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Questions Answered by John Arthur Smitten
1 Answer | Asked in Divorce for Florida on
Q: If there is a backlog in alimony payments can I move on with my plans and ignore father's email for visitation?

If there is a backlog in alimony payments can I move on with my plans if the father has visitation for the upcomingthanksgiving?

Fort Lauderdale, FL | a second ago

Situation-

No divorce yet..case is still pending in Florida court

We just had a mediation and we... Read more »

John Arthur Smitten
John Arthur Smitten
answered on Nov 20, 2016

Legally no you cannot do that but people do that all the time.

1 Answer | Asked in Child Support for Florida on
Q: Q: In Florida, by law can the magistrate to make me pay arrears by forcing me to use my credit cards ?

My Ex has filed a motion for contempt and enforcement of failure to pay child support. Last summer I moved from Miami to Orlando when I found a job. Last summer I was placed under income garnishment by the magistrate, and have been garnished (65% of my income)since my move to Orlando, Fl until... Read more »

John Arthur Smitten
John Arthur Smitten
answered on Nov 13, 2016

No thay cannot force you to pay by using a credit card.

1 Answer | Asked in Child Support for Florida on
Q: I have been a stay at home dad for the past 7 years. We split up and now have joint custody will she have to pay CS?

She was the provider. I now still take care of the girls every day. 2 of 3 are in school and I pick them up and drop them off every day. We split nights 50/50 but I am the caregiver in the day for the youngest and when the others get out of school. She gets out of work and picks them up at about 6... Read more »

John Arthur Smitten
John Arthur Smitten
answered on Nov 13, 2016

If the children primarily live with you then yes she has to pay support. You should hire a lawyer to assist you with the case.

1 Answer | Asked in Family Law for Florida on
Q: I make 4000 a month. I'm living with my aunt I have my room and extra room just for him.

I make 4000 a month. I'm living with my aunt I have my room and extra room just for him. . I would like things to be more organized. Idk if that's possible ? Also I want to know when I pay child support I can be guaranteed that the money goes to my son and not to her needs. I am also... Read more »

John Arthur Smitten
John Arthur Smitten
answered on Nov 13, 2016

You should hire a lawyer to assist you with the case.

1 Answer | Asked in Family Law for Alabama on
Q: He filed for modification but we have not been to court yet. Should he pay the ordered amount or can he pay less?

It is also ordered to be withheld and sent to the state, which is also not happening, I think this is because he was fired and has a new job.

John Arthur Smitten
John Arthur Smitten
answered on Nov 13, 2016

He has to pay the ordered amount, if he pays less he could be held in contempt of court. You should hire a lawyer to assist you with the case.

1 Answer | Asked in Divorce for Florida on
Q: can ex husband be put in jail for not complying with divorce judgement? He refuses to sign to have half 401k released.

In judgment half was supposed to be hiven and he has to sign papers to turn in to his HR department to get check isn't this contempt?

John Arthur Smitten
John Arthur Smitten
answered on Oct 23, 2016

You have to file a motion for contempt/enforcement. Hire a lawyer to help you.

1 Answer | Asked in Family Law for Florida on
Q: how can I get her to leave me alone

my ex wife will not leave me alone. We have been to court, I have 50/50 child sharing, I cover all insurance, and I pay half of expenses. She never brough the kids to doctors or dentists until I was ordered to pay half the bill that insurance didn't pay. I have been blessed out by her mother,... Read more »

John Arthur Smitten
John Arthur Smitten
answered on Oct 23, 2016

Hire a lawyer to help you.

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Q: How to get exboyfriend to move out?

Exboyfriend lives in my house (florida) since two years we are not together since one and a half years he hasn't paid rent or any bills ever. he says he has squat rights and I can't throw him out . What are my rights ?

