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The Daily Business Review is reporting that William E. Dellow, Jr., a Miami-Dade general magistrate, has resigned from the judicial position that he has held for 22 years. He is accused of making racial slurs to an Assistant State Attorney. Two years ago, Dellow was disciplined due to a sexual harassment claim brought by a colleague and moved from the family division where he heard divorce cases to the child support division. The sudden departure of this general magistrate leaves 400 child support cases up in the air while Miami-Dade State Attorney Katherine Fernandez Rundle and Circuit Judge Sandy Karlan are trying to solve this alarming problem.

Judges appoint members of The Florida Bar as general magistrates. The court is required to enter an order of referral to a general magistrate and obtain the consent of all parties. If your divorce attorney in Ft. Lauderdale objects to a matter being referred to the general magistrate, the matter must be heard by the judge assigned to the case. A general magistrate conducts hearings, hears testimony and reviews evidence. After the hearing, the general magistrate is required to file a report which contains factual findings, conclusions of law and recommendations. Either party may file exceptions to the report of a general magistrate within a specified time period which are ultimately reviewed by the divorce judge assigned to the case. Absent timely exceptions, the report of the general magistrate is generally adopted and ratified by the court.

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The Miami Herald is reporting that the Supreme Court of Florida has issued its opinion in Kaaa v. Kaaa that addresses whether and under what circumstances passive appreciation of a marital home that is a nonmarital asset is subject to equitable distribution.

For 27 years, the parties resided in a home that was purchased by the husband for $36,500 six months before the marriage. During the marriage, marital funds were utilized to pay the mortgage and improve the home. Although the home was refinanced during the marriage, the wife was never placed on the title or deed. At trial, the parties stipulated that the value of the home was $225,000 and the outstanding balance of the mortgage was $12,871.46. The trial court found that the home was nonmarital, that the mortgage balance had been reduced by $22,279 and the renovation to the carport increased the value of the home by $14,400. Accordingly, the trial court ruled that the the enhancement value of the home, $36,679, was subject to equitable distribution and ordered the husband to pay the wife $18,339.50. In affirming the decision of the trial court, the Second District Court of Appeal held that the former wife was not entitled to equitable distribution of the passive appreciation of the real property.

The Supreme Court of Florida quashed the decision of the Second District Court of Appeal and concluded that passive appreciation of a non-marital asset is considered a marital asset when marital funds or the efforts of either party contributed to the appreciation. A nonmarital asset which appreciates during the marriage, only due to inflation or market conditions, becomes in part a marital asset, if it has indebtedness which is reduced by marital funds. Improvements or expenditure of marital monies which results in the enhancenment of the value of a nonmarital asset is an asset subject to equitable distribution. Additionally, the nonowner spouse is also required to have made contributions to the property during the marriage by investing marital funds or the efforts of either party.

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The Miami Herald is reporting that Circuit Judge Jeri Cohen has ruled that a Hialeah women will not have custody of her children pending an investigation by DCF. On Monday, Rebecca Garcia, 21, left her infant and five year old son alone in her vehicle while shopping. She was subsequently arrested and charged with two counts of child neglect. In addition, she tested positive for marijuana prior to Tuesday’s hearing.

She told law enforcement that she was returning a previously made purchase and only left her children in the car for five minutes. Judge Cohen placed the daughter with the grandparents and father and the son with an aunt. While the parties are due to return to court on September 28, 2010, the court is permitting liberal time-sharing with the mother.

Garcia was previously investigated by DCF in 2005 when her daughter obtained a bone fracture.

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When a party files for divorce in Broward, their lawyer will remind them that a judge frowns upon a parent who speaks poorly about the other parent in front of the minor children. Many parents fight about their relationship and use their children as ammunition. However, judges practicing in the marital and family division in Florida often believe that this conduct is one of the worst things that children can experience.

Children love both of their parents. They want to have time-sharing and access with both of their parents. Yet, when children hear one parent disparage the other it damages the child’s self worth since they have a sense of loyalty to both parents. During a divorce in Fort Lauderdale, parents should minimize the damage that child custody litigation and fighting can cause to a child.

Parents who separate often believe that they are acting reasonably. However, this is rarely the case. Exercising shared parental responsibility and co-parenting during and after a divorce is not easy.

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A recent study indicates that women who earn more money than their husband’s are 40% more likely to divorce. Women who earned at least 60% of the total household income are likely to divorce. The study, which took 25 years, also found that it did not matter how affluent the parties were since they were more likely to divorce if the wife was the breadwinner. One reason for the results of this study may be that women are free to leave bad marriages if they are financially independent.

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Marital and family law in Miami-Dade and Broward, judges and divorce attorneys have relied upon the OurFamilyWizard® website for high conflict child custody, parenting plan and time-sharing cases. This website has become one of the most effective shared parental responsibility tools to remove parental conflict and to assist parents in doing what is in the best interest of the minor children.

