Florida Questions & Answers

Q: My son is 2 . His father denies him & has never seen him in the 2 yrs. I need help but do not trust him with visitation.

1 Answer | Asked in Family Law for Florida on Jul 23, 2014

Answered on Jul 24, 2014

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John Arthur Smitten's answer
He will get standard visitation unless you prove he should have supervised visits. Use of a lawyer is recommended in this case.

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Q: Can I take my children and move within the state without my husband's permission?

1 Answer | Asked in Family Law for Florida on Jul 23, 2014

Answered on Jul 24, 2014

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John Arthur Smitten's answer
You have to get a court order to relocate. Use of a lawyer is recommended in this case.

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Q: I have a judgement to receive child support in Florida starting Sept 1 2014, what happens when the father doesn't pay?

1 Answer | Asked in Family Law for Florida on Jul 21, 2014

Answered on Jul 23, 2014

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Nancy Adkins' answer
Move immediately to have the order enforced. You may be able to recover attorney fees for the necessity of having to file this motion.

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Q: Can I called to cancel back child support on my kids farther. Cause he has other kids that he is trying toe help

1 Answer | Asked in Family Law for Florida on Jul 21, 2014

Answered on Jul 23, 2014

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Nancy Adkins' answer
If you are the mother and you want to waive back support, you can. PLEASE think about what you are doing, because once you waive, you CANNOT get them back and you yourself may need that money at some point. Best of luck to you

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Q: At what age can the child decide for themselves with which parent they want to reside

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

Answered on Jul 23, 2014

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Nancy Adkins' answer
Usually, a court will consider a child's opinion starting at the age of fourteen. If you are not in court, the child can decide for themselves when they turn eighteen under Florida law.

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Q: If my ex is behind on child support, they file taxes and get a refund, will I get back child support first.

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

Answered on Jul 23, 2014

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John Arthur Smitten's answer
You should get the IRS tax intercept, yes. Use of a lawyer is recommended in your case.

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Q: My daughter is in the middle of a divorce.

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

Answered on Jul 23, 2014

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John Arthur Smitten's answer
The business is a marital asset and needs to be valuated and divided. Use of a lawyer is recommended in your case.

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Q: I'm engaged,need to move out of state with 11 yr old. I'm the custodial parent. Father has arrears & perm restrain order

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

Answered on Jul 23, 2014

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John Arthur Smitten's answer
You have to get a court order to move. Use of a lawyer is recommended in your case.

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Q: My wife filed for dissolution of marriage and I received noticed, what do I do now?

1 Answer | Asked in Divorce for Florida on Jul 19, 2014

Answered on Jul 23, 2014

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John Arthur Smitten's answer
You need to hire a lawyer or at least consult with one asap.

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Q: Her financed vehicle is actually in my name. I am listed as the "buyer" and she's the cobuyer. Is it mine?

1 Answer | Asked in Divorce for Florida on Jul 22, 2014

Answered on Jul 23, 2014

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John Arthur Smitten's answer
They are both 50/50 each party. You should hire a lawyer to represent you.

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Q: A real estate and prop. co. quit handling my home .If is sold now would they get a comm.

1 Answer | Asked in Real Estate Law for Florida on Jul 19, 2014

Answered on Jul 19, 2014

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Charles Snyderman's answer
Assuming you had a listing agreement with a realtor, a lawyer would have to read that document to give you an answer.

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Q: I was granted temp cust 4 years ago of my son, his mother has only visitd 8 times, can I strip her rights

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

Answered on Jul 16, 2014

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John Arthur Smitten's answer
yes, you have to file a petition for termination of parental rights. Use of a lawyer is recommended.

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Q: I just found out I have a child by another woman, and that woman give that child to someone else. What can I do

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

Answered on Jul 16, 2014

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John Arthur Smitten's answer
You have to file a court case to assert your parental rights asap. Use of a lawyer is recommended.

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Q: Ex has a support order for our 2 sons, he has previous cases against him for 5 other children & they get more, why?

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

Answered on Jul 16, 2014

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John Arthur Smitten's answer
Nothing you can do. The court is not repeat not going to open all the other cases, you are last in line you get the least.

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Q: Landlord has not paid the mortgage on the house I rent. What are my rights as a tenant?

1 Answer | Asked in Landlord - Tenant for Florida on Jul 14, 2014

Answered on Jul 15, 2014

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Sabina Tomshinsky's answer
You should continue to pay rent or risk being evicted for nonpayment of rent. You should also be aware of Protecting Tenants at Foreclosure Act of 2009. This Act extends additional protections for tenants in foreclosed properties.

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Q: If I Married in Colombia , Can I divorce in the USA?

1 Answer | Asked in Divorce for Florida on Jan 29, 2014

Answered on Jul 15, 2014

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Sabina Tomshinsky's answer
As long as you have lived in Florida for at least 6 months before filing, then you can file for divorce and proceed with your dissolution of marriage action under Florida law.

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Q: If I inherited money and decide to get a divorce does he get part of the inheritance

1 Answer | Asked in Divorce for Florida on Feb 26, 2014

Answered on Jul 15, 2014

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Sabina Tomshinsky's answer
Generally not unless you commingled the inherited funds with the marital assets.

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Q: Our selling agent has asked us if the buyers can store their belongings in the garage a week before closing.Is this ok

1 Answer | Asked in Real Estate Law for Florida on Jul 12, 2014

Answered on Jul 13, 2014

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Charles Snyderman's answer
I always recommend against it. There is no benefit to you, so why do it?

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Q: How to get child support changed? My grandson lives with his father but state is collecting child support from him.

1 Answer | Asked in Family Law for Florida on Jul 11, 2014

Answered on Jul 13, 2014

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John Arthur Smitten's answer
You have to petition the court to change the Order, Use of a lawyer is recommended in your case.

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Q: Hi iam needing some answers ..i already get child support from my 2 boys father we are not married and he sees them once

1 Answer | Asked in Family Law for Florida on Jul 11, 2014

Answered on Jul 13, 2014

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John Arthur Smitten's answer
You have to petition the Court to relocate to Brazil and get a Court Order. Use of a lawyer is recommended in your case.

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