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Questions Answered by John Arthur Smitten
1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can I still obtain alimony after a divorce from 8 years ago?

I live in Florida and was divorced 8 years ago. Alimony was never a subject. I have never remarried and have been struggling financially ever since. Can I still qualify for alimony?

John Arthur Smitten
John Arthur Smitten answered on Feb 10, 2017

no

1 Answer | Asked in Family Law and Child Support for Florida on
Q: How to do Child Support Guidelines worksheet if both parents are unemployed & full time students living off stud loans?
John Arthur Smitten
John Arthur Smitten answered on Feb 10, 2017

Imputed income for both parents. At least minimum wage.

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: I filed a DV Injunction against my ex. He's avoided being served. Is it a violation of it for him to move out of state?

The DVI is in Florida. I am told by a relative he did notify the courts he was moving but the Sheriffs tell me they don't know where he is. We had court this morning. He was a no-show. The DVI got extended.

John Arthur Smitten
John Arthur Smitten answered on Feb 10, 2017

It is not a violation if he moves.

1 Answer | Asked in Family Law, Civil Litigation, Elder Law and Probate for Florida on
Q: What happens if I move states in the middle of a civil Guardianship case where Im ordered to account for "stolen" money?

An emergency temporary guardian has been appointed. I am accused of stealing money. It is impossible to provide "receipts" for funds used, as the money was given to me willingly.

John Arthur Smitten
John Arthur Smitten answered on Feb 5, 2017

You should hire a lawyer to represent you in the case.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: MY SON IS 16 AND KNOCKED UP HIS GF AND THE MOTHER IS SIGNING THE PERMISSION FOR HIM TO GET MARRIED. DO I STILL PAY C.S.

AND IF NOT, DO I JUST STOP PAYING HALF SINCE HIS BROTHER IS STILL THERE. BY THE WAY THE SON AND GF WILL BE LIVING WITH ME

John Arthur Smitten
John Arthur Smitten answered on Feb 5, 2017

You have to file a motion to stop the child support. You should hire a lawyer to represent you in the case.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: What if kids father refusing to respond to mail and works under the table and under associates ssn to avoid paying
John Arthur Smitten
John Arthur Smitten answered on Jan 28, 2017

You should hire a lawyer to represent you in the case. A lawyer can gather the evidence you need.

1 Answer | Asked in Family Law for Florida on
Q: If I pay purge for contempt after turning myself in, will I be realeased?

missed a court date and have a warrant for contempt which pertained to child support. My purge is $750, if I turn myself in, go to court the next day and pay the purge then should I be a released. Florida is the state.

John Arthur Smitten
John Arthur Smitten answered on Jan 28, 2017

Make sure you pay the sheriff office, not the clerk.

1 Answer | Asked in Family Law for Florida on
Q: How does a father who currently has the children while the mother is in and out of jail and basically has abadonded the

Kids he just wants to get legal documentation that he has the kuds in his custody

John Arthur Smitten
John Arthur Smitten answered on Jan 28, 2017

You should hire a lawyer to represent you in the case.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: If i share split custody but the other parent wont give me my time with the child what can i do about that?

In our divorce agreement, our custody situation says that we both have 50/50 custody. well i moved to the state of florida and the other parent refuses to give me anytime with my child, although i have offered numerous times to have all exspenses paid for my child to come here and go back to the... Read more »

John Arthur Smitten
John Arthur Smitten answered on Jan 28, 2017

File a petition for contempt/enforcement. You should hire a lawyer to represent you in the case.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Is there a motion I can file to have my children placed back in my care and out of DCF custody?
John Arthur Smitten
John Arthur Smitten answered on Jan 28, 2017

Petition for return of the child. You should hire a lawyer to represent you in the case.

1 Answer | Asked in Family Law for Florida on
Q: In Florida. If we already have an agreement with the state for childcare to be split 70/30. Is aftercare included?

If we already have an agreement with the state that childcare expenses are split 70/30. Does this include after and before care?

Our parenting plan states that extracurricular activities are split 70/30, but need to be agreed upon. Is aftercare considered extracaricular?

John Arthur Smitten
John Arthur Smitten answered on Jan 28, 2017

It shall be a 70/30 split.

1 Answer | Asked in Divorce, Family Law and Health Care Law for Florida on
Q: Can my spouse drop me from his health insurance plan without informing me. Is this legal?

