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Questions Answered by Michael Ferrin
1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can I get lawyer support per hour without a large down payment in Brower Florida?

I started my divorce and was asked a down payment of 5000 usd, the money dissapeare very quickly and now I am on my own with imited resorces to continue. I was wonderig if I could have only one or two hour meetings for legal advice and then I do all the procedures and paper work but just to... Read more »

Michael Ferrin
Michael Ferrin
answered on May 3, 2022

Good morning.

You may find an attorney out there can may be able to assist you, but we do not take on issue piece meal like that. We would need to be retained for the case.

1 Answer | Asked in Divorce for Florida on
Q: Can husband get equity gained during marriage on a home purchased prior to marriage ?
Michael Ferrin
Michael Ferrin
answered on Apr 27, 2022

Yes, you husband could have a marital interest in a home purchased prior to the marriage. How much depends on whether marital funds were used to make the mortgage payments, whether there were any improvements made on the home during the marriage which caused appreciation, and whether the value of... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Hi, I had an attorney for my divorce for over a year so we've made quite a bit of progress. Here's where we are:

The Parental Plan and Marital Settlement were drafted and sent to my spouse's attorney, then we attended our mediation in Feb., 2022.

During this mediation, there were several changes made to the 2 documents, but we ran out of time and didn't get them signed. The main point of... Read more »

Michael Ferrin
Michael Ferrin
answered on Apr 26, 2022

First you must make sure that at least one of you have plead for partition which is what allows the court to sell the home at auction if you and your husband cannot agree on what to do with the home. Second, you need to have the home appraised by a reputable appraiser that has experience testifying... Read more »

2 Answers | Asked in Divorce for Florida on
Q: If I file for divorce in Florida, will that be made public the date that I filed

Will I be able to view it online

Michael Ferrin
Michael Ferrin
answered on Apr 20, 2022

In most counties, as soon as you file the case anyone can access the docket online which shows only the title of what was filed and not the actual document. But, there are some counties where you can access the records online almost immediately after they are filed. In addition, most courthouses... Read more »

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1 Answer | Asked in Child Custody and Divorce for Florida on
Q: My soon to be husband is trying to take full custody of the the kids I had told him I was gonna hurt myself out of spit

I will never do something like that to hurt my boys they are my world I had said it to hurt him he tried to have me backer acted but since I’m not suicidal they let me go in less than 20 hours he is putting the boys through too much and I can’t have him put them through more he had a 10 year... Read more »

Michael Ferrin
Michael Ferrin
answered on Apr 3, 2022

Being you made those comments, your mental health will most likely be called into question. Any issues raised by your husband can be dispelled with a mental health evaluation if needed. Understand also that if you do not have a history of mental health issues, when people are breaking up sometimes... Read more »

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Hi, I'd like to confirm something before taking further action: If my spouse and I are in front of a judge because we

...can't agree on the value of our jointly-owned home (the goal is to calculate the current equity, split that in half and he'll buy me out and stay in the home), will a judge lean more toward a Realtor analysis value or an Appraiser value? Also, in what instances would a judge require a... Read more »

Michael Ferrin
Michael Ferrin
answered on Mar 25, 2022

Normally, if there is a marital home that is titled jointly, the court would need one of you to plead for what is called partition. This allows the court, in the event the parties cannot agree to list the home for sale, to sell the home at auction. It normally does not get that far because most... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: Is there anything I can do to stop my husband from threatening to ruin my life by not paying the loans under my name?

