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Questions Answered by Michael Ferrin
2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Can I file a motion for temporary support, time-share, and other relief with dependent or minor children?

Can I file a motion for temporary support, time-share, and other relief with dependent or minor children after my spouse has already answered/denied my counter petition to their divorce petition? Also, my attorney will be away for a few weeks. Can I file it myself? It’s become an urgent matter as... View More

Michael Ferrin
Michael Ferrin
answered on Feb 5, 2024

Yes, you can file a motion for temporary relief, but if you are represented by an attorney you would need to have them file the motion. If you were not represented by an attorney you could file the motion on your own. Be aware that some jurisdictions have administrative orders that apply to family... View More

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: if my wife committed infidelity at work with her manager can I sue the company?

So my wife and I have been together 7 years. We have been great and she started this job at a hotel last year this is her first job. Over the last month I have found out about her having relations with her manager and also possibly another coworker. I would like to know if there is anyway I can go... View More

Michael Ferrin
Michael Ferrin
answered on Oct 25, 2023

I am a family attorney so I cannot give you advice on your rights to sue her employer. I can say that many companies frown upon this sort of behavior and if they are made aware of it, it could lead to both your wife and the coworkers to be terminated. Not sure if you want to do that, as when you... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: I have a 20 year old divorce decree that states i will be responsible for 1/2 payment of my childrens' student loans.

Loans are all in exwife name and over the years have been paid off and on- going into deferrment a few times.i have remarried and moved to Florida and am 73 years old. The original loans were for $53000 and now with interest is way over $150000.My ex has now sued me in a Pennsylvania court for 1/2... View More

Michael Ferrin
Michael Ferrin
answered on May 11, 2023

Being your case is from Pennsylvania and there was recent litigation that took place there, you would need to contact an attorney in Pennsylvania to address those issues. As for the order being enforceable in Florida, the opposing party would need to domesticate the order in Florida for it to be... View More

1 Answer | Asked in Divorce for Florida on
Q: The address listed under an LLC received divorce papers sent by my wife.

My wife sent me divorce papers ( Notice of Case Management Conference) to the address listed under an LLC in Florida ( I am one of the people on the LLC,) however the address that is listed under my name is the registered agent address for the business. I did not personally sign for the documents,... View More

Michael Ferrin
Michael Ferrin
answered on Feb 22, 2023

Service of process is only required for the initial petition. After that, documents can be sent either through the court's eportal (via email) or they can be sent via regular mail wherever you may be. What is important is that you received the documents. If there ever was an issue where you... View More

2 Answers | Asked in Divorce and Family Law for Florida on
Q: If you are doing an uncontested divorce. You’ve been married 18 years. Your spouse owns the house, but you’ve both been

Making the payments. He wants to keep the house. Do I have any rights to compensation for helping pay the mortgage the past 18 years?

Michael Ferrin
Michael Ferrin
answered on Feb 22, 2023

Generally, assets and debts acquired during the marriage are considered marital regardless of whether just one spouse is on title. Therefore if the home was purchased during the marriage you would most likely have an interest in it.

If the home was purchased before the marriage it would...
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1 Answer | Asked in Divorce for Florida on
Q: I am going through a divorce and And left the house 6 months ago and the wife is being difficult not letting me in the

The divorces in Florida The wife is being difficult and not letting me back into the house and I wanna know if I have any legal standing to just go to the house and make my way into the house somehow to get my equipment out of the house and if I do that and would I get in any trouble pork arrested

Michael Ferrin
Michael Ferrin
answered on Dec 12, 2022

If a divorce has not yet been filed, and no orders of exclusive use and possession have been issued, you have right to go back to your house so long as you are on the lease or are on title to the property. This sort of issue is common at the beginning stages of most divorces and you must be careful... View More

2 Answers | Asked in Child Custody, Child Support and Divorce for Florida on
Q: My wife filled divorce we got 3 kids
Michael Ferrin
Michael Ferrin
answered on Dec 9, 2022

As stated in the prior response, you have 20 calendar days to respond to the petition once you have been properly served. We also recommend that you file a counter petition along with your answer assuming there are not personal or subject matter jurisdiction issues (same goes for filing the... View More

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: Is it possible make a write agreement with my ex husband before get divorce . ,

We have a restaurant business together

Michael Ferrin
Michael Ferrin
answered on Dec 1, 2022

There are two types of agreements that may pertain to your situation. If you do not intend to file for divorce, but are planning just in case of divorce in the future, you can enter into a post nuptial agreement to address certain issues. Post nuptial agreements are similar to prenuptial agreements... View More

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2 Answers | Asked in Divorce and Estate Planning for Florida on
Q: My wife and I are both disabled I am on sddi she is on ssi we are considering divorce so she can draw a higher amount

We can't make it on our current income with food and gas prices rising we have no children or property

Michael Ferrin
Michael Ferrin
answered on Nov 26, 2022

I cannot give any insight on what benefits will be available while married or after divorce, but if you are both in agreement to get divorced you can file an uncontested or simplified divorce. You should speak with a professional specializing in social security benefits to assist you before making... View More

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3 Answers | Asked in Divorce and Family Law for Florida on
Q: Spouse filed and served a petition for Annulment of marriage. I have received papers. He has passed before my response.

What do I do? Do I still have to respond, and file with the court house? There is no more marriage to annul, though it is a summons.

