Questions Answered by John Arthur Smitten

Q: I have joint custody my ex has been ordered to pay child support and hasn't paid in two yrs, can i get sole custody?

1 Answer | Asked in Family Law for Florida on Oct 23, 2014

Answered on Oct 24, 2014

Follow Question


John Arthur Smitten's answer
Yes if he is not around the file papers with the court for sole custody.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

jsmitten@clnwlaw.com

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-490-4944

careyandleisure.com

Answer this Question View More »

Q: I been over paying my child support in florida. Does that put me ahead or is that extra money consider a gift

1 Answer | Asked in Family Law for Florida on Oct 23, 2014

Answered on Oct 24, 2014

Follow Question


John Arthur Smitten's answer
You should file a motion with the court to get credit for that.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

jsmitten@clnwlaw.com

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-490-4944

careyandleisure.com

Answer this Question View More »

Q: Please help below is my question

1 Answer | Asked in Family Law for Florida on Oct 23, 2014

Answered on Oct 24, 2014

Follow Question


John Arthur Smitten's answer
You have to get DNA testing done and file a petition to dis-establish paternity.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

jsmitten@clnwlaw.com

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-490-4944

careyandleisure.com

Answer this Question View More »

Q: Im 19 years old, my father never give anything in my life, can i apply to a back child support unless I'm 19 and single?

1 Answer | Asked in Family Law for Florida on Oct 23, 2014

Answered on Oct 24, 2014

Follow Question


John Arthur Smitten's answer
yes you can sue him.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

jsmitten@clnwlaw.com

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-490-4944

careyandleisure.com

Answer this Question View More »

Q: My sons dad has not made first payment and now does not want to pay and is taking me to court. What should I do

1 Answer | Asked in Family Law for Florida on Oct 23, 2014

Answered on Oct 24, 2014

Follow Question


John Arthur Smitten's answer
file a motion for contempt for non-payment of support.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

jsmitten@clnwlaw.com

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-490-4944

careyandleisure.com

Answer this Question View More »

Q: Im on child support and i have all three kids what do i do?

1 Answer | Asked in Family Law for Florida on Oct 21, 2014

Answered on Oct 22, 2014

Follow Question


John Arthur Smitten's answer
You have to petition the court to change the order and to stop the assessment of child support against you.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

jsmitten@clnwlaw.com

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-490-4944

careyandleisure.com

Answer this Question View More »

Q: I am mother, I have majority custody in FL, Can I move her out of state with Military Husband If not how far may I move?

1 Answer | Asked in Family Law for Florida on Oct 21, 2014

Answered on Oct 22, 2014

Follow Question


John Arthur Smitten's answer
You have to get a court order to move more than 50 miles away. If a military transfer it should be no problem.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

jsmitten@clnwlaw.com

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-490-4944

careyandleisure.com

Answer this Question View More »

Q: Would I be able to name guardians for my child in the event of my death or would I need sole custody?

1 Answer | Asked in Family Law for Florida on Oct 21, 2014

Answered on Oct 22, 2014

Follow Question


John Arthur Smitten's answer
Yes you need to prepare a pre-need guardian designation.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

jsmitten@clnwlaw.com

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-490-4944

careyandleisure.com

Answer this Question View More »

Q: My new husband will not approve of my adult daughter w/children to live with me, She was kid-napped in Orange County in

1 Answer | Asked in Family Law for Florida on Oct 17, 2014

Answered on Oct 21, 2014

Follow Question


John Arthur Smitten's answer
If you live together he can approve or not approve who lives in the home, so can you. You have to choose between him and your daughter.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

jsmitten@clnwlaw.com

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-490-4944

careyandleisure.com

Answer this Question View More »

Q: I live in Florida and am married. I want to take our 7mnth old son to Chicago to stay w/family can he legally stop me?

1 Answer | Asked in Family Law for Florida on Oct 18, 2014

Answered on Oct 21, 2014

Follow Question


John Arthur Smitten's answer
You have to get a court order.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

jsmitten@clnwlaw.com

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-490-4944

careyandleisure.com

Answer this Question View More »

Q: My ex isin jail again.So is her mother who has custody enough to collect the support money.How do I get custody rightnow

1 Answer | Asked in Family Law for Florida on Oct 19, 2014

Answered on Oct 21, 2014

Follow Question


John Arthur Smitten's answer
You have to file a petition with the Court for full custody asap.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

jsmitten@clnwlaw.com

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-490-4944

careyandleisure.com

Answer this Question View More »

Q: do spouse have rights like heirs, after divorce, if mentioned in last will as "wife"

1 Answer | Asked in Family Law for Florida on Oct 20, 2014

Answered on Oct 21, 2014

Follow Question


John Arthur Smitten's answer
potentially yes if the ex does not change their will or other estate documents.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

jsmitten@clnwlaw.com

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-490-4944

careyandleisure.com

Answer this Question View More »

Q: Can a stepfather pay child support on their step children when he dont want them living with him no more?

1 Answer | Asked in Family Law for Florida on Oct 20, 2014

Answered on Oct 21, 2014

Follow Question


John Arthur Smitten's answer
A stepfather has no obligation to pay support to kids not his. You may have a claim for alimony however.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

jsmitten@clnwlaw.com

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-490-4944

careyandleisure.com

Answer this Question View More »

Q: I live in Florida and my ex moved my 3 kids to new York without me knowing can she still put me on child support.......

1 Answer | Asked in Family Law for Florida on Oct 16, 2014

Answered on Oct 18, 2014

Follow Question


John Arthur Smitten's answer
If she just moved then you need to file for custody in FL asap. Use of a lawyer is recommended.

Answer this Question View More »

Q: How long can MS hold jurisdiction on minors that reside in FL. Aunt has visitation per court. No longer want that at all

1 Answer | Asked in Family Law for Florida on Oct 16, 2014

Answered on Oct 18, 2014

Follow Question


John Arthur Smitten's answer
You have to register the MS order here in FL then have it modified asap. Use of a lawyer is recommended.

Answer this Question View More »

Q: Will I have to pay child support for a 15 yr old girl that I have no relationship with, if I'm not the father?

1 Answer | Asked in Family Law for Florida on Oct 17, 2014

Answered on Oct 18, 2014

Follow Question


John Arthur Smitten's answer
The court should allow you to take the DNA test to get off the birth certificate and dis-establish paternity.

Use of a lawyer is recommended.

Answer this Question View More »

Q: County charities law enforcement and dhs wont protect me from my abuser and hes custodial parent of my kids. What do ?

1 Answer | Asked in Family Law for Florida on Oct 14, 2014

Answered on Oct 17, 2014

Follow Question


John Arthur Smitten's answer
find a way to hire a lawyer.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

jsmitten@clnwlaw.com

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-490-4944

careyandleisure.com

Answer this Question View More »

Q: I am married my husband isn't the father once alleged father is proven to be the father will his name birth certificate

1 Answer | Asked in Family Law for Florida on Oct 15, 2014

Answered on Oct 17, 2014

Follow Question


John Arthur Smitten's answer
Your husband as the legal father will have to give up his rights, this is a complex case and you will need a lawyer.

Answer this Question View More »

Q: How long does it take for the court system to allow a parent to have full custody of children that are verbally abused?

1 Answer | Asked in Family Law for Florida on Oct 15, 2014

Answered on Oct 17, 2014

Follow Question


John Arthur Smitten's answer
Have your mother hire a lawyer asap.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

jsmitten@clnwlaw.com

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-490-4944

careyandleisure.com

Answer this Question View More »