Author Archives: Jay Butchko
Florida’s Law of Succession
When someone passes away, whether or not they have a will in place, Florida’s law of succession will apply. The state’s probate regulations stipulate that essentially, there is never a time when a person’s property does not have an owner – in other words, when a person dies, their property immediately devolves onto their… Read More »
Is Online Voting Acceptable For Condo Boards?
Traditionally, condo board meetings required in-person attendance or the sending of a proxy for someone to be granted a vote in important matters being heard at that meeting. However, as technology changes and as people’s presence may fluctuate from year to year, many boards are allowing online voting, at least on issues that have… Read More »
Defining “Income” For Florida Child Support
Like most other states of the union, Florida uses the income shares model when assessing parental child support responsibilities. However, the relevant statutes are somewhat vague on what exactly constitutes ‘income’ – given the list of exemptions and adjustments that can be made to gross income under Florida law. If you are in a… Read More »
Severability in Prenuptial Agreements
Prenuptial agreements (often referred to as prenups) are, at the root of matters, just like many other types of contracts concluded every day. Essentially, two parties are contracting to handle future transactions in a specific manner, in exchange for stipulated consideration. However, like any other contract, sometimes only parts of an agreement will be… Read More »
Issues Unique To Military Divorce
Despite all the differences between military and civilian life, there is in reality very little difference between military and civilian divorce. While the laws followed will differ slightly, there is a lot of overlap in the procedures; the only issue is the nature of the benefits being divided, such as pensions, retirement pay, health… Read More »
What Is Summary Administration in Probate?
Sometimes, a loved one may pass on with very few assets, or very few heirs to will their assets to. In these situations, it can be somewhat overly complex to put that family through a long, drawn-out probate process. There is a way, in some specific cases, to potentially bypass parts of Florida’s probate… Read More »
Pet Issues In Condominiums
Many condominium boards have passed resolutions declaring their buildings to be pet-free zones. However, there must, by law, be exceptions to this rule, for animals that assist the disabled, and also for pets grandfathered in or who are the subject of an unjust attempt at enforcement. Pets in condos are almost never as simple… Read More »
The Basics of Equitable Distribution in Florida
Most people, when they are in the process of divorcing, tend to labor under the presumption that their marital assets will be divided equally. However, the law in most states, Florida included, does not lean toward this idea. Instead, the state espouses the common theory referred to as equitable distribution. While this does usually… Read More »
Calculating Child Support Under Florida Guidelines
One common denominator in most Florida divorces is child support. While it is necessary to work out an equitable compromise, it is also in the interest of the court, as well as the family involved, to do so quickly and fairly. If there are disputes, Florida courts are unafraid to help the spouses reach… Read More »
Reasons Why A Prenuptial Agreement May Fail
As one might imagine, prenuptial agreements are complex instruments that require careful crafting in order to be valid. It is not enough to simply mutually agree on provisions with your spouse; those provisions must be in compliance both with state law, and with public policy. Even if there is mutual agreement, it may not… Read More »
