Author Archives: Jay Butchko
Caution: Warnings for Older Couples Who Getting Divorced
A recent high-profile West Palm Beach divorce case finally ended recently after a protracted battle that involved an appeal and 11 related, but separate, legal actions. In the case of Zelman v. Zelman, millions of dollars were at stake between Martin Zelman, a 87-year-old Long Island businessman who has slipped into dementia over the… Read More »
Alimony Reform Advocates Head to Legislature Again
According to a recent Sarasota Herald-Tribune article, Florida alimony reform proponents are focused on returning to the legislature for another shot at passing an alimony reform bill. Florida lawmakers last passed an alimony reform bill in 2013, but Governor Rick Scott vetoed the bill, citing concerns about the proposed retroactivity of its provisions. Nonetheless,… Read More »
Adoption Subsidy Does Not Replace Parent’s Child Support Obligation
A recent appellate opinion by the 5th District Court of Appeal discussed the impact of an adoption subsidy on a parent’s child support obligation. In the case of Tluzek v. Tluzek, the Circuit Court for Seminole County ruled that any adoption subsidy ruled that any child support obligation owed by Father should be offset… Read More »
Prenups More Popular Than Ever
Although marriage rates generally have decreased nationwide, those who do choose to tie the knot are increasingly making a stop at the lawyer’s office before the wedding festivities occur. According to a recent news article, a 2015 study found that more couples than ever are seeking to enter into prenuptial agreements prior to their… Read More »
What Happens to Our Mortgage When We Get Divorced?
Back in the height of the booming housing market, dealing with a marital home and any accompanying mortgage in the context of a divorce was relatively easy. When the market crashed, however, selling the marital residence and splitting the proceeds between the spouses became a far more difficult proposition. These days, how to deal… Read More »
Classifying Property in Your Florida Divorce
One of the most difficult aspects of a divorce is the division of assets, particularly when there may be both marital property and separate property involved. It is essential that property be classified as marital or non-marital property, because that classification will be relevant to how the property is divided in your Florida divorce…. Read More »
Issues for Baby Boomers Facing Divorce
When older Americans are seeking a divorce, they may think that their issues are relatively simple, since their children are likely to be grown and out of the house, which alleviates the need for the divorce to address issues like child custody, visitation, and support. However, these parties are more likely to own significant… Read More »
Divorce Trends: Waiting Until After the Holidays to File for Divorce
According to a recent study, it is relatively common for couples to vacation and celebrate holidays together in the month of December, only to turn around and file for divorce in January. Divorce filings actually peak in March, after the holidays have passed and individuals presumably have undertaken the preparation needed to file for… Read More »
Does My Parenting Time Affect My Child Support Payment?
When a couple who share children separate, whether they divorce or never married, child support is likely to become an issue. Both parents are required to financially support their children under Florida law. The amount of parenting time, however, that the noncustodial parent exercises does directly affect his or her child support obligation, at… Read More »
Florida SB 250 Addresses Parental Time-Sharing Schedules
Florida State Senator Tom Lee has introduced SB 250, entitled “Family Law Reform,” which is a 41-page proposal that would address alimony and time-sharing of children between parents. The Florida Senate will consider Lee’s proposal during the 2016 Senate session. Bill Proposes Changes to Child Time Sharing Schedules SB 250 proposes some drastic changes… Read More »