A Strong Hand To Guide You Through Challenging Problems

Family law is known as one of the most painful, volatile and sensitive areas in the entire practice of law. If you are going through a legal concern involving your family, you probably understand why. It is a time when you are most vulnerable to suffering harm from someone you love or once loved deeply.

At Nicole Kessler Ferry, P.A., we know how to advise you. Since 2002, our firm has staunchly represented clients throughout the Pensacola metro area. In addition to our advice and guidance, we provide objectivity when it is difficult to see clearly.

We handle the following family law cases:

• Divorce: If you have lived in Florida for six consecutive months or if you are military and have designated Florid as your home state, you can get a dissolution of marriage here. The Courts look at residential leases, voter registration, driver’s licenses and affidavits from individuals who can attest that you lived here for six months. The fact that you can get a divorce in Florida doesn’t necessarily mean that you can handle everything between you and your soon to be former spouse. For instance, if you and your spouse own property in another state, Florida has no jurisdiction over that property. The courts cannot order that property sold unless it is located inside Florida’s state lines. You also may not be able to handle your custody issues in Florida. For instance, if you or your spouse moved here, but your child remained with the other spouse in a state you had lived with the child for six months-then that state is defined as the home state. The Home State has exclusive jurisdiction absent specific exceptions.
• Military Divorce: If you are a member of the military or are married to a servicemember you probably already realize that your divorce may look differently than a non-military one. There are specific requirements to determine what portion of the retirement a former spouse can obtain and how they are defined.
• Alimony: Alimony is financial support that is granted to the needy spouse. It doesn’t mean only to the woman, it can also mean that a husband receives alimony. In this day and age, many men are filling the role as stay at home dad while the wife’s career made more money. The amount awarded is limited to 35% of the difference in the spouses’ income. If the marriage is less than ten years but more than two, the award can be given for up to ½ the length of the marriage. If the marriage is between ten and 20 years, the length of alimony is no longer than 60% of the length of the marriage. Lastly, a long term marriage is one lasting more than twenty years. In that case, the length is limited to 75% of the length of the marriage. Effective July 1, 2023, permanent alimony no longer exists. The length of a marriage is determined by the date of marriage up and until the date of filing the dissolution of marriage.
• Asset and debt division: Assets that you had before marriage or ones that you inherited are considered non-marital assets. However, if you put non-marital funds in an account with money jointly owned with your spouse or any of your own future earnings-you are commingling those monies. It is a risk that can make those assets lose their pre-marital status. If you began a business during the marriage, that business is marital even if only one spouse participated. If a spouse had a pre-marital business, but continued to contribute to its continued operation, arguably the other spouse has a claim to the increase in value from date of marriage.
• Child custody: If there are children in a divorce, the timesharing between the parties and their  minor children can be handled in a divorce of the parents were not married, in a paternity case. In the latter, the father and mother, if both are on the birth certificate are considered legal guardians of the child.. Unfortunately, that does not establish a parenting plan. One of the parents will need to file a Petition to Establish Paternity and Timesharing.
• Child Support: The state of Florida has a formula to determine the right amount of child support to be paid. Child support is the right of the child, so neither parent can waive it. There is a table of income that combines both parties’ incomes. Dependent on how many children there are, the state determines how much should be spent on those children between the two parents. The percentage of that overall amount depends on how much of the percentage each contributed to the total. On top of that amount is daycare and health insurance. A parent’s percentage owed of each is also determined by what their percentage of the parties joint incomes. Child support can be made through the Child Support Depository or directly to the parent who is receiving the support. And no, even if you have equal timesharing, that doesn’t mean that no support will automatically be paid. If one parents has a lower income, then there may very well be an amount of support owed. If a parent doesn’t pay their child support, the courts can put them in jail, suspend their professional and driver’s licenses as well as revoke their passport. .If the Department of Revenue is involved they can also intercept the parent who has a child support arrearage tax return for any unpaid child support.
• Modifications: Many people ask once their parenting plan is final, will it stay that way. It will only stay that way until another order is entered if a change is requested. That applies to child support, alimony and timesharing. It does not apply to property division. Once you split your property, the family court loses jurisdiction to enforce it. In order to modify any of the aforementioned you must prove that a substantial change has occurred. In timesharing modifications, you must then also prove that the change you are requesting is in the children’s best interest.

 

Family law does tend to bring out the worst in good people. Many times we hear that clients have difficulty accessing their attorneys. If you are our client, just say, “I want to talk to my attorney”. Hiring an attorney is obtaining an objective view point. When someone is in the middle of one of these cases, they simply don’t have the ability to see straight. We understand that you are scared and often angry. Don’t go through a divorce or other family law matter without an attorney. No one wants to give an attorney money, but remember, this is the rest of your life, the rest of your children’s lives. I can’t begin to tell you the number of times I have consults with clients who only come to me after an order is entered. In those instances it might be too late. Lastly, don’t think that you should use the same attorney. Attorneys can only represent one of you and even if they say they can help draft the agreement, there can only be one client.

For Strong Support And Guidance, Contact Us

The difficult issue you are going through might not be over yet, but it will be someday – and we will help you through it. Contact our law office to set up an initial consultation. We offer discounts to service members and military families. Call 850-299-1578 or send us an email to get started.