I find myself in a situation with my husband who becomes unstable whenever he consumes excessive amounts of alcohol. This has not been the first instance. As the behavior escalates, it becomes more unbearable. In addition to verbally abusing me, he also harassed my family online. Our marriage has... Read more »

Michael Ferrin
Michael Ferrin
answered on Mar 14, 2022

In order to do something regarding the debts you would need to file for divorce. When you file for divorce, generally all assets and debts acquired during the marriage are considered marital and will usually be divided equally between you and your husband. As for the abuse, if it rises to a level... Read more »

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Florida on
Q: How do I terminate permanent guardianship? Child is uncontrollable because birth mother is encouraging bad behavior! Etc

He’s bullying 93 yr old in home causing my 5yr old grandson I’ve adopted to break down. He’s refusing to do schoolwork stealing taking off etc. I’ve called many agencies only to get one offering referral for counseling. This child needs a one on one situation that I can’t provide. I’m... Read more »

Michael Ferrin
Michael Ferrin
answered on Mar 14, 2022

You would need to file a motion to terminate the guardianship. I would highly recommend that you contact an attorney to assist you if this is what you want to do. If you can, it would be best if you could find someone else to take over the guardianship of the child and that way you can file a... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Florida on
Q: My wife suspects me of cheating & hits me multiple times in the face, withdraws 15k & accuses me of abuse. What’s next?

I have pictures of the bruises on my face of that day. I did not call the police, and I did not want to charge her. But she is telling the police I hit her when I merely grabbed her hand to stop hitting me. I later found out she withdrawn money from my account. All of this happened when I told her... Read more »

Michael Ferrin
Michael Ferrin
answered on Mar 13, 2022

You did not mention what the hearing was about so I cannot give you insight on that. I do recommend that you file for divorce as soon as possible.

1 Answer | Asked in Family Law for Florida on
Q: Is father responsible for paying mothers rent if parents are unwed?

Mother of child refusing to move out of house because she cannot afford rent where father pays for all of child’s needs and the mother threatens to take child away. Is the father actually responsible for paying her rent or can he kick her out without being responsible for paying for her rent?

Michael Ferrin
Michael Ferrin
answered on Mar 13, 2022

To completely answer your question we would need to know if she is on the lease. If she is on the lease she has a right to be in the home just as you do. In fact, even if she is not on the lease she still has a right to be there. Usually you would need to undergo having her evicted whether or not... Read more »

1 Answer | Asked in Traffic Tickets for Michigan on
Q: Speeding ticket I received didn't state my speed & has errors describing vehicle color and make. Can ticket be dismissed

I received a ticket for speeding. The officer said that he would cut me a break for 5 over and 0 points. I noticed that my vehicle make was spelled incorrectly, it does not mention what model car, and color described was incorrect. The speed I was traveling was also not listed on the ticket, all it... Read more »

Michael Ferrin
Michael Ferrin
answered on Mar 13, 2022

You may want to the ticket. If the officer does not show up or cant remember what speed you were going the ticket could be dismissed. Even if the ticket cannot be dismissed, usually the ticket can be resolved at the hearing with a good attorney. I would recommend contacting an attorney in your... Read more »

2 Answers | Asked in Bankruptcy for Florida on
Q: I have Proof of Claim paperwork from a former job filing Chapter 11, but I don't know if I am a creditor.

I worked for the job 3/20 to 3/21. I have consulted other law services and been told that I should be a creditor if I have received such paperwork. They directed me to this site for more help. I've submitted a request for a list of creditors so that I can be sure I have a right to file a... Read more »

Michael Ferrin
Michael Ferrin
answered on Mar 13, 2022

If you are owed money by the company for wages etc your are a creditor. You should gather any evidence you have of the money that you are owed and file a proof of claim and attach the evidence to the proof of claim. If you need help you can retain an attorney, but make sure you monitor the court... Read more »

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1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Domestic Violence for Florida on
Q: Did my lawyer have conflict of interest against my x who stated in court that they have been good friends last 10 yrs?

We went to court twice. My lawyer called my x into the hall to talk before he even acknowledged me both times. Permanent DVI hearing, my lawyer has nothing of mine to present to the judge. No pics of all the bruises, no police rpts, nothing. My Permanent DVI was denied. CPS requested emergency... Read more »

Michael Ferrin
Michael Ferrin
answered on Mar 13, 2022

The Florida Bar has an ethics hotline that you can contact anonymously and ask if there was a conflict of interest. Just google Florida Bar Ethics Hotline and you should be able to find it.

2 Answers | Asked in Family Law for Florida on
Q: If I had a loan under my name and my husband refused to pay it, do I have the legal right to demand that he pay it?

