Author Archives: Jay Butchko
Common Issues Associated with High Conflict Child Custody Disputes
Child custody is a delicate and highly volatile issue that can produce heated disputes between divorcing parents. Ideally, the parents are truly fighting for what they believe to be best for the child, but in other cases, pushing back on child custody can also be used as a way to punish the other spouse…. Read More »
A Spouse’s Right to Asset Appreciation of Separate Property in Divorce
When couples get married, each brings aspects of their single lives into the marriage, including previously-acquired property. Solely-owned assets do not necessarily directly benefit the marriage, but they can become a point of contention when property is divided in divorce. Unless the couples privately agree otherwise, each spouse will walk away with a share… Read More »
Tax Bill Would Repeal Income Tax Rules for Alimony Payments
Amidst all the concerns of divorce, the tax consequences of property settlements and the payment of alimony are not commonly on a spouse’s radar. Property settlements can result in significant tax liability if not correctly structured, thereby reducing the real value of the acquired assets. When it comes to alimony, the party who pays… Read More »
Figuring Out How to Divide Credit Card Debt during Divorce
One of the hardest parts of any divorce is settling which spouse should be responsible for debt. Some financial obligations are easier to address, such as the marital home, which can be sold if necessary to get rid of a large mortgage, but other obligations, credit card debt especially, can lead to heated disputes…. Read More »
Determining When a Court Can Issue or Modify a Child Custody Order
Going through a divorce or breakup is hard enough by itself, but when child custody concerns are thrown into the mix, the situation can quickly turn complicated and messy. This is especially true if one parent recently moved to another state or divorce/custody petitions were initiated by each party in separate courts. A court’s… Read More »
How a Court Decides Whether to Modify Alimony
Alimony is a touchy subject for couples getting divorced, and is often a highly-disputed issue in the divorce case, assuming it was not earlier addressed in any prenuptial agreement. There is no set formula for how much support one party would need to pay the other, leaving courts with wide discretion over determining the… Read More »
Opening a Spouse’s Mail or Email during Divorce – Is this a Good Idea?
The circumstances leading up to a divorce are often long-festering and painful issues that come to a head after years of build-up. Once the decision to divorce is made and communicated, lingering resentment, possibly withheld to keep the peace, is likely to come out as each spouse adjusts to the new reality. Feelings of… Read More »
Property Division in Divorce
Figuring out finances after divorce is one of the most challenging parts of this life transition. Couples often spend years building up assets and financial security, but this arrangement no longer applies once the marriage ends. Determining how to divide property in a divorce is a crucial matter, and one that is prone to… Read More »
Sharing Joint Custody with an Attacker
When a woman finds out she is pregnant it should be a joyous occasion, and witnessed by the excited father-to-be. Unfortunately, a woman’s ability to choose pregnancy when she is ready for the responsibility of a child is not always a given, but most willingly take up the duties of parenthood nonetheless. If the… Read More »
What Are Your Options if the Other Parent Abducts Your Child?
Issues involving child custody understandably provoke a lot of emotion for a parent that can sometimes lead a person to make irrational decisions out of fear and frustration. The possibility that the other parent could abduct one’s child is the fear of every single and divorced parent, and while rare, it does happen in… Read More »