Michael Ferrin
Michael Ferrin
answered on Nov 13, 2022

If your husband passed way the case needs to be closed as the divorce is no longer possible. You should obtain a certified copy of his death certificate and file it with the court and request for the case to be closed/dismissed.

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3 Answers | Asked in Divorce for Florida on
Q: evidence husband has cheated the entire marriage, do you have to do marriage counseling during the divorce process?
Michael Ferrin
Michael Ferrin
answered on Nov 9, 2022

Florida law does not require parties to complete marriage counseling. Florida is also a no fault state, so unless your husband used a significant amount of marital funds in furtherance of his affairs, the fact that he was unfaithful during the marriage is not relevant.

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2 Answers | Asked in Divorce for Florida on
Q: How can I get my house in the divorce if I paid the downpayment but the mortgage is in both names?
Michael Ferrin
Michael Ferrin
answered on Nov 9, 2022

If your home was purchased during the marriage, and both you and your husband appear on the title, the home appears to be a marital assets and will be equitably divided by the court. If you used nonmarital funds to make a down payment on the home you could have an argument to seek an offset. The... View More

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1 Answer | Asked in Divorce for Florida on
Q: My spouse and I agreed on a separation. If I move out but continue to assist financially 50/50 as normal with mortgage

Assist financially with kids schooling and activities can she say I abandoned her and in turn I lose any rights to our house

Michael Ferrin
Michael Ferrin
answered on Nov 6, 2022

You moving out of your home does not affect your marital interest in the home. It could however affect your access to the home given that you have chosen to leave and live separately. We would recommend that you speak with an experienced family law attorney to assist you.

1 Answer | Asked in Divorce, Family Law and Child Support for Florida on
Q: Any laws prohibiting what can be expensed/excluded from selfempincome in Fl in regards to income calc. for child support

My ex is a realtor so he can expense everything and reduce his income to almost nothing to avoid paying child support. Any laws to prevent this? What business expenses are allowable? Is gross income not used to calculate child support in this case?

Michael Ferrin
Michael Ferrin
answered on Nov 3, 2022

You may want to consider hiring an accountant to go through his personal and business financials to determine what expenses are personal or inflated. The short answer is that any expenses that are personal in nature you should have a good argument to have them included in his income for purposes of... View More

1 Answer | Asked in Divorce for Florida on
Q: Will I lose my permanent alimony if I move in w/my boyfriend? I am 2 yrs post divorce of 29 years.

Will I lose it if I move out of state also with my boyfriend?

Michael Ferrin
Michael Ferrin
answered on Oct 31, 2022

Unless the final judgment states that the alimony is non modifiable, if you are found to be in a supportive relationship it could affect your permanent alimony. To be clearer, if your boyfriend is contributing towards your living expenses (groceries, gas, car payment, rent, mortgage) or you are... View More

1 Answer | Asked in Divorce for Florida on
Q: My daughter and her husband lived in Missouri he filed divorce she moved to Florida and he has now moved to Florida

She wants the divorce to proceed Missouri will not dismiss the case nothing's happening how does she proceed she has the children in Florida for a year. How can she proceed. She is not recieving any child support and he trying to drag out divorce.

Michael Ferrin
Michael Ferrin
answered on Nov 25, 2023

If the case is still pending in Missouri you would need to first speak with an attorney in Missouri to address the case there and see if it can be transferred to Florida now that both of you live in Florida.

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: How do I modify a Marriage Settlement Agreement when the Divorce is not finalized.

My wife and I agreed to a "short version" marriage settlement agreement back in Dec. 2022. I get 5 days/week timesharing with our son, she gets 2. The child support was based on this timesharing plan.

Since Dec. 2022, she has not seen our son once and the divorce is not final.... View More

Michael Ferrin
Michael Ferrin
answered on Aug 8, 2023

You would need to try and file a motion to set aside the agreement if you dont want to be bound by the agreement. The court would need to determine whether the agreement should be set aside or ratified.

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3 Answers | Asked in Divorce for Florida on
Q: I am divorcing my wife, we got married in Nicaragua 3 yrs ago, do I divorce her in the USA or in Nicaragua?.
Michael Ferrin
Michael Ferrin
answered on May 6, 2023

If you have living in Florida for 6 months or more you could file in Florida. There are several factors that can play into what jurisdiction and what venue is appropriate for your case. You should contact a local attorney to assist you in determining where to file.

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: My husband and I are divorcing. We have an $18,000 IRS debt that is being withdrawn from my account at $250/month. Our v

. Our verbal agreement was to pay half and half. Is it possible for me to force him to pay his half off during our divorce so I don't have to keep begging him to send me $125 every month as I have been? (and he has not paid in 4 months)

Michael Ferrin
Michael Ferrin
answered on Apr 17, 2023

Yes, you can file a motion for temporary relief and request that the court order your husband to contribute to the expense until a final hearing or agreement is reached.

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1 Answer | Asked in Divorce for Florida on
Q: Can I take this matter to a civil court if I don't agree with the Magistrate's final ruling?

We had a marital house of 14 years in Canada, & decided to sell it and relocate to Florida. I came first & left husband selling the home and signed the power of attorney to him. I asked him how much $ was left after the sale-he said the bank took everything and there was nothing left. Year... View More

Michael Ferrin
Michael Ferrin
answered on Feb 22, 2023

If the court has already entered a final judgment, you have 10 days to file a motion to vacate the judgment. If you seek to vacate the final judgment and the court denies your request, you then have 30 days to file an appeal.

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