Family Law Questions & Answers

Q: I live in nc. My sons Medicaid is through me. We have a court order that states neither party pays child support and

1 Answer | Asked in Family Law for North Carolina on Aug 27, 2014

Answered on Aug 31, 2014

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Steven W Grainger's answer
Child support is something that is, in essence, never final. If they can show that there has been a susbtantial change in circumstances since that original order, then that is enough for the court to revisit the issue. However, the court may do nothing, or it may rule in your favor. Modification, as it is called, is very fact specific,. I would advise consulting a good family law attorney in your area.

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Q: I am on child support in another state but have had my kids for 3 months they r in school n now the mother moved down he

1 Answer | Asked in Family Law for Florida on Aug 28, 2014

Answered on Aug 29, 2014

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John Arthur Smitten's answer
Yes he can unless you file for custody asap. Use of a lawyer is recommended.

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Q: Is my son father obligated to pay child support after years of not paying, and my son is 26 now?

1 Answer | Asked in Family Law for Florida on Aug 28, 2014

Answered on Aug 29, 2014

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John Arthur Smitten's answer
Yes he has to pay until all the support and the arrears are paid off. Use of a lawyer is recommended to collect.

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Q: how do you have a child custody judgment transferred from California to Florida. trying to get full custody of child

1 Answer | Asked in Family Law for Florida on Aug 28, 2014

Answered on Aug 29, 2014

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John Arthur Smitten's answer
You have to register the out of state order with the FL clerk, for starters. Use of a lawyer is recommended.

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Q: Child jurisdiction

1 Answer | Asked in Family Law for Florida on Aug 28, 2014

Answered on Aug 29, 2014

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John Arthur Smitten's answer
While not logical yes he can get just the divorce in FL. The rest in your state. Use of a lawyer is recommended.

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Q: If noncustodial left the country does not pay child support and see children maybe 8 days a year. Can I get sole custody

1 Answer | Asked in Family Law for Florida on Aug 28, 2014

Answered on Aug 29, 2014

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John Arthur Smitten's answer
Yes that would be considered abandonment. Use of a lawyer is recommended.

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Q: if my wife by text told me not to pay then sues me for back payments is there an org that can help or forum

1 Answer | Asked in Family Law for Florida on Aug 28, 2014

Answered on Aug 29, 2014

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John Arthur Smitten's answer
You should have complied with the order. If this goes to court you will lose. Use of a lawyer is recommended.

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Q: Can I leave the state with my son if his father is taking me to court for partial custody?

1 Answer | Asked in Family Law for Maryland on Aug 2, 2014

Answered on Aug 28, 2014

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Evan M. Koslow's answer
If there is no current order in place, you can. However, I would not recommend that you do. This can hurt you in the long run.

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Q: Can a judge do custody at a child support hearing in Baltimore circuit court??

1 Answer | Asked in Family Law for Maryland on Aug 5, 2014

Answered on Aug 28, 2014

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Evan M. Koslow's answer
Unless requested in writing for the Court to consider custody prior to the hearing (well before the hearing), no. However, if there is no prior custody agreement/order in place, then it is possible for a party to request custody to be determined by the court. This will require you to go back to Court and if there is a change in the custody arrangement can then change the child support amount. It is always advisable to have custody resolved prior to the Court making a determination of child...

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Q: Guardianship

1 Answer | Asked in Family Law for Maryland on Aug 7, 2014

Answered on Aug 28, 2014

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Evan M. Koslow's answer
If there is already a Guardianship action in place in Virginia and your daughter still lives in Virginia, you should obtain an order in Virginia modifying the guardianship (contact a Virginia attorney if this is the case for more information).

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Q: My girlfriend and I wanna be married through city hall in Baltimore city what are the cost and steps to do this?

1 Answer | Asked in Family Law for Maryland on Aug 14, 2014

Answered on Aug 28, 2014

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Evan M. Koslow's answer
check out these two websites:

http://www.usmarriagelaws.com/search/united_states/maryland/marriage_license/city_of_baltimore.shtml

http://www.baltocts.state.md.us/about/contactus.htm

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Q: child support

1 Answer | Asked in Family Law for Maryland on Aug 22, 2014

Answered on Aug 28, 2014

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Evan M. Koslow's answer
Yes you can. You can also file for other certain relief (that the Child Support Enforcement Agency will not be able to handle, such as custody, use and possession of the family home (if there is a home that is owned by either of you that the child(ren) have resided in as their primary home), alimony (if at issue), etc).

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Q: What should I call this document?

1 Answer | Asked in Family Law for Maryland on Aug 22, 2014

Answered on Aug 28, 2014

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Evan M. Koslow's answer
If the document only relates to your child, then you should call it a Custody Agreement. It is not a Marital Settlement Agreement since it does not resolve property issues related to your marriage. Beware your Wife (or her attorney) may change the title (and other language in the agreement).

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Q: I share custody of my 17 yr daughter with her father. She got mad and moved in with her dad and I haven't seen her 3

1 Answer | Asked in Family Law for Maryland on Aug 24, 2014

Answered on Aug 28, 2014

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Evan M. Koslow's answer
More information will need to be provided. Specifically, what the prior court states regarding the exact custody arrangement you and the father have. That order is in place until modified by the Court, if you, the father, or your daughter file a Complaint to Modify Custody with the Court. Your daughter is able to request a modification of the current custody arrangement (if it was provided via a Court Order), now she is now over 16 years old.

If you think that your daughter's...

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Q: my grandparents adopted my daughter does my husband have to pay my back child suppor? he is not her biological father.

1 Answer | Asked in Family Law for Maryland on Aug 24, 2014

Answered on Aug 28, 2014

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Evan M. Koslow's answer
I am not sure who you owe back child support to....the biological father? Once your grandparents adopted your daughter, no child support would be owed to them. Either way, if there is a child support order stating that you were at one time obligated to pay child support to someone as it relates to the daughter that was adopted and you have not paid your husband will not be obligated to pay. However, if there are arrears owed and you and your husband have joint financial accounts it is...

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Q: In which state do I file to modify a custody order if I live in MD, my ex lives in VA, and we divorced in CO?

1 Answer | Asked in Family Law for Maryland on Aug 15, 2014

Answered on Aug 28, 2014

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Evan M. Koslow's answer
Since neither you or your ex (and their for the child) lives in CO anymore, the state that has jurisdiction over the modification of custody will be either MD or VA. This depends on where the child has resided for the last 6 months. If the child has primarily resided in MD for the past 6 months (i.e. attends school/camp/daycare, etc) in MD then MD has jurisdiction. If VA is where the child primarily resides then VA has jurisdiction.

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Q: If a child (age 15) doesn't want to see the noncustodial parent anymore, does child support have to increase?

1 Answer | Asked in Family Law for Florida on Aug 27, 2014

Answered on Aug 28, 2014

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John Arthur Smitten's answer
It puts an increased financial burden on the custodial parent so yes it could lead to an increase.

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Q: Can Florida take all of my pension to pay alimony?

1 Answer | Asked in Family Law for Florida on Aug 27, 2014

Answered on Aug 28, 2014

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John Arthur Smitten's answer
the pension is a source of monthly funds from which to calculate alimony.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

john@tcarey.com

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-490-4944

careyandleisure.com

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