After nearly ten years of helping separated families communicate, the OurFamilyWizard® website has added yet another revolutionary tool to its repertoire. Earlier this year the OurFamilyWizard® website announced the release of OFWpay™.

The OFWpay™ system allows parents to make and receive electronic payments to their checking or savings account. OFWpay™ transactions allow parents to send payment for expenses like unreimbursed medical, extra-curricular activities or even child support payments where permitted.

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Dwyane Wade was in a marital and family law court today while his former wife testified during child custody proceedings in Chicago. Lawyers for the Miami Heat star tried to establish that his former wife has erratic behavior based upon her relationships, confrontations and parenting decisions. Prior to the trial, the divorce judge requested that the Miami Heat basketball player and his former wife attempt to resolve their child custody litigation. However, the parties quickly reached an impasse.

Divorce lawyers for Miami Heat’s Dwyane Wade argued that the former wife has bizarre behavior and interferes with his time-sharing. On the otherhand, lawyers for the former wife argued that Mr. Wade is too busy to be designated as the sole custodial parent.

The guardian ad litem has recommended that Dwyane Wade be granted custody. Dwyane Wade is scheduled to testify in court later this week.

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According to cnn.com, couples who are engaged are doing what they can to fight off the alarming divorce rates. Nowadays, young couples are reluctant to get married. But, experts now believe that premarital counseling may be beneficial. Engaged couples are taught to discuss topics such as finances, religion, children and sexuality.

During your first marriage, there is a 50-50 chance that you may hire a divorce lawyer in Fort Lauderdale. While many couples believe that the highest indicator of a divorce is conflict, the true number 1 indicator is avoidance of conflict. While many married couples accept that marriage is hard work, some engaged couples have decided to attend premarital counseling to prevent future problems before they tie the knot.

Psychotherapists have seen an increase in their premarital counseling practice and the sale of premarital books. Experts believe that this is a result of couples having a darkened view of marriage since they hear about the effects of a divorce all of the time. The benefits of premarital education is that it provides greater knowledge and relationship skills for contemporary marriages to succeed so that couples do not reach the point where they need to hire a divorce attorney in Broward.

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In Sootin v. Sootin, the former husband and former wife divorced in Miami-Dade in 1998. The former husband was obliged to pay the former wife permanent alimony. During 2008, the former husband sought to modify or terminate his alimony obligation. The former wife successfully moved to dismiss the petition since she now resided in Tennessee.

Next, the former husband moved to Tennessee and filed a petition to register and modify the divorce decree previously entered in Miami-Dade. After the former wife moved to dismiss the petition for a lack of subject matter jurisdiction in Tennessee, the Miami-Dade court, after consultation with the Tennessee Court, transfered the case to Tennessee. The former wife appealed this order.

In reversing the trial court’s transfer order, the Third District Court of Appeal held that the Miami divorce court erred in transferring the case to Tennessee. The court reasoned that Florida, under the Unified Interstate Family Support Act (hereinafter “UIFSA”), had continuing exclusive jurisdiction over the alimony order throughout the existence of the obligation.

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Fort Lauderdale divorce attorneys can file a petition to disestablish paternity and terminate a child support obligation if a male is not the biological father of a child. The petition must contain an affidavit that newly discovered evidence has become available since the original paternity or child support determination and an affidavit acknowledging that the child support obligation is current or has been substantially complied with and that any arrearage is a result of inability for just cause to pay the child support. Last but not least, a Broward marital and family law lawyer must plead that scientific paternity tests administered within 90 days prior to the filing of the petition prove that the male is not the biological father. Alternatively, an affidavit can be filed advising the court that the mother has prevented access to the minor child and that the court should order all interested parties to submit to DNA testing.

In Aulet v Aulet, the former husband appealed the Miami trial court’s order that dismissed his petition to disestablish paternity and terminate child support as a result of his failure to include scientific paternity tests administered within 90 days prior to the filing of the petition. The former husband was the father of three minor children pursuant to the final judgment of dissolution of marriage entered in December 2003. On April 5, 2007 and May 1, 2007, he had two DNA tests performed on one of the children. The DNA testing results revealed that there was a 0% chance that he was the biological father of one of the minor children.

The former husband’s petition did not contain an affidavit stating that he did not have access to the minor child to perform the DNA test within 90 days prior to the filing of the petition or that the trial court should order DNA testing of the minor child. Rather, the former husband alleged that that former wife refused to allow him access to the minor child since May, 2007. In affirming the decision of the Miami-Dade divorce and paternity court, the Third District Court of Appeal held that the plain language of Florida Statute 742.18 mandates that when a movant relies upon DNA tests administered prior to the filing of a petition, the tests must have been administered within 90 days prior to the filing of the petition.