… Read More »
Is a 50/50 Split of Marital Property During Divorce Always Fair?
Many Florida couples who decide to divorce initiate the process while under the assumption that all of their marital assets will be split down the middle. This, however, doesn’t always end up being the case. Unlike community property states, which require that divorcing couples split their assets 50/50, Florida adheres to an equitable division… Read More »
Unmarried Parents Still Owe Child Support
Just because two parents are unmarried does not mean that one or both cannot be ordered to pay child support by a Florida judge. This is because under state law, parents not only have parental rights, like the right to visitation with their child, but also parental obligations, which includes the duty to financially… Read More »
Job Loss Could Affect Your Florida Child Support Obligation
In Florida, parents are expected to financially support their children, regardless of whether those parents are in an ongoing romantic relationship. For many, this means that one of the parents will be required to pay child support to the other on a monthly basis once the couple is no longer together. Child support orders… Read More »
What are the Different Types of Alimony in Florida
Alimony, also known as spousal support, is a payment made from one spouse to another to help that spouse support themselves after the divorce is finalized. Whether you are petitioning the court for alimony or worried that you might have to pay it, knowing what options are out there is crucial to preparing yourself… Read More »