Nicole Kessler Ferry, P.A.Nicole Kessler Ferry, P.A.2026-02-20T04:41:35Zhttps://www.theferryfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1101655/2025/02/cropped-fav-icon-32x32.pngOn Behalf of Nicole Kessler Ferry, P.A.<![CDATA[New Florida Speeding Statute includes penalties for younger drivers.]]>https://www.theferryfirm.com/?p=475322026-01-16T07:08:07Z2026-01-16T07:00:56ZYour lead foot can send you right to jail if you are speeding more than 50 miles over the speed limit. Effective July 1, 2025 law enforcement are no longer limited to simply giving you a citation and sending you on your way. The new dangerous speeding statute allows officers to arrest a driver who is speeding more than fifty miles over the limit and requires a mandatory court appearance. Linked below are the two statutes that can apply to the Speedy Gonzales driver. The driver can spend up to 30 days in jail and pay up to $500 in fines or both for just the first offense. And when I say driver, I don’t mean just the adult driver. I also mean the juvenile ones. It has been reported that 38,361 crashes in Florida were related to speeding or aggressive driving. That equated to 437 deaths and more than 1,200 incapacitating injuries. You can also lose your driver’s license for up to a year. Small tip, slow down. See the Tampa Bay article below.
]]>On Behalf of Nicole Kessler Ferry, P.A.<![CDATA[Dramatic changes to timesharing in Florida]]>https://www.theferryfirm.com/?p=475282025-10-29T04:59:27Z2025-10-29T04:57:34Zhttps://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html
Since the statute was modified, we haven’t seen much appellate interpretations of how this statute should apply. Appeals generally take about a year and a half in Florida. We don’t know if this presumption is really able to be overcome. The judges I’ve seen so far since the amendment have adopted equal timesharing except one. It’s is on appeal now. The standard “preponderance of the evidence” really just means who do you believe more. It is the same standard that is used in civil cases. If the judge believes 51% toward unequal timesharing, then so be it. Imagine the scales of justice. If it tips ever so slightly more in one direction, then that is who wins.
Before July 1, 2023, when a parent who moved back to where the children lived it was not considered a substantial change which was needed to change timesharing. It was based on caselaw, not a specific statute. There is a new statute that now reflects that if a parent lived more than fifty (50) miles from the other parent and child at the time of the last order on timesharing and then moves within fifty (50) miles of the parent and child, it may be considered a substantial change in circumstances.
Hopefully the new changes will help families and facilitate a loving relationship between both parents and children.]]>by Nicole Kessler Ferry, P.A.<![CDATA[How do I know which state to file for custody of my kids or child support?]]>https://www.theferryfirm.com/?p=474102025-01-15T22:34:56Z2025-01-15T22:34:56Zexcept Massachusetts. Statutes & Constitution :View Statutes : Online Sunshine, Essentially, the courts are required to look to see first, if there is an order establishing timesharing of the child in place and if so, where. If there is an order in effect and neither parent nor child live in that state, a modification of that order can be done in the child's new home state. Home state is defined as the state where the child and a parent have lived for six (6) consecutive months. If there is an order in place, even if the child moves with one parent out of that initiating state, the state that enters the Order has continuing exclusive jurisdiction. There are exceptions to the those rules if an emergency exists. If so, the child has to be present in the state when the action is filed in that state. For example, Joe and Kathy have a daughter, Catie. They were married and divorced in Louisiana. Kathy and Catie moved to Florida. Kathy wants to modify the timesharing schedule. She has to go back to Louisiana to file the petition unless Joe has also moved out of Louisiana. Example 2: Bob and Joan have two boys, Eli and Avery. They were never married. Bob now lives in Minnesota and Joan lives in Florida with both boys and has for at least six months. If either Bob or Joan want to establish timesharing, it must be filed in Florida because Florida is the home state.
Child support is a little different. It is governed by Fla. Stat. Chapt. 88. Statutes & Constitution :View Statutes : Online Sunshine Child support can be established if Florida has personal jurisdiction over the paying parent. The court will have personal jurisdiction over that parent if the child was conceived in Florida; if the paying parent is served in Florida with a lawsuit seeking to establish child support; if the father filed with the Putative Father Registry; the parent lived with the child in Florida; the paying parent lived in the state and provided financial support for the child; or simply consents to jurisdiction in Florida. UISFA applies to several states, but not to all.]]>by Nicole Kessler Ferry, P.A.<![CDATA[How do I obtain a divorce in Florida?]]>https://www.theferryfirm.com/?p=474002025-01-14T23:45:16Z2025-01-14T23:45:16Zby Nicole Kessler Ferry, P.A.<![CDATA[Can I retire even if I am paying alimony?]]>https://www.theferryfirm.com/?p=473792025-01-13T21:09:35Z2025-01-13T21:09:35ZIn the state of Florida prior to July 1, 2023, the ability to retire and no longer pay alimony was not guaranteed. Now, if you are of normal retirement age as defined by the Social Security Administration (obviously this is subject to change) or the age that your profession deems you to retire, you can petition the court to terminate or reduce your alimony obligation. The burden is on the paying former spouse to prove that he or she should no longer be required to pay alimony. This new law applies to all existing alimony obligations in Florida. So, if you are nearing retirement, you can even file the Petition to Modify your alimony six (6) months before you actually intend to retire. Contact us today to see if you qualify! I've included the link to the actual statute here. Statutes & Constitution :View Statutes : Online Sunshine]]>On Behalf of Nicole Kessler Ferry, P.A.<![CDATA[Can A Juvenile Possess A Firearm In Florida?]]>https://www.theferryfirm.com/?p=472922024-06-25T05:29:50Z2024-06-25T05:29:21ZOn Behalf of Nicole Kessler Ferry, P.A.<![CDATA[DeSantis Transforms Alimony For Florida]]>https://www.theferryfirm.com/?p=472712023-08-04T06:43:23Z2023-08-04T06:41:08ZOn Behalf of Nicole Kessler Ferry, P.A.<![CDATA[How does retirement for the spouse of a military servicemember work?]]>https://www.theferryfirm.com/?p=462122022-07-29T22:18:39Z2021-11-02T04:00:00ZOn Behalf of Nicole Kessler Ferry, P.A.<![CDATA[Can a spouse file for legal separation in the state of Florida?]]>https://www.theferryfirm.com/?p=465222022-07-29T22:18:48Z2020-09-26T05:35:41ZOn Behalf of Nicole Kessler Ferry, P.A.<![CDATA[Has the Pretrial Order in Escambia and Santa Rosa counties changed?]]>https://www.theferryfirm.com/?p=462252022-07-29T22:18:53Z2020-09-14T04:00:00Z