Author Archives: Jay Butchko
New Law Creates Presumption of 50/50 Time-Sharing in Florida
In June, Governor DeSantis signed a new bill into law that will have a significant impact on child custody cases in the state going forward. The biggest change is in regards to the presumption of time-sharing. As a result of this change, courts are now directed to presume that an equal time-sharing arrangement, or… Read More »
How Cohabitation Affects Alimony
Alimony awards are granted in Florida divorces where one spouse has a need for financial assistance and the other has the ability to pay. These awards take the form of lump sum or periodic (usually monthly) payments and are made for a set duration of time. It is, however, possible to reduce or terminate… Read More »
How Does Child Support Work In Florida?
Whether you are considering divorce, in the middle of your divorce proceedings, or were never married, Florida law will control how much you or your partner owe in child support. Specifically, courts use a predetermined set of guidelines that take a couple’s monthly gross income and the number of children being supported into account… Read More »
The Benefits Of Establishing Paternity
Having a child can be a wonderful experience. It can also, however, come with legal complications when the parties aren’t married, or when one of the parents is resisting the establishment of paternity. Disputes, for instance, can arise regarding rights to child support and visitation when paternity has not yet been established. Taking this… Read More »
What Is The Difference Between Custody By An Extended Family Member And Guardianship?
While there are a lot of similarities between temporary custody by an extended family member and guardianship, there are also some key differences. Understanding these differences is critical for anyone who is deciding whether these forms of custody or guardianship are right for their family. Temporary Custody by an Extended Family Member In Florida,… Read More »
Could “Nesting” Be Right For Your Family?
Under Florida law, parents have the right to visitation with their children. What these custody arrangements look like, however, will vary depending on the relationship between the child’s parents and their relationship with the child him or herself. For some, this will mean that a child spends part of the week at one parent’s… Read More »
A Few Legal Issues You May Encounter After Divorce
It’s a common misconception that all divorce-related issues will end when a divorce is finalized. While it’s true that the parties can generally start moving on with their lives, will likely live in different residences, and have separate finances, there are still a lot of legal matters that may end up needing to be… Read More »
Requesting An Emergency Custody Order In Florida
There are two types of emergency custody motions in Florida: ex-parte emergency and regular emergency motions. Both are available to those who believe that their child is in imminent physical danger or is at risk of being removed from the state. There are, however, specific requirements with which petitioners must comply when making these… Read More »
What Is Temporary Child Support?
Just because two parents decide to get divorced does not mean that they are no longer legally obligated to financially support their children. Doing so, however, can be more complicated when two parents are no longer living together or sharing the same bank account, which is why courts allow parents to ask for temporary… Read More »
Top Paternity Questions
There are a lot of benefits to establishing paternity, as it helps protect the rights of visitation and support and can play a crucial role in the development of a parent-child bond. Unfortunately, establishing paternity of a child isn’t always easy, especially when one of the parents is resistant, so if you have questions… Read More »