Author Archives: Jay Butchko
Florida Court Clarifies The Emergency Suspension Of Timesharing
In the case of Mishkin v. Mishkin, the Third District Court of Appeal addressed the authority of trial courts to temporarily suspend timesharing (visitation and parenting time) under emergency circumstances. In this case, the appellate court affirmed the trial court’s non-final order. This reaffirmed Florida jurisprudence permitting emergency modification of parenting plans when child… Read More »
Florida Family Court Discusses Fines In Florida Family Law Cases
Florida family law courts tend to wield significant power to enforce compliance with parenting plans and court orders. That power, however, has limits. This is especially true when it comes to fines and attorney fees imposed through contempt. The Fourth District Court of Appeal’s 2024 decision in Burlinson v. Wilson is a clear reminder… Read More »
Can I Still Get Permanent Alimony In Florida?
In July 2023, the Florida legislature passed one of its most significant changes in decades when they passed Senate Bill 1416. SB 1416 officially eliminated permanent alimony in Florida. The change likewise redefined what types of support were available after divorce. In addition, it also altered rules regarding the modification and termination of existing… Read More »
Court Rules On Timesharing Amid Domestic Violence Allegations
Allegations of domestic violence can have a profound impact on Florida family law proceedings. This is especially true when courts must balance protection, parental rights, and the best interests of the child. The Second District Court of Appeal’s decision in Lonsdale v. Elbanna illustrates how strictly Florida courts apply those standards when a parent… Read More »
Florida Court Addresses Standard For Modifying A Child Support Agreement
Florida’s child support system is designed to ensure that children are provided for by their parents. The child support calculation follows rigid rules based on a worksheet that the judge uses to calculate support. Nonetheless, the court has some discretion when it comes to awarding child support. In the case of Mannella v. Mannella,… Read More »
Florida Court Case Involves Imputed Income, Contested Alimony, And Child Support
The Florida Courts must apply rigid standards when calculating child support and alimony. These calculations must be shown in the case record. When the courts fail to use the strict standards to calculate alimony and child support, you can appeal the decision. That’s precisely what happened in the case of Thermidor v. Pierre, No…. Read More »
Florida Court Addresses Grounds For Vacating A Family Court Order
During Florida divorce proceedings, courts must make equitable decisions on financial issues, including child support. However, such determinations must be grounded in statutory requirements and factual findings. A recent Florida family law decision underscores the importance of careful analysis when imposing child support obligations. For those navigating a divorce involving these financial issues, an… Read More »
Florida Court Clarifies Emergency Custody Orders
An emergency custody order is just what it sounds like. Its primary purpose is to remove or limit a child’s exposure to an imminent danger. This includes abuse, neglect, domestic violence, or another serious risk posed by a parent’s conduct (such as substance abuse or a mental health crisis). Emergency custody orders are temporary… Read More »
Florida Court Addresses Factors When Making Alimony Awards
Alimony recently went through a legislative overhaul. The legislature did away with permanent alimony and changed some of the factors used when calculating alimony. The courts, however, still weigh similar factors when determining whether alimony should be awarded. In this article, the Orlando divorce lawyers at Greater Orlando Family Law will discuss a Florida… Read More »
Florida Court Addresses Testimony Provided By Child In Domestic Violence Case
The Florida courts take domestic violence seriously. Not only can you have criminal charges filed against you, but you might also face sanctions in family court. That’s what happened in the case of Schmigel v. Schmigel, Nos. 1D2024-1572 & 1D2024-1597 (Fla. 1st DCA Mar. 12, 2025). In this case, both parties made accusations of… Read More »