Author Archives: Jay Butchko
What Does PAS Mean to You?
Parental Alienation is a normal and transient aspect of most Florida divorces which involve minors. Children often gravitate to one parent or the other one at different times of their lives. Parental Alienation Syndrome is different. PAS is abnormal and permanent, mostly because it is intentional. The alienating parent, who is usually the residential… Read More »
The Five Types of Restraining Orders in Pinellas County
Many people always view domestic violence as a one-off anomaly. But in most cases, that’s not accurate. The roots of domestic violence often go back to the alleged abuser’s teen years. Frequently, the alleged abuser either witnesses domestic violence at that time or perpetrated it on someone else. And, unless someone does something, the… Read More »
Emotional and Financial Child Support Modifications
Original child support determinations are based on emotional and financial factors. The guidelines, which are presumptively reasonable, rely exclusively on some common financial and emotional factors. Child support deviations are possible in some cases. At any rate, these factors often change. So, as a rule of thumb, it’s best to legally modify child support… Read More »
What Are Grey Divorces and How Are They Different?
In the immediate wake of the 1969 no-fault divorce revolution, the marriage dissolution rate skyrocketed across the board. It has declined since then in every age group except one. Among the over 55 crowd, the divorce rate has continued rising. When younger couples divorce, the focus is often on their children. But most older… Read More »
Should Mothers File Paternity Actions in Pinellas County?
Raising children is never easy, especially financially and emotionally. These challenges are even greater for single parents, and in many communities, single-parent households are almost the norm. The good news is that these hurdles are certainly not insurmountable. A paternity action helps even more, as outlined below. Some women are afraid to pursue these… Read More »
The Magnificent Seven of Child Support Deviation Factors in Florida
The Sunshine State is an income share jurisdiction. As such, Florida child support law includes a complex guideline formula which is presumptively reasonable in all such matters. That includes original determinations and subsequent modifications. However, since families are so diverse, there is no such thing as one-size-fits-all. At best, the guidelines are one-size-fits-most. To… Read More »
Why Are More Millennials Turning to Prenuptial Agreements?
It may be surprising to some, but martial longevity is one of the main reasons that millennial prenuptial agreements have increased more than 50 percent since 2013. About a third of millennials grew up with divorced parents, and they are willing to do whatever it takes to make their marriages last. Money is one… Read More »
Setting Up a Restraining Order Defense in Florida
Once upon a time, Florida judges routinely granted extended restraining orders without asking too many questions. Times have changed. Judges almost always grant ex parte temporary restraining orders, but a permanent protective order is another matter. Particularly if there is a parallel proceeding in family court, effective defenses might be available. Several different types… Read More »
Changing Co-Parenting Models for a Changing World
Florida family laws have changed a lot over the years. In the early 1900s, women had almost no legal or financial rights. So, fathers always won full custody of their children. Then, the pendulum swung the other way. Around World War II, the tender years doctrine took root. This philosophy held that children should… Read More »
Love, Baseball, and Prenuptial Agreements
As another season approaches, now is probably a good time to reflect on the moment that love, baseball, and premarital agreements came together in SoCal. The Frank and Jamie McCourt saga is a good example of how premarital agreements work in California, but also of how they work in Florida. Both the Golden State… Read More »
