Author Archives: Jay Butchko
When A Will Is Challenged
For better or worse, it is not uncommon to have a last will and testament challenged in Florida courts. The criteria for a will to be valid in Florida are straightforward, but strict, and it does happen that a beneficiary will file to challenge the document, whether in good faith or bad. If you… Read More »
Condo Disputes & Arbitration
A significant portion of Floridians live in condominiums in this day and age. What many of them are unaware of is that if they have problems with the board, there may be a provision in their lease or purchase agreement that requires they submit to non-binding arbitration. While this provision does not apply to… Read More »
Military Retired Pay vs. Military Disability Pay
When a military service member is involved in a divorce, the main issue over which disputes arise is the issue of what portion of the service member’s pension should be earmarked for their soon-to-be ex-spouse. Even with those who have served for 20 years and are familiar with the retirement pay system, however, can… Read More »
Florida Probate Issues And The Homestead
It is not uncommon in this day and age that older people, especially those with significant assets, might divide their time between multiple homes instead of having one main domicile. If this happens in your family, however, it has a good chance at severely complicating the probate proceedings that any estate will have to… Read More »
Condos & Contractors: What Are Your Rights?
Especially in today’s economy, more and more business is done via the use of independent contractors, especially in areas like landscaping and other skilled trades. While this can eliminate certain issues, it can create others, especially when one or both parties may not be familiar with the law as it applies to condominium boards…. Read More »
Lawmakers Renew Fight Over Florida Alimony Reform
Over time, most U.S. states have reformed their policies on alimony (also called spousal support in some jurisdictions), eliminating measures such as lifetime alimony. Florida, in many ways, remains an exception, though state lawmakers have tried in recent years to remedy that. If you are in a position where you pay or receive Florida… Read More »
Paying Child Support After You’ve Been Fired
It is still worryingly common in this day and age for a worker to lose their job with very little warning. While obviously, losing a job is stressful on multiple levels, it can also cause issues for your family, especially if divorce is already in the proverbial equation. Losing a job, especially through no… Read More »
Why Can’t My Prenup Cover Child Support Or Custody?
Florida law permits the existence of prenuptial agreements, or prenups, so as to protect the assets and well-being of both people who enter into a marriage. However, there are certain family law issues that are not permitted to be addressed within a prenup. The most commonly seen is the issue of child custody, with… Read More »
The 10/10 Rule
Like anyone else, military personnel marry and divorce, and many require help separating assets and obligations, especially those granted by the military itself. In order to help with this, several guidelines and rules have been passed, many of which help to integrate military divorce procedure with standard civilian law. The so-called 10/10 Rule is… Read More »
How To Avoid A Will Contest
When someone passes on, and they leave a will, sometimes the contents may not match up with heirs’ expectations. In some instances, this can lead to heirs attempting to overturn or ‘contest’ the will, alleging that it should be invalid for one reason or another. While these contests do not win very often, sometimes… Read More »
