Family Law Questions & Answers

Q: I live in FL. My ex claims we were never legally married. Does he still owe child support?

1 Answer | Asked in Family Law for Florida on Aug 20, 2014

Answered on Aug 21, 2014

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John Arthur Smitten's answer
whether you were married makes no difference. He still owes child support.

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Q: How can I change a pick up order children in Pinellas county

1 Answer | Asked in Family Law for Florida on Aug 20, 2014

Answered on Aug 21, 2014

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John Arthur Smitten's answer
You have to file the necessary motions with the Court. Use of a lawyer is recommended.

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Q: How can the UCC be instrumental in helping in a custody battle especially Article 10 and possibly article 11.

1 Answer | Asked in Family Law for Florida on Aug 20, 2014

Answered on Aug 21, 2014

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John Arthur Smitten's answer
The Uniform Commercial Code in no way will help you, you are way off base. If you want to fight pay a lawyer

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Q: Never married, never went to court, and now want to move out of state. Father sees child every 2 wks.

1 Answer | Asked in Family Law for Florida on Aug 19, 2014

Answered on Aug 20, 2014

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John Arthur Smitten's answer
If no court orders then you can move. That said you should get a court order. Use of a lawyer is recommended.

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Q: Can I extend child support if my child turnes 18 an is still in high school

1 Answer | Asked in Family Law for Florida on Aug 19, 2014

Answered on Aug 20, 2014

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John Arthur Smitten's answer
Yes but you have to file a motion with the court. Use of a lawyer is recommended.

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Q: Can I ignore all phone calls from my childs father while filing for custody?

1 Answer | Asked in Family Law for District of Columbia on Jul 31, 2014

Answered on Aug 20, 2014

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Paula J. Mcgill's answer
Under normal circumstances, if he is trying to talk with his child, you may not look good in the judge's eyes if you prevent that communication. The judge looks at what is in the best interest of the child. However, your circumstances may not be normal. Talk with local counsel to determine if your strategy will hurt your position and your child more than help your child.

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Q: Can my ex husband cut child support in half when our son is spending time with him for the month in summer?

1 Answer | Asked in Family Law for District of Columbia on Aug 14, 2014

Answered on Aug 20, 2014

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Paula J. Mcgill's answer
I am licensed in DC and Georgia.

In either jurisdiction, unless the order allows your ex to decrease child support during the summer, he must comply with the order. If he fails to pay child support when due, file a petition for contempt.

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Q: If i dont have custody can i get in trouble if i dont take my son back to his care givers at this time

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

Answered on Aug 19, 2014

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Paula J. Mcgill's answer
It doesn't matter what your son wants at this point. Follow the court order. It will harm your position, and possibly the transition schedule if you don't follow the schedule.

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Q: How do I get papers saying I have sole custody?

1 Answer | Asked in Family Law for Georgia on Aug 11, 2014

Answered on Aug 19, 2014

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Paula J. Mcgill's answer
In Georgia , f he never legitimated the children or obtained joint custody, you have sole custody. You don't need papers. For unmarried couples who have children, the mother has sole legal and physical custody unless the court orders otherwise.

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Q: Can I leave the state with my kid if I have full custody and her dad isn't involved?

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

Answered on Aug 19, 2014

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Paula J. Mcgill's answer
If he hasn't legitimated the child, he is not the legal parent. Therefore, you can leave the state without notifying him first. However, Georgia has jurisdiction of all child custody/visitation issues, including legitimation for six months. So, it doesn't stop him from legitimating the child in Georgia after you leave.

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Q: Me and my boyfriend of 11 years want to get married but he owes back child support will I go to jail if doesn't pay ?

1 Answer | Asked in Family Law for Georgia on Aug 16, 2014

Answered on Aug 19, 2014

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Paula J. Mcgill's answer
In short, no. You cannot be held liable if he does not pay child support. Indirectly, of course, you may be held liable. If he doesn't pay child support and winds up in jail, if you don't want your husband to remain there, as his wife, you will pay the support to free him from jail. This is may be true if his license is taken away.

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Q: As a non-custodial parent in GA can my child support obligation be reduced if I lose my job and end up earning less?

1 Answer | Asked in Family Law for Georgia on Aug 18, 2014

Answered on Aug 19, 2014

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Paula J. Mcgill's answer
Depending on the circumstances of your job loss, yes. The judge is likely to ask how you loss your job and what lead you to a job that pays less than what you were making now. You should evidence of your termination, including the termination notice you received for unemployment purposes. If you haven't made yourself voluntarily impoverished, it is likely the request will be granted. The more evidence you have that it is a bona fide decrease in salary through no fault of your own, the more...

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Q: My ex had given me a four day notice of move as opposed to 30 day notice in writing in our divorce decree. He is also

1 Answer | Asked in Family Law for Georgia on Aug 18, 2014

Answered on Aug 19, 2014

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Paula J. Mcgill's answer
You need to file a petition to modify child visitation and/or custody. This needs to be done right away. If possible, schedule an appointment to see a lawyer within the next few days to discuss moving forward as soon. If your daughter opposes the move, she can voice her opinion about changing custody to you. However, an experienced family lawyer will be able to discuss all options with you in an office visit.

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Q: If I'm paying child support & my daughter has gotten pregnant then quite school am I still supposed to pay

1 Answer | Asked in Family Law for Georgia on Aug 19, 2014

Answered on Aug 19, 2014

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Paula J. Mcgill's answer
You are required to pay until the court relieves you through a court order or through the events outlined in the current order.

You can always try to modify or eliminate child support by filing a petition with the court. However, if she isn't emancipated or 18, the court is likely to deny your request.

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Q: Do i need a lawyer to change my child's last name ? Do i need fathers consent?

1 Answer | Asked in Family Law for Georgia on Aug 19, 2014

Answered on Aug 19, 2014

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Paula J. Mcgill's answer
You don't need a lawyer for any matter. If you are going to do it by yourself, there are forms at the county clerk's office to complete regarding the name change and service requirements for the father. If the forms are too confusing, hire a local family law attorney.

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Q: what can i do if the father of my child takes my newborn baby and leaves

1 Answer | Asked in Family Law for Florida on Aug 17, 2014

Answered on Aug 19, 2014

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John Arthur Smitten's answer
You have to file for an emergency pick up order asap.

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Q: If I stoped paying child support can I still get my court ordered visitation

1 Answer | Asked in Family Law for Florida on Aug 17, 2014

Answered on Aug 19, 2014

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John Arthur Smitten's answer
Yes, one has nothing to do with the other but you will look bad in front of the judge.

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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