After being separated from my wife for 9 months and she decided to file for divorce the day after our 17th anniversary claiming that guarantees her permanent alimony is there any truth to that
answered on Jun 5, 2016
Alimony is based on Florida Statute 61.08. You should hire a lawyer to represent you in the case.
he left me may 3 and has been apart for since then . hasn't heard from him as i saw him on may 10th at his friend house and talked and he said he need more time apart didnt mention divorce or anything . how can i save this marriage ? this something completely different than my first divorce.
answered on May 21, 2016
It only takes one person to get a divorce so if he wants it he will get it.
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey, Leisure and Neal
622 Bypass Drive, Suite 100
Clearwater, FL 33764
(727) 799-3900
jsmitten@careyandleisure.com
answered on May 21, 2016
Question not clear.
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey, Leisure and Neal
622 Bypass Drive, Suite 100
Clearwater, FL 33764
(727) 799-3900
jsmitten@careyandleisure.com
I was granted to move from nj to fl with my daughter. The father has to provide proff of daycare for 6 weeks summer stay. This info is to be mailed to me 4 weeks before my daughter is to go fly out and visit . What recourse do I have if he fails to send the appropriate information 4 weeks prior to... View More 
answered on May 21, 2016
Yes it is in your interests to abide by the order of the court.
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey, Leisure and Neal
622 Bypass Drive, Suite 100
Clearwater, FL 33764
(727) 799-3900
jsmitten@careyandleisure.com
My stepdaughter is supposed to go to her mom's tomorrow so we do not have time to file but we have spoken to her 3 times about picking her up from school unsupervised and last weekend she spent all day Saturday and Sunday unsupervised with violent, drug addiction friends. We feel it would be... View More
answered on May 21, 2016
If the other side is not complying with the order for supervised contact then you can deny the visitation.
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey, Leisure and Neal
622 Bypass Drive, Suite 100
Clearwater, FL 33764
(727) 799-3900
jsmitten@careyandleisure.com
I am the mother/respondent I did have a lawyer and the way the Father's lawyer wrote the final judgment her wrote it favoring the father. I feel like he his own personal feelings or his clients feelings to document not facts. What can I do to fix the details.
answered on Apr 23, 2016
A judge will either write the judgment himself/herself or ask one of the lawyers to do it, either way the judge has to sign off on the final product,
The two parents were separated for years but she had a child by someone else and put her husbands name on birth certificate. Now getting a divorce and being told he is responsible for child support even though its not his!
answered on Mar 6, 2016
If he wants to get out of paying support he has to file a petition to dis-establish paternity.
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey, Leisure and Neal
622 Bypass Drive, Suite 100
Clearwater, FL 33764
(727) 799-3900
jsmitten@careyandleisure.com
answered on Mar 6, 2016
Support is retroactice 2 years from the date a person files for support.
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey, Leisure and Neal
622 Bypass Drive, Suite 100
Clearwater, FL 33764
(727) 799-3900
jsmitten@careyandleisure.com
i already pay $850. She constantly asks me to pay for more. The child is already covered by my insurance but still asks me to pay for braces. Private school as well.
answered on Mar 6, 2016
Only pay what the order says
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey, Leisure and Neal
622 Bypass Drive, Suite 100
Clearwater, FL 33764
(727) 799-3900
jsmitten@careyandleisure.com
I would like a divorce with 2 minors without asking the father for monetary support
answered on Feb 26, 2016
yes.
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey, Leisure and Neal
622 Bypass Drive, Suite 100
Clearwater, FL 33764
(727) 799-3900
jsmitten@careyandleisure.com
We have been divorced for awhile now. We been able to see my kids and bring them up to where we live during breaks but now that my fiancé is pregnant. My ex wife won't let her be around nor talk to my kids. We have had no problem until this. Is it legal? My fiancé is not a criminal.... View More
answered on Feb 26, 2016
Your ex cannot dictate your life unless there is some affect on your children.
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey, Leisure and Neal
622 Bypass Drive, Suite 100
Clearwater, FL 33764
(727) 799-3900
jsmitten@careyandleisure.com
My son is 11 months old; there was no marriage. He barely pays child support. There is no papers in the court/ case open.
answered on Feb 26, 2016
If not married to the child's father and no orders in place then you can move.
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey, Leisure and Neal
622 Bypass Drive, Suite 100
Clearwater, FL 33764
(727) 799-3900
jsmitten@careyandleisure.com
he resides in Alabama and I live in he had to take my son up there as we lost our home and as I stated I am not eligible to work in the USA as I haven't got a work permit so I am not allowed by law to work what will happen in this case ?
answered on Feb 26, 2016
File for divorce in FL and go for child support.
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey, Leisure and Neal
622 Bypass Drive, Suite 100
Clearwater, FL 33764
(727) 799-3900
jsmitten@careyandleisure.com
i gave her tempoaray custody through the courts because i was ill but i survived and i want them back. what should i do
answered on Feb 26, 2016
You have to file a petition with the court to reinstate your parental rights.
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey, Leisure and Neal
622 Bypass Drive, Suite 100
Clearwater, FL 33764
(727) 799-3900
jsmitten@careyandleisure.com
My daughter turns 18 next week and my divorce papers state that child support ends at the age of majority. But she will not graduate till 3 months after her 19th birthday. When we got the divorce agreement was finalized my daughter was going to graduate 3 months after turning18 but my ex wife put... View More
answered on Feb 26, 2016
The emancipation date is 18 unless you file a motion to extend the date. Latest you can go is age 19 so long as the child is on track to graduate.
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey, Leisure and Neal
622 Bypass Drive, Suite 100... View More
I've already told her that I'm going to fight in court for a joint custody. My question is could the last name be changed to mine in court ?
Thanks
answered on Feb 26, 2016
Yes, you have to file a petition to change the name and to establish you parental rights.
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey, Leisure and Neal
622 Bypass Drive, Suite 100
Clearwater, FL 33764
(727) 799-3900
jsmitten@careyandleisure.com
My daughters father took her from me and refused to give her back but I took her back last week and have pictures and video evidence that he was leaving bruises all up and down her legs and butt. However we have a temporary standing order that says I must allow contact. Am I allowed to file a... View More
answered on Feb 26, 2016
If you want immediate action then contact DCF.
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey, Leisure and Neal
622 Bypass Drive, Suite 100
Clearwater, FL 33764
(727) 799-3900
jsmitten@careyandleisure.com
Divorce- she keeps kids in our house and has a 4K month salary, I recently lost my job and only have 2K per month income driving for Uber. I will soon have my S6 license and will be working with Prudential Financial Serv. Wife owes 120K in student loans, I owe about 5K credit card debt, that's... View More
My husband was arrested April 2007 and was sentenced to 17 years in prison that was in 2009. Ive tried for 6 years for him to file knowing I have no job or money for a lawyer or fees and he refuses. We do have 3 children together 11,9 and 8. I would like to move on and I cant do that being married... View More
Going through divorce with spouse. He left home 5 months ago. While approaching mediation date (Jan 26), he denied hidden funds so subpoena sent and process halted. Now its become antagonistic on his part. After only seeing daughter for dinner 2 or 3 times a month for the last 5 months, he now... View More
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