Author Archives: Jay Butchko
What You Need to Know About Divorce and Credit Card Debt
It’s no secret that divorce heralds several financial realities that can be difficult to manage. But it’s important, as someone who is going through a divorce, to understand your rights and responsibilities when it comes to the divorce process. During your marriage, you began accruing debts and assets to your marital estate. The marital… Read More »
Do I Need to Hire a Forensic Accountant for My Divorce?
Divorce is already a stressful prospect. Major changes are underway and your sense of normalcy is likely shaken. You may be engaged in serious conflict with your soon-to-be former spouse who may not be playing fair when it comes to finances. This is where a forensic accountant can play a crucial role in ensuring… Read More »
Former Wife’s Petition for a Reduction of Alimony Payments is Denied by the Court
Florida law allows a former spouse to petition for a reduction or increase in alimony payments when the spouse can establish that the financial situation of one or both spouses has significantly changed. In one Florida divorce case, Krause v. Krause, the former wife was making alimony payments to her former husband. According to… Read More »
Competency of Counsel is Not Grounds to Overturn Nuptial Agreements
In Florida, the law is clear. If you freely enter into a bad agreement, then you’re stuck with it regardless of how badly it disadvantages you. That’s why it’s important to retain legal counsel during divorce proceedings or have an attorney overlook a prenuptial agreement before you sign it. There are precious few grounds… Read More »
Wife Appeals Final Judgment of Dissolution in Attempt to Recover Proceeds from Husband’s Pension
All assets that are considered to be part of the marital estate are subject to equitable distribution under Florida law. This includes pension plans, retirement accounts, and other assets that accrued during the marriage. In cases where the retirement accounts predate the marriage, the value accrued during the marriage is considered a part of… Read More »
Wife Attempts to Get Prenuptial Agreement Tossed in Appeal
In the case of Francavilla v. Francavilla, the husband and wife had a choppy relationship. They were married twice. The first marriage occurred within a few weeks of them meeting in 1982. They moved to Georgia where the husband began studying to become a chiropractor. By 1984, the wife had left the husband. Their… Read More »
Father Appeals Decision to Award Custody and Legal Fees to Mother
In the case of Alvarez v. Jimenez, a formerly married couple disputed issues related to the custody of their two children. The father filed for the dissolution of marriage in July 2015. Affidavits attached to the petition (filed pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act or UCCJEA) indicated where each of… Read More »
Court Vacates Domestic Violence Injunction Against Boyfriend
In the case of McGuire v. Boscan, the two litigants were live-in lovers. The woman in this relationship, Boscan, filed a temporary domestic violence injunction without minor children against her former boyfriend, McGuire. McGuire, in turn, appealed the decision that granted his former girlfriend a domestic violence injunction. Incidents of alleged domestic violence occurred… Read More »
Wife Appeals Ruling to Deny Alimony in Florida Divorce Case
In the case of Wright v. Wright, the parties were married for 18 years. They had four children, three of whom were minors at the time of the final hearing. The former husband earned approximately $177,000 as a risk manager with a national bank. The former wife was a business analyst with a different… Read More »
Former Wife Successfully Appeals Amount of Alimony Award
In the case of Farley v. Farley, the former wife asked the appeals court to review the amended final judgment of dissolution of marriage with regard to her periodic permanent alimony payments. The trial court had awarded the wife $2350 per month in permanent periodic alimony. The appeals court found cause to reverse in… Read More »