In a divorce modification proceeding, where the parties have previously agreed that a party will not take credit for substantial time-sharing, the Court should not award a substantial time-sharing credit absent some substantial change in circumstances (like a reduction in income) that would justify overlooking the earlier waiver. In Emmenegger v. Emmenegger the Florida Court of Appeal recently stated that: "The provision at issue in the 2005 agreement specifically states that '[t]he parties['] visitation arrangements outlined herein will not be considered as the [f]ather['s] having 40% of time with the children.' It is clear from the wording of the provision and the other provisions in the agreement relating to child support and visitation that the parties intended for the father's visitation schedule to have no effect on the father's child support obligations.
Posts tagged "Divorce West Palm Beach Attorney"
Bold labels are required.