Author Archives: Jay Butchko
Obtaining Divorce Papers and Starting the Process: Part 1
Many do not know what their first steps should really be when they decide that they need to acquire divorce papers and begin the process of divorcing their spouse in California. While the process may seem daunting to those who have never had much court experience outside of a rogue speeding ticket, with effective… Read More »
I Have Sole Physical Custody – Do I Have to Allow Visitation?
If you have sole physical custody of your child, there is likely a very good reason for that. The courts try to promote the child’s best interests in all circumstances. The fact that one parent has been granted sole physical custody of a child says a great deal. For one reason or another, the… Read More »
Top Ways to Defend Against a Custody Modification Request
It is natural to feel uncertain, or anxious, if you hear whispers that your child’s other parent is going to file a motion to modify custody or visitation of your child or children. It is reasonable to feel this way because modifications to custody and visitation arrangements can have a big impact on you,… Read More »
What is a “De Facto” parent in California?
A parent-child relationship is not limited to the bond between a child born to a biological parent. Often, another figure steps into a child’s life and provides as much (or even more) stability and love to a child than that child’s biological parent. Whether this be a grandparent, family friend, sibling, foster parent, adoptive… Read More »
FAQs About Deviating from California’s Guidelines for Child Support
California has uniform child support guidelines that it generally defaults to in order to calculate child support obligations. Guideline child support is presumed to be the correct amount in our state. However, parents and judges are not always bound by the guidelines because this presumption is rebuttable. It can be challenged. While, on a… Read More »
Impact of Dishonesty in Family Law Cases
Because divorce and custody cases deal with the things that are most near and dear to us, it is understandable that these issues see a great number of desperate people making poor decisions. When so much is at stake, fear can drive a person to act in ways they wouldn’t normally do. It is… Read More »
Handling Extracurricular Activities in California Parenting Plans
Extracurricular activities can be vital to a child’s development, and often the groups or activities children are involved in, and the relationships fostered therein, will impact them their whole lives. However, a divorce can have an impact on the ease of getting your kids through those extracurricular activities. Ex-spouses might disagree or simply not… Read More »
Student Loans in Divorce: What to know
Many divorces deal with questions about student loan debt. This article serves to answer some of the most common questions concerning how student loan debt is divided in a divorce. California’s Community Property Laws Essentially, Debts and assets acquired during the course of the marriage are subject to equal division, and debts or assets… Read More »
Essential Questions to Consider in a High Asset Divorce
Divorce is devastating for a great number of reasons. One material, but very real part, is the devastation of dividing assets after years, maybe even decades, of hard work as a couple to build what you have. If you have accumulated wealth during the course of your marriage, there are several things you should… Read More »
FAQ About Splitting the House in a Divorce
Generally speaking, unless a family home falls under an exception, a property (such as a family home) that was accrued during the course of a marriage will be subject to division between the spouses, as any other asset in the marital estate. (There are, of course, some exceptions to this, to include a valid… Read More »