My husband obtained two loans under my name in order to pay off his mounting credit card debts. He has my consent during the course because I have a good credit. But eaxh time we argue, he’s using that as a He has threat repeatedly that he will not pay off the cards/loans in order to be malicious... Read more »

Michael Ferrin
Michael Ferrin
answered on Mar 14, 2022

In order to do something about it you would need to file for a divorce. Once the divorce is filed the court will generally consider all the debts and assets acquired during the marriage as marital and will they be equally divided between the both of you. It does not matter who's name the debts... Read more »

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: Do I have to stay with my aunt until I am 21 or go back to my grandparents in Puerto Rico until I’m 21?

My mom left Puerto Rico when I was three months old. I’ve lived in the United States my whole life. My mom passed away when I was 17. I live in Florida by the way. My grandparents signed me over to my aunt. I tried to leave the house now that I am 18 but my aunt said that she has legal custody... Read more »

Michael Ferrin
Michael Ferrin
answered on Mar 14, 2022

The age of majority in Florida is 18 making you an adult in the eyes of the law. Therefore you are free to go if you want to leave.

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2 Answers | Asked in Family Law for Florida on
Q: What happens to my child if I have 100% timeshare but I pass away?

My ex wife has not seen our child since May of last year. In August of last year I was awarded full decision making and 100% timeshare. I am remarried and my wife and child have a great relationship. Would my ex be able to take my child should something happen since her rights have not been... Read more »

Michael Ferrin
Michael Ferrin
answered on Mar 14, 2022

If your former wife's rights were not terminated she would gain custody of your child in the event you pass away. The only thing that could be done at the time of your passing is that your current wife or another family member could file for temporary custody, guardianship, or adoption... Read more »

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2 Answers | Asked in Child Support, Divorce and Family Law for Florida on
Q: What do I do when the Brevard county clerks office shows I owe, but child support enforcement says I am paid in full?
Michael Ferrin
Michael Ferrin
answered on Mar 11, 2022

Get a payment history from both and compare the two. If there is a discrepancy, which there appears to be, you can file a motion to determine arrears with the court and have a hearing on it to straiten it out. We do these all the time so if you need an attorney reach out to our office.

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2 Answers | Asked in Child Custody and Family Law for Florida on
Q: Hello, my question is how would I go about obtaining guardianship over my nephew since his legal guardian passed away?

My nephew is 17 years old and my mother was his legal guardian, she passed away last year. My husband and I have actually been taking care of him since 2018, but we just never had the guardianship transferred to us. Now we are unable to take him to the doctor or anything because we are not his... Read more »

Michael Ferrin
Michael Ferrin
answered on Mar 11, 2022

You would need to retain an attorney and file a petition for guardianship over the child. Its actually a statutory requirement for you to have an attorney when seeking a guardianship.

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2 Answers | Asked in Divorce for Florida on
Q: In our divorce agreement, we agreed when our house sold, I would receive 40% because he was still living in it and

paying the mortgage. It has been 10 years now, the home has been paid off years ago. He's not ready to sell, but I am ready for him to buy me out of my 40%. We did not have a time line in our agreement.

Do I have any legal rights to have him pay me my 40% at this time?

Michael Ferrin
Michael Ferrin
answered on Mar 8, 2022

You would need to look at the language in the agreement to see if there is a way it can be enforced. Note that equitable distribution cannot be enforced through contempt. I would recommend contacting an attorney to assist you.

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Florida states that Adultery is a crime within the state of Florida but yet Florida will not up hold that law why ?

My Husband has moved his girlfriend and 2 kids in with him, and has put me on the streets homeless . He is supporting her and the 2 kids while I am left without a home or any means of providing for myself. Adultery is a crime in Florida why is this law not being enforced ?

Michael Ferrin
Michael Ferrin
answered on Mar 5, 2022

It is a crime that prosecutors choose not to prosecute. Bit you do have a way to get help and that is to file your divorce. When you file the divorce you can address property division, child custody, child support, and alimony which should all help in this situation. I would recommend contacting an... Read more »

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