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The Sun Sentinel is reporting that a Florida woman who was killed in her Tallahassee home had recently been awarded child support by a Florida marital and family law judge. Last Tuesday, Brandi Peters was awarded $307 per month in child support and retroactive child support in the amount of $22,925. The father of the twins, Antonio L. Anthony, had requested a paternity test which was denied by the court. Peters, her 3 year old son and 6 year old twins were all found dead on Saturday.

Law enforcement is treating the deaths as a homicide. They have spoken with the father of the twins and the father of the 3 year old son. The father of the twins has served three prior prison terms, was recently arrested in May, 2009 after serving a four year prison sentence and has prior offenses for aggravated assault with a weapon and armed burglary.

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Many clients will ask their Fort Lauderdale divorce attorney how they will have contact an access with their child in cases involving relocation or in which one parent resides outside of the state where their child resides. Video chats through the internet and programs such as Skype have become very popular in parenting plans. In fact, Florida marital and family lawyers believe that language regarding virtual time-sharing will soon become entrenched into all parenting plans.

Presently video conferencing between a parent and child is used by parents who face distance hurdles such as one parent living in Los Angeles and one parent residing in Miami. While relocation of a minor child often carries a difficult burden of proof, professionals believe that virutal access between a parent and a minor child is in his or her best interest.

Video conferencing between a parent and child is not a substitute for doing homework with a child or watching a child enjoy extracurricuar activities. There is a tremendous benefit in a child being able to immediately see their parent by webcam chatting. However, there still remains many unanswered questions such as whether virtual access should take place in front of the other parent and whether the use of technology by Miami child custody attorneys will be beneficial in all cases.

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People is reporting that Charlie Sheen will be filing for divorce from former Florida resident, Brooke Mueller. The parties were married in 2008 and have twins. After separating in April, 2010 during an incident in which Charlie Sheen was arrested, both Sheen and Mueller entered rehabilitation programs. Mr. Sheen was required to enroll in domestic violence counseling and is presently on probation. Recent accusations allege that Sheen was naked in a New York hotel room and subsequently transported to a New York hospitla. However, Sheen alleges that he had an allergic reaction to medication.

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A recent survey by the American Academy of Matrimonial Lawyers revealed that 73% of attorney’s who practice marital and family law are reporting an increase in the demand for prenuptial agreements. Broward divorce attorneys believe that the recession has effected people’s assets which now require protection in the event of a dissolution of marriage. Nowadays, the demand for prenuptial agreements is seen in the middle class and those individuals with substantial assets. While some individual’s want no responsibility for their spouse’s dent, others are protecting their pensions, 401k and retirement from equitable distribution.

An entrepreneur has recently created divorce insurance called WedLock. Customers are able to decide the size of the policy and the monthly premium based upon the selected plan. Divorce insurance polices range from $99 to $1,073 per month. Claims can not be submitted until a policy holder has had the plan for 36 months.

Marriage rates in the USA continue to drop. In 2000, 34.5% of individuals aged 25-34 had never been married. In 2009, the number increased to 46.3%. While marriage rates have dropped, many couples have just decided to live together and enter into a cohabitation agreement.

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Before you decide to hire a divorce attorney in Ft. Lauderdale, it is essential that either you or your spouse has been a resident of Florida for 6 months before the filing of the petition. While marital and family lawyers in Broward refer to this as the “residency requirement”, the legal term is referred to as subject matter jurisdiction.

A court acquires subject matter jurisdiction over a lawsuit either by the constitution or a specific statute. A husband and wife cannot create subject matter jurisdiction by waiver, acquiescence or agreement. In a divorce case, Florida Statute 61.021, confers subject matter jurisdiction upon the court and requires that either the husband or wife must reside in Florida for 6 months before the filing of the divorce petition. This residency requirement is not only jurisdictional but must be proved in every case by the filing party either by a Florida drivers license, voter’s registration card or even an affidavit of a corroborating witness.

In Mikulec v Mikulec, the husband filed a petition for writ of prohibition and alleged that the divorce court did not have subject matter jurisdiction since he was not a resident of Florida for six months prior to the filing of the petition. While the trial court denied his motion to dismiss for lack of subject matter jurisdiction, the order did not contain any findings as to where the husband resided before the wife filed the divorce action. In grating the writ of certiorari, the Fourth District Court of Appeal remanded the case to the trial court with instructions to make a specific finding that the husband has been a resident of the State of Florida for six months prior to the filing of the petition for dissolution of marriage.

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A divorce lawyer in Fort Lauderdale will always ask you about your occupation especially if your case may include alimony. A recent study explored a link between divorce and occupation. Have you ever wondered how your career can impact your marriage?

During the 2000 census, 16.35% of individuals listed themselves as separated or divorce. 14.5% of police officer, 43.1% of dancers and choreographer, 38.4% of bartenders and 38.2% of massage therapists were either divorced or separated. Other careers which landed in the top ten percent were casino employees, nurses, home health aids and telephone operators. On the otherhand, engineers, optometrists, clergy and podiatrists had occupations with low divorce rates. While these statistics are only from a limited scope of people, it is interesting to see how a job can impact your marriage.

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Divorce lawyers in Miami have advised the Salt Lake Tribune that former Utah Jazz forward, Carlos Boozer, and his wife, Cindy have reached an amicable settlement. In her Petition for Dissolution of Marriage, the wife had advised that the parties had entered into a marital settlement agreement and parenting plan which includes a time-sharing schedule for their three minor children. A final uncontested hearing is scheduled this month before Judge Leon Firtel.

Boozer recently signed a five year contract as an unrestricted free agent with the Chicago Bulls. His deal is worth $75 million. He had surgery this week to fix a broken finger and is expected to return to playing basketball within two months.

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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.