Family Law Questions & Answers

Q: Cant you stop child support. Then start it back up if things dont work out?

1 Answer | Asked in Family Law for Florida on Oct 22, 2014

Answered on Oct 22, 2014

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Robert Jason De Groot's answer
More facts are needed to answer this question. What does it mean you just put him on not even a week ago? Has a court order been entered yet?

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Q: I receive child support for one of my children but I have since married the father the child support enforcement case

1 Answer | Asked in Family Law for Florida on Oct 22, 2014

Answered on Oct 22, 2014

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Robert Jason De Groot's answer
Enter into a stipulation and get the stipulation reduced to a court order. But that might not be possible if you were on public assistance.

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Q: I am married to a lady who is the great-great grandmother of her daughters sons children.

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

Answered on Oct 22, 2014

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Evan M. Koslow's answer
Only if your the father of your wife's daughter. If you are not, then you are considered there step-great-great grandfather. It also depends on what you are trying (or not trying) to accomplish (i.e. for estate planning purposes or something else).

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Q: My divorce was granted but before the effective date of the divorce we decided to work on our marriage. The judge

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

Answered on Oct 22, 2014

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Gina Marie Famularo's answer
If your case was dismissed, the lawsuit no longer exists and you must start over with the whole process. The waiting time will start over, too. If the court put the case on hold, you can pick up where you left off. Go to the courthouse and ask if the case has been dismissed.

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Q: If my son visits his dad in NY and he a resident of CA does he have any legal rights to keep him?

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

Answered on Oct 22, 2014

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Gina Marie Famularo's answer
Yes. If you send your son to New York for nine moths, your husband am keep him. Your son will become a resident of New York and it is unlikely you will be able to get your boy back in. June. Do not send your son for that long! File a court case here and get court orders before you send your son at all. Limit all visits to no more than a month or two, max.

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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

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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

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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

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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

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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

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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

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Q: Can I seek a modification for child support or file separately if it wasn't discussed in my custody case?

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

Answered on Oct 21, 2014

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Evan M. Koslow's answer
If it was not requested or discussed in your custody matter, yes you can file a separate child support action. If it is only child support you are seeking, then you should contact the Office of Child Support Enforcement Agency (OCSE) in your county who can assist you with this for a fee of $25.

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Q: I lost custody and was given visitation, child support was denied .. Can the other side sue and get child support?

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

Answered on Oct 21, 2014

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Evan M. Koslow's answer
The Court has the discretion to state that the parties are to be generally charged with the support of the minor child. However, the Judge must state on the record why it is in the best interest of the child for their not to be any child support awarded (i.e. the access schedule is close to 50/50 and the parties income is similar to one another). If you are considered that child support should have been ordered, you should consult with an attorney ASAP as you have 10 days to file a Motion to...

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Q: How can take my son father off child support? I had no choice because I was revieving government assistance I have a job

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

Answered on Oct 21, 2014

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Evan M. Koslow's answer
If the child support is being collected through the Office of Child Support Enforcement agency (OCSE) they are the ones to determine whether or not child support should be modified or terminated. If you now have a job, you can request the modification by contact OCSE or the father can file a modification stating that their is a material change in circumstance. However, depending on both yours and his income, as well as, the access schedule the two of you have, would determine whether child...

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Q: New wife's ex says he needs my SSN in order to sell their old house. She has no rights to the house. Why would he need

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

Answered on Oct 21, 2014

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Evan M. Koslow's answer
He wouldn't need your SSN (even if she had an interest in the house).

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Q: need to find a legal aid where i'll can get a legal separation

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

Answered on Oct 21, 2014

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Gina Marie Famularo's answer
Hello, you can go to your local courthouse to get help. Ask for the self help center. They will have all the resources to help you prepare your lawsuit. They will also have classes you can take to help you through the process.

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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Q: My ex just retired & I did not receive this month's child support. What can I do?

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

Answered on Oct 20, 2014

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Gina Marie Famularo's answer
Open up a case with the department of child support services. Also, see about obtaining a wage assignment for any retirement monies received.

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