We are separated but he hasn't filed for divorce yet. We live in Florida, and have health problems, no access to other insurance options, and discovered that that he dropped my coverage entirely by accident while in the hospital. Can he legally do this?

John Arthur Smitten
John Arthur Smitten answered on Jan 28, 2017

He is prohibited by law from doing that. You should hire a lawyer to represent you in the case.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: I have been seperated from my husband for 15 years. We have a 16 yr old son. My son was staying with him until December

19 2016. Now my son stays with me. In another county. I was paying child support. What do i do now? It was a verbal agreement between us. My son is enrolled in school...etc. I stay in Florida.

John Arthur Smitten
John Arthur Smitten answered on Jan 22, 2017

File a petition with the court for custody of the child

1 Answer | Asked in Child Support and Family Law for Florida on
Q: My daughter is 17, is it too late for me to apply for child support?

I applied for child support years ago when she was like 2 or 3 years old but the support was denied because her father was sentence to 15 years in prison and Department of Children and Families stated that they cannot give me support if he's in prison more than half the child's life. He was... Read more »

John Arthur Smitten
John Arthur Smitten answered on Jan 22, 2017

You can still apply for child support.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: married may 2 2015. not together since May 30 2015. Currently pregnant by someone else trying to get divorce,can I?

Husband was Baker acted domestic Violence May 30 2015. Incarcerated on other charges including violation of domestic violence injuction burglery possession of stolen property and domestic violence by strangulation on someone else just released 1/12/2017. During this time I lost a child August 2015.... Read more »

John Arthur Smitten
John Arthur Smitten answered on Jan 22, 2017

Yes you should get the divorce asap and before the child is born. You should hire a lawyer to represent you in the case.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: If the courts are petitioned on the same dates for the same custody case?

I am petitioning him for custody in FL today where I have just moved on January 12 2017 to my grandparents in FL because of a domestic violence situation. An EOP was granted to me until January 18th at 3 o'clock when I didn't appear in court due to the fact I moved, the EOP was dropped. He is going... Read more »

John Arthur Smitten
John Arthur Smitten answered on Jan 22, 2017

Illinois is where the case will be heard.

1 Answer | Asked in Child Custody for Florida on
Q: Does Dependency Ruling over rule (trump) Family court? If so for how long?

Recently won dependency case granted Sole custody with the mom only having third party supervised visits. Was advised that dependency case would trump family court for some time. How ever it seems just only one week after ruling the mother and lawyer are now starting to prepare family court case.... Read more »

John Arthur Smitten
John Arthur Smitten answered on Jan 22, 2017

Dependency Court will override family court so long as that case is open.

1 Answer | Asked in Family Law and Juvenile Law for Florida on
Q: She can't have a job to support her and her baby.What are her rights for emancipation?without court papers and marriage?

My friend is 16 and pregnant and how is living for her and her newborn is not good. I was speaking to her she doesnt have a room for her and her baby. Her mom is putting her in the living room with her baby. She can't have a job to support her and her baby. What are her rights for emancipation? Her... Read more »

John Arthur Smitten
John Arthur Smitten answered on Jan 22, 2017

She has no recourse until she is 18.

1 Answer | Asked in Child Custody for Florida on
Q: I'm the single father in OK with a daughter in FL. She came and visited for the holidays, but now is back home in FL.

She is 13 Years old. Her mother and step father is out of rehab and back at the house. My daughters grades have gotten worse and attitude has changed big time. Ms. Tracht, what do you suggest? Should I wait and see if they get it together? I have called her schools Guidance Couselor and left a... Read more »

John Arthur Smitten
John Arthur Smitten answered on Jan 16, 2017

If you want to go for custody then file the case in FL.

2 Answers | Asked in Domestic Violence and Child Custody for Florida on
Q: What will happen if 1 year old & I leave abusive father?

Been with babys father for 3 years. He has been abusive to me in front of my child & now that I want to seperate what will happen? Ive lived with him for 2 years & he has not let me have a job and demands all the babys belongings(crib, carseat, etc...) will stay at his house. I plan on moving to my... Read more »

John Arthur Smitten
John Arthur Smitten answered on Jan 16, 2017

File for a restraining order and for full custody asap. Retain a lawyer.

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