John Arthur Smitten
John Arthur Smitten
answered on Oct 23, 2016

File an eviction case. Hire a lawyer to help you.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Can a adopted parent sign over temporary custody to the bio mother who lost custody 8yrs ago?
John Arthur Smitten
John Arthur Smitten
answered on Oct 18, 2016

Yes, you need a court order. You should hire a lawyer to represent you in the case.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: Father of 3 ur old has not seen child in 9 months, just filed petition for visitation. He is a registered sex offender

His sex offender charge was 800.04 lewd and luscious sexual battery on minor under the age of 15 . I am seeking supervised visitation, also I do not think mediation is going to go smooth due to what I seek and his past. But wanted to know if this kind of case ends up with us having a guardian ad... Read more »

John Arthur Smitten
John Arthur Smitten
answered on Oct 18, 2016

He actually is entitled to see the child(ren) but in this case it should be at a visitation center only. You should hire a lawyer to represent you in the case.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Florida on
Q: Me and my ex were unmarried and she moved from fl to pr with our newborn w/o my consent. How can i get get my baby back
John Arthur Smitten
John Arthur Smitten
answered on Oct 9, 2016

If your ex has not been gone for more than 6 months then file a case in FL asap. You should hire a lawyer to assist you with the case.

1 Answer | Asked in Divorce for Florida on
Q: I put my husband through graduate school. Do I get paid back for that now that we're getting divorced?
John Arthur Smitten
John Arthur Smitten
answered on Oct 9, 2016

No, but you can make an alimony claim. You should hire a lawyer to assist you with the case.

1 Answer | Asked in Divorce for Florida on
Q: Am a disabled vet -- will my VA check be reduced if I get divorced -

- will the government send the money instead to my ex as support?

John Arthur Smitten
John Arthur Smitten
answered on Oct 9, 2016

Your check is yours however your ex could make an alimony claim. You should hire a lawyer to assist you with the case.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: Can child support still be established if it says neither desires it on our agreement?

On our final Marital Settlement Agreement, under "Child Support" it states "Because the time-sharing schedule contemplated allows for nearly equal time, and given the limited financial resources of the parties, neither parent desires child support to be established."

Is... Read more »

John Arthur Smitten
John Arthur Smitten
answered on Oct 3, 2016

By law the court has to establish it.

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1 Answer | Asked in Child Custody for Florida on
Q: sons father&I moved from Ny to Fl we have a custody agreement in NY If I wanted to move back with son would still stand

We have joint custody in New York. Things in Florida are not working and I won't leave without my son. I plan to go back to New York but he says if I leave with our son it's kidnapping. I've done some research but I always found that the state the agreement was in still stands

John Arthur Smitten
John Arthur Smitten
answered on Sep 25, 2016

If there is no Order that supersedes the NY order then the NY order still stands.

1 Answer | Asked in Divorce for Florida on
Q: Part of my divorce agreement stipulated that my ex pay for our child's college with me

-- he's now lost his job. My kid has one year left. Can I go after him to pay his share of the fees even after my son has graduated?

John Arthur Smitten
John Arthur Smitten
answered on Sep 25, 2016

If it is a court order, then you can enforce it. You should hire a lawyer to represent you in the case.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Can I take my child out of state or the county. With out other parents permission or can he?

We have no agreement with a judge I want to visit family out of state and he says I can be arrested for taking her across county lines we have child support he pays it every week but no custody agreement. He says if I take her he will also so can we do this with out geting in trouble.

John Arthur Smitten
John Arthur Smitten
answered on Sep 25, 2016

You have to get a court order to relocate greater than 50 miles. You should hire a lawyer to represent you in the case.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can I keep my kids out of school for 4 days My wife is cheat I left her took kids Did not want her to run with them

Appt with lawyer fri

John Arthur Smitten
John Arthur Smitten
answered on Sep 25, 2016

Do not keep them out of school. File for divorce asap. You should hire a lawyer to represent you in the case.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: im going through a divorce and my baby daddy/ ex husband wants to take our son to his gf family reunion and hasnt even

helped me out with me since we split up do i have to let my son go with him?

John Arthur Smitten
John Arthur Smitten
answered on Sep 25, 2016

You should file for divorce and get a custody order in your favor. You should hire a lawyer to represent you in the case.

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: What happens when dcf asks you to take a drug test and you don't go

Hi Dcf came to my house early in the morning woke me out of my sleep. They had received a complaint about domestic violence in the home with my boyfriend/sons father as the abuser never towards our son just towards me. I have a panic anxiety disorder and being half a sleep they tricked me into... Read more »

John Arthur Smitten
John Arthur Smitten
answered on Sep 25, 2016

Unless they have some type of warrant or court order then you are not under any duty to comply. You should hire a lawyer to represent you in the case.

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