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Recent Blog Posts

Payment of Expenses For College Aged Child During Divorce Proceedings

             It is not uncommon for parents to pay college tuition and living expenses while a child is attending college.   However, can a parent’s unilateral decision to continue to use marital funds to pay an adult child’s college tuition and expenses, be used against that parent, while the parents are involved in a… Read More »

Life Insurance to Secure Alimony Obligation

  Often when Courts award alimony they also order the payor former spouse to secure his or her alimony obligation with a life insurance policy.  In fact Florida Statute 61.08(3) states in pertinent part: To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay… Read More »

Who’s Your Daddy ?: THE ESTABLISHMENT OF PATERNITY BY NON-BIOLOGICAL FATHER

In the United States 40.8% of all births are to unwed mothers[1]. In the State of Florida, if the mother is not married at the time of the birth, the name of the father may not be entered on the birth certificate without the execution of an affidavit signed by both the mother and the… Read More »

How Can Divorcing Spouses Negotiate Fair Settlement Agreements?

In the heat of disagreements serious enough to send you to the divorce court, it may seem impossible to negotiate and agree to the issues that can affect your futures. On your own, you and your spouse probably cannot negotiate effectively. However, an experienced divorce attorney often recommends using mediation for divorcing couples in Boca… Read More »

COURT VACATES ALIMONY AWARD WHERE WIFE DID NOT SEEK ALIMONY IN PLEADINGS, AND FAILED TO OBTAIN ORDER ON HER MOTION TO AMEND PLEADINGS

Recently the 3rd DCA in the case of McClain v. McClain, vacated an award of permanent alimony to the Wife where the trial court made the award even through the Wife never plead for alimony. The Wife, who was represented by counsel, filed an answer to the Husband’s Petition which did not seek alimony or… Read More »

A Changing Of The Guard On The South Palm Beach County Bench

In the third week of January, the Family Law divisions in the South Palm Beach County  Courthouse will be home to two new Judges and one new General Magistrate. As Immediate Past Co-Chair of the Family Law Committee and as a current Director of the South Palm Beach County Bar Association, I know I speak… Read More »

COURT CANNOT WAIVE THE STATUTORY REQUIREMENT THAT THE PARTIES MUST ALLEGE A SUBSTANTIAL CHANGE IN CIRCUMSTANCES TO OBTAIN ANY FUTURE MODIFICATION OF TIME-SHARING

In the November 2012 the 2nd DCA remanded the case of case of Blackburn v. Blackburn, back to the trial court when the Final Judgment adopting the recommendations of the magistrate erroneously waived the statutory requirement that the parties allege a substantial change in circumstances to obtain any future modification of time-sharing. At the time of… Read More »

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Weiner & Weiss, LLC
1900 Glades Road Suite 351 Boca Raton, FL 33431
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Weiner & Weiss, LLC is located in Boca Raton, FL and serves clients in and around Boca Raton, Delray Beach, Deerfield Beach, Pompano Beach, Palm Beach, Pahokee, West Palm Beach, Fort Lauderdale, Hollywood, Dania, Loxahatchee, Pembroke Pines, Broward County and Palm Beach County.

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