Questions Answered by John Arthur Smitten

Q: If my mother has temporary custody of my children, what forms need to be submitted to courts for me to regain custod?

1 Answer | Asked in Family Law for Florida on Apr 20, 2015

Answered on Apr 20, 2015

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John Arthur Smitten's answer
You have to file a motion to reinstate custody.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: Who puts a father on child support in florida

1 Answer | Asked in Family Law for Florida on Apr 17, 2015

Answered on Apr 19, 2015

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John Arthur Smitten's answer
If a guy is the father of a child and you want support then use Dept of Revenue of use a private attorney.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: I filed for support in 2004 the state closed my case because he was on SSD now he's working can I get back pay

1 Answer | Asked in Family Law for Florida on Apr 17, 2015

Answered on Apr 19, 2015

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John Arthur Smitten's answer
No. Only from when the case is re-opened.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: I am about to retire. How will that affect my child support payments?

1 Answer | Asked in Family Law for Florida on Apr 18, 2015

Answered on Apr 19, 2015

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John Arthur Smitten's answer
If you retire and make less then you are entitled to a reduction of support.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: as a father how do I go about getting my child's last name changed to mine and can I request to be put on the birth cert

2 Answers | Asked in Family Law for Florida on Apr 16, 2015

Answered on Apr 19, 2015

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John Arthur Smitten's answer
If you want to establish your parental rights then you have to file a case with the Court.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: Lived in Vegas, married wife there in 2013. 4 mos. later she left 4 another man. I'm now in Fl. Can I divorce her here?

2 Answers | Asked in Divorce for Florida on Apr 15, 2015

Answered on Apr 19, 2015

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John Arthur Smitten's answer
Yes you can file your case here in FL

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: I am going to school at nights and need to change time schedule, can father get additional visitation

1 Answer | Asked in Family Law for Florida on Apr 14, 2015

Answered on Apr 15, 2015

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John Arthur Smitten's answer
If you are at school and the father is around he will get the child vs a babysitter.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: What is the process or which is better to either adopt or become guardian of my sister?

1 Answer | Asked in Family Law for Florida on Apr 14, 2015

Answered on Apr 15, 2015

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John Arthur Smitten's answer
Better to do a petition for custody by a relative.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: My ex and I split two years ago. For the first 18months I paid 620 in daycare. The last 4 months he's paid 580z he's now

2 Answers | Asked in Family Law for Florida on Apr 11, 2015

Answered on Apr 15, 2015

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John Arthur Smitten's answer
Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: How much % of commission can child support. take if I am already. paying towards my back pay

2 Answers | Asked in Family Law for Florida on Apr 9, 2015

Answered on Apr 12, 2015

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John Arthur Smitten's answer
Most they can garnish in addition to the current support is 20% of the monthly payment.

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: can I have my husband adopt my child if her father is not paying child support nor have not been in her life.

2 Answers | Asked in Family Law for Florida on Apr 9, 2015

Answered on Apr 12, 2015

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John Arthur Smitten's answer
Yes, you can both file a petition for-step parent adoption.

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: my one son has downs syndrome.am I legally required to pay child support after he turns 18?

2 Answers | Asked in Family Law for Florida on Apr 9, 2015

Answered on Apr 12, 2015

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John Arthur Smitten's answer
If the child is an adult special needs child then you are on the hook for support for the life of the child.

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: can grandparents with temporary custody leave the state of Florida without permission from the parent and/ or the judge

2 Answers | Asked in Child Custody for Florida on Apr 8, 2015

Answered on Apr 9, 2015

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John Arthur Smitten's answer
No. They need a court order.

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: My son was born in tn. Moved to fl with the father and he's turning out to be a drunk. Verbally abusive etc I want to

2 Answers | Asked in Family Law for Florida on Apr 8, 2015

Answered on Apr 9, 2015

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John Arthur Smitten's answer
If the son lives in FL then file the case in FL.

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: What if I've been paying child support, but now want a paternity test and find out child is not mine. What r my rights

2 Answers | Asked in Family Law for Florida on Apr 8, 2015

Answered on Apr 9, 2015

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John Arthur Smitten's answer
You have to file a petition to dis-establish paternity.

Act now.

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: how do I go about getting money that child support is holding after a case was closed?

1 Answer | Asked in Family Law for Florida on Apr 6, 2015

Answered on Apr 7, 2015

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John Arthur Smitten's answer
You have to file a motion with the court and obtain an Order.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: I have my ex girlfriends son in my care how do I get guardianship of the child even though we broke up

1 Answer | Asked in Family Law for Florida on Apr 6, 2015

Answered on Apr 7, 2015

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John Arthur Smitten's answer
You have to get a court order.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: What will happen to my daughter when my ex-wife gets deported?

1 Answer | Asked in Family Law for Florida on Apr 6, 2015

Answered on Apr 7, 2015

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John Arthur Smitten's answer
You will get custody. Make sure you get a court order that says so.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: I have been married for almost nine years, my husband makes over 80,000 a year. Do I get alimony?

2 Answers | Asked in Family Law for Florida on Apr 6, 2015

Answered on Apr 7, 2015

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John Arthur Smitten's answer
Most likely yes. Each case is different. Alimony is based on need, ability to pay, length of the marriage.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

Answer this Question View More »