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Questions Answered by John Arthur Smitten
1 Answer | Asked in Real Estate Law and Family Law for Florida on
Q: I purchased a home with my ex, put it under her name her credit was better. I put forth the funds for purchase.

She does not want to sell the house and give me half. What rights do I have, having put allevense he money for the purchase as well as mortgage payments. How can I take this to court?

John Arthur Smitten
John Arthur Smitten
answered on Jan 31, 2016

You have to file an action for partition if you want to have the Court order it be sold.

1 Answer | Asked in Family Law for Florida on
Q: I pay child support but she won't let me see my son. What do I need to do?

I think she even has him living with his grandfather.

John Arthur Smitten
John Arthur Smitten
answered on Jan 31, 2016

You have to go to court and get an order. You have rights.

1 Answer | Asked in Family Law for Florida on
Q: What are the possibilities of a mother gaining sole custody of their child if the father is homeless?
John Arthur Smitten
John Arthur Smitten
answered on Jan 31, 2016

Your chances are excellent if he has no home.

1 Answer | Asked in Family Law for Florida on
Q: My daughter is 20 years but her condition and paper say that is like 10, can I do anything in court to have her custody.

She have speech problems, writings, and reading she can't speak a whole sentence every time I have to go and appointment they say she is and adult but she don't have the capacity of understanding.

John Arthur Smitten
John Arthur Smitten
answered on Jan 31, 2016

If the person is a special needs person then you will still have to pay support.

1 Answer | Asked in Family Law and Immigration Law for Florida on
Q: Can someone tell how long a child support case last through FL Childsupport Enforcement?

I'm not a U.S. citizen so I can't work. Dad works in the U.S. Coast Guard. He literally threw us out from his house in Louisiana, had to come back to FL where we have some support with shelter. We need help right now and nobody can tell how long its going to take :(

John Arthur Smitten
John Arthur Smitten
answered on Jan 31, 2016

3-6 months, most of it is waiting around for the court to set the hearing.

1 Answer | Asked in Divorce for Florida on
Q: My wife filed for divorce,but she's telling me not to sign what is she trying to do

Won't I get in trouble by the courts if I don't sign?

John Arthur Smitten
John Arthur Smitten
answered on Jan 24, 2016

You are free to sign (or not sign). Use of a lawyer is recommended.

1 Answer | Asked in Family Law for Florida on
Q: Can I legally take my daughter back whenever I want?

I let my ex husband (still married but separated) keep our daughter until I could find a more suitable place for me and her to live. He works 3 jobs and doesn't even let me talk to her. When I do move into a more suitable place for her, would I be able to legally take her from him? We never... View More

John Arthur Smitten
John Arthur Smitten
answered on Jan 24, 2016

I would not recommend just getting the child. File a case for full custody. Use of a lawyer is recommended.

1 Answer | Asked in Family Law for Florida on
Q: Dad paying child support, but not interested in see the kids since 2 years ago. Would be convenient file sole custody?
John Arthur Smitten
John Arthur Smitten
answered on Jan 24, 2016

If he does not see them then yes go for sole custody. Use of a lawyer is recommended.

1 Answer | Asked in Family Law and Juvenile Law for Florida on
Q: I am 27 and have a 1 year old daughter with an 18 yr old, can i apply for a name change on my daughters last name?

since we're no longer together but i am the biological father. If so would i get charged with sexual battery or anything of that sort? she is 18 now however was 16 when it began and was 17 when she gave birth.

John Arthur Smitten
John Arthur Smitten
answered on Jan 24, 2016

Yes apply for the name change, you will not get arrested. Use of a lawyer is recommended.

1 Answer | Asked in Family Law for Florida on
Q: The father of my child was abusive and is mentallly disabled, we have two babies will the judge allow him rights?

The father of my kids is mentally disabled as bipolar schizophrenic, he takes anti pshycotics is using drugs and basically mixing drugs with his anti psyhcotics he was very abusive both physically and mentally, i managed to leave with my kids every thing was fine for about a year and a half . Now... View More

John Arthur Smitten
John Arthur Smitten
answered on Jan 24, 2016

It is your burden of proof to show why he is not entitled to contact with his kids. Use of a lawyer is recommended.

