Author: Robert Sidweber, Esq.

Timesharing “By Agreement” Without Court Order Now Allowed to Adjust Child Support

Posted by on Sep 4, 2014 in Child Support
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Generally speaking, under the child support guidelines, the more overnights a parent spends with their child or children, the less child support is paid. The child support guidelines mandate that the trial court make this adjustment. Many litigants who are fighting child support issues are aware of this and understand it. However, what if your Marital Settlement Agreement or Parenting Plan, which has earlier been incorporated into your Final Judgment of Dissolution of Marriage, says that you have 18% overnights with the children, but in reality you have actually been exercising 40% overnights with the children, with the approval and understanding of your former spouse? Shouldn’t you be entitled to a reduction in your child support? Under a very recent amendment to the statute, you do get such a reduction. (more…)

What is the Effect of Divesting Marital Assets for “Marital Purposes”, on Equitable Distribution?

Posted by on Aug 18, 2014 in Equitable Distribution
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Do you know that payments a spouse makes from a marital account, during dissolution of marriage or divorce proceedings, for purposes “reasonably related to the marriage”, should not be included in the equitable distribution scheme and “charged against” the spending spouse, unless there is evidence that one spouse intentionally dissipated the asset for his/her own benefit? (more…)

Florida Supreme Court accepts Hahamovitch Prenuptial Agreement Case.

Posted by on May 29, 2014 in Prenuptial Agreement
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In the case of Hahamovitch v. Hahamovitch, Case No. 4D11-3369 (FL Dist. 4 Ct. App., Jan. 8, 2014) the Fourth District Court of Appeal requested that a controversial issue concerning the specific interpretation of Florida prenuptial agreements should be brought before and decided by the Florida Supreme Court. The specific and technical issue relates to a spouse’s right to claim an interest in the marital appreciation and growth of the other spouse’s assets, in light of certain waivers and language as contained in the Prenuptial Agreement previously executed by the parties. This case was eventually adjudicated by the 15th Judicial Circuit, Palm Beach County, with Sidweber & Weintraub, P.A. representing the Wife. (more…)