Family Law Questions & Answers

Q: father has been working under the table for months, how can i prove this in the contempt hearing?

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

Answered on Sep 17, 2014

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John Arthur Smitten's answer
Get him under surveillance, also you should have the matter referred to the state attorney for prosecution as a crime. Use of a lawyer is recommended.

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Q: I am UK citizen and mother of the child, the child is also UK citizen, The father is US citizen.Can we apply for support

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

Answered on Sep 17, 2014

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John Arthur Smitten's answer
Yes if he lives here you can file in FL. Use of a lawyer is recommended.

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Q: If my parental rights we're taking from me and my kids were adopted do I still have to pay child suppoy

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

Answered on Sep 17, 2014

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John Arthur Smitten's answer
no this should have been zeroed out. If not then file a motion to zero out the arrears. Use of a lawyer is recommended.

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Q: My daughter has my last name. My ex moved to another county without telling me so I can't see her. Can she be arrested?

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

Answered on Sep 17, 2014

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John Arthur Smitten's answer
She wont be arrested unless there is some type of contempt order, you have to go to court to enforce your parental rights. Use of a lawyer is recommended.

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Q: My daughters father works for a car wash how much child support will I get ? (his business but not in his name)

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

Answered on Sep 17, 2014

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John Arthur Smitten's answer
child support is based upon FL guidelines. Use of a lawyer is recommended.

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Q: What needs to be done for oldest daughter to take temporary guardianship or custody of youngest daughter for school

1 Answer | Asked in Family Law for Alabama on Sep 15, 2014

Answered on Sep 16, 2014

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Mr. James Parrish Coleman's answer
You have not told how old these children are. If the older is an adult, you can probably do it with a guardianship Power Of Attorney. IF the school won't accept that, you should explore setting up a guardianship through the probate court. If both are minors, you can't appoint one child to take custody of another child.

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Q: My child is 20 they were still taking out child support for 14 months can that money goes toward my arrears

1 Answer | Asked in Family Law for Alabama on Sep 15, 2014

Answered on Sep 16, 2014

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Mr. James Parrish Coleman's answer
It can come out, but you are going to have to go to Court to get that done.

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Q: Does child support include daycare payments?

1 Answer | Asked in Family Law for Alabama on Sep 16, 2014

Answered on Sep 16, 2014

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Mr. James Parrish Coleman's answer
Day care expense that is necessary so a parent can work is calculated into child support. THere is a maximum per child, and the day care MUST be to allow the parent to work. THe amount of day care allowed depends on where in the state you are. THe maximum allowable for a toddler and preschooler in Mobile is about $152 per week. THere is no way I can tell you how your $800 per month figure stacks us, because you have not told the income of each parent, who is the custodial parent, what is the...

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Q: can my daughter get full physical custody of her daughter even if the father is in the picture

1 Answer | Asked in Family Law for Florida on Sep 13, 2014

Answered on Sep 16, 2014

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John Arthur Smitten's answer
Yes, the burden of proof is the best interests of the child.

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Q: Can a mother give the aunt custody without the child's father's consent?

1 Answer | Asked in Family Law for Florida on Sep 13, 2014

Answered on Sep 16, 2014

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John Arthur Smitten's answer
No it requires consent of both parents or a court order.

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Q: I have 60/40 custody arrangement with my ex. He's mentally abusing the kids. What proof do I need to go to court?

1 Answer | Asked in Family Law for Florida on Sep 13, 2014

Answered on Sep 16, 2014

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John Arthur Smitten's answer
To change the order you have to go back to court. The burden of proof in on you and you have to show a material substantial change in circumstances.

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Q: My cousin wants to give here new born up to me when it is born we live in nc

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

Answered on Sep 16, 2014

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John Arthur Smitten's answer
It is not that simple. You can do an adoption case here in FL if you will live here but for sure you will need an attorney and an adoption agency.

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Q: The clerk of courts shows I owe child support but CSE says my case is closed. How do I get the court to close?

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

Answered on Sep 16, 2014

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John Arthur Smitten's answer
You have to file a motion with the court to close the case and to zero out the support arrears.

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Q: unwed parents. father leaves mother and kids takes thr only vehicle is this legal?

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

Answered on Sep 16, 2014

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John Arthur Smitten's answer
A crime no, you have to go to court to enforce your parental rights.

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Q: I live in Fl. Is it illegal for the mother of my daughter to keep me from seeing her and taking her out of the county?

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

Answered on Sep 16, 2014

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John Arthur Smitten's answer
No that is not right, you have parental rights that you should enforce.

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Q: can child support be enforced by the Florida Department of Revenue without the parents consent

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

Answered on Sep 16, 2014

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John Arthur Smitten's answer
If the receiving parent receives any kind of state aid, yes.

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Q: The DNA test said I was 98% the father. Is there any chance I may not be considering she slept around?

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

Answered on Sep 16, 2014

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John Arthur Smitten's answer
You can have another test done and then file that with the court depending on the results. Use of a lawyer is recommended.

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Q: I've been separated from my daughter's father 4.5 years. No custody agreement and need to move 20 hrs away. Can I?

1 Answer | Asked in Family Law for Iowa on Sep 15, 2014

Answered on Sep 16, 2014

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John Arthur Smitten's answer
If not married to him and no orders in place then yes you can move, otherwise no. You should still get a custody Order. Use of a lawyer is recommended.

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