1 Answer | Asked in Family Law for Florida on
Q: Can a non-US citizen resident alien sue for custody of a child in another country using US court and laws?

A student of mine from Saudi Arabia divorced her husband 9 months after the birth of her child. The daughter automatically went to the husband due to KSA law and my student has tried many times in Saudi to sue for custody. Now that she and her new husband are in the US and planning to stay, can... View More

John Arthur Smitten
John Arthur Smitten
answered on Jan 24, 2016

Yes, if they live in FL they can sue in FL. Use of a lawyer is recommended.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: I was in a rush to divorce and did the paper before I was at my residence for 6 months...I have seen the judge

Jus realized my mistake what can I do to finalize my divorce

John Arthur Smitten
John Arthur Smitten
answered on Jan 24, 2016

You will have to dismiss the case then refile. Lack of jurisdiction is not correctable. Use of a lawyer is recommended.

1 Answer | Asked in Divorce for Florida on
Q: I am pro se. I am the initial respondent - I have however filed a counter petition I am contesting the divorce

The issue is alimony and division of assets.

If I can show solid evidence of my husband and mistress co-mingling their funds, (co-signers on a 40k vehicle), purchased prior to his petition for D, they live together and have traveled together(all financially provable), can I counter,... View More

John Arthur Smitten
John Arthur Smitten
answered on Jan 18, 2016

If you are making a claim for alimony then you will need to retain a lawyer. Adultery is not as big a factor as you may think.

1 Answer | Asked in Divorce for Florida on
Q: My wife won't go to court house with me to sign papers for divorce. What can I do

I have all the paper work for a simplified dissolution of marriage in Florida. Have not lived with my wife for 8 months. She is just being stubborn

John Arthur Smitten
John Arthur Smitten
answered on Jan 18, 2016

If he will not agree to the simplified process then just file a regular divorce.

1 Answer | Asked in Divorce for Florida on
Q: What happens if one is "Unable to respond" to divorce papers, due to incarceration?
John Arthur Smitten
John Arthur Smitten
answered on Jan 18, 2016

Retain a lawyer to represent your interests. Also being in jail is not an excuse to not respond.

1 Answer | Asked in Divorce for Florida on
Q: Divorce degree states that we alternate claiming our son but we agreed to something else on our own. Is this ok?

My ex husband and I alternate years claiming our son per our divorce agreement. My ex will be deployed and we agreed that it would be easier for me to claim our son and give him a specified amount of money when I get my return. Can we get in trouble for this if we both agree?

John Arthur Smitten
John Arthur Smitten
answered on Jan 18, 2016

You are free to make any deals you want but the court will enforce the written order if necessary.

1 Answer | Asked in Divorce, Family Law and Adoption for Florida on
Q: Is it possible to reverse a step-parent adoption after divorce?
John Arthur Smitten
John Arthur Smitten
answered on Jan 18, 2016

no

1 Answer | Asked in Family Law for Florida on
Q: I want to get child support from my child's father for the first time I don't make an money he works and make money who

Will be the one to pay child support?

John Arthur Smitten
John Arthur Smitten
answered on Jan 18, 2016

He has to pay support if the child lives primarily with you. Use of a lawyer is recommended.

1 Answer | Asked in Family Law for Florida on
Q: Can your Father legally Steal 30k from you?

This question isn't about me it's from a youtube video I watch by the name of McJuggerNuggets https://www.youtube.com/watch?v=n4XN4wZ4qKU he was one his way to pay for a house we wanted to buy but as soon as the dad saw the money he grab it from him and told him he deserve it because of... View More

John Arthur Smitten
John Arthur Smitten
answered on Jan 18, 2016

That is not proper, sue to get the money back.

1 Answer | Asked in Divorce for Florida on
Q: My husband has a separate bank account for his business, am I entitled to half the money in that account if we divorce?

We live in Florida and my husband and I have a joint bank account. My husband also has a separate account for his business, and money that his business earns is paid directly into that account. If we divorce, will I be entitled to half the money in his business account?

John Arthur Smitten
John Arthur Smitten
answered on Jan 3, 2016

Need to know what the money is for. Retained earnings in now way is indicative of the value of the business and you don't just get half. Hire a lawyer to assist you with your case.

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