Questions Answered by John Arthur Smitten

Q: if a parent who has 50/50 custody stops working and now wants child support. What can I do?

1 Answer | Asked in Family Law for Florida on Jun 22, 2015

Answered on Jun 24, 2015

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John Arthur Smitten's answer
The order will remain the same until it is changed by a judge. Not likely you will have to pay him any child 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: Atty tells me if I can't pay whole amt just to pay something for CS and mom can't do anything. Is this true?

1 Answer | Asked in Family Law for Florida on Jun 22, 2015

Answered on Jun 24, 2015

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John Arthur Smitten's answer
Paying zero will hurt you, paying what you can is recommended if you are short.

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Q: Who do i call to see who really have custody rights to my child

1 Answer | Asked in Family Law for Florida on Jun 22, 2015

Answered on Jun 24, 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: Can a father be placed back on child support if he was taken off a few years ago? Florida state

1 Answer | Asked in Family Law for Florida on Jun 23, 2015

Answered on Jun 24, 2015

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John Arthur Smitten's answer
yes.

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: If a father has temporary custody and dies shouldnt my son go right back to me? The grandparents are withholding my 8 yr

1 Answer | Asked in Family Law for Florida on Jun 23, 2015

Answered on Jun 24, 2015

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John Arthur Smitten's answer
If you are the mother then yes you should automatically get the child in 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: if my child support has stopped I still have to pay my arrears. how much would the child support enforcement take out

1 Answer | Asked in Family Law for Florida on Jun 23, 2015

Answered on Jun 24, 2015

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John Arthur Smitten's answer
They will take out the same amount unless you file a motion to have the amount be less.

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 son is 17. lives with me. His mother insists on forcing him to be with her, we live in florida.

1 Answer | Asked in Family Law for Florida on Jun 23, 2015

Answered on Jun 24, 2015

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John Arthur Smitten's answer
If you have a court order then the child stays with you.

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 got married in Colombia, but I live in Florida. If I get divorced in my country, will it be valid in Florida too?

1 Answer | Asked in Divorce for Florida on Jun 22, 2015

Answered on Jun 23, 2015

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John Arthur Smitten's answer
Yes. Maybe you should just file the case 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: If I have a case, hasn't been to court, paternity has not been established.weren't married.can I leave the state?

1 Answer | Asked in Family Law for Florida on Jun 21, 2015

Answered on Jun 23, 2015

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John Arthur Smitten's answer
You cannot move because there is an open case. You have to wait until it is resolved.

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 husband pays child support every month, but the mom of his child has an unemployed man living there. What can we do?

1 Answer | Asked in Family Law for Florida on Jun 21, 2015

Answered on Jun 23, 2015

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John Arthur Smitten's answer
You cannot do anything about the boyfriend. If she is not following the custody order then file a motion for contempt/enforcement.

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 16 year old daughter is about to have a baby. Do I still have to pay child support on her if she has a baby her self?

1 Answer | Asked in Family Law for Florida on Jun 22, 2015

Answered on Jun 23, 2015

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John Arthur Smitten's answer
You still have to pay until she turns 18.

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 do I defend myself against lies and insults about me in written family court ruling. Can I submit a declaration.

1 Answer | Asked in Family Law for Florida on Jun 22, 2015

Answered on Jun 23, 2015

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John Arthur Smitten's answer
If you are not going to appeal then you have no recourse.

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: Wat do ihave to do to get custody of my grandbaby the mother is strung out on herion and i will not let her take her

2 Answers | Asked in Family Law for Florida on Jun 20, 2015

Answered on Jun 23, 2015

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John Arthur Smitten's answer
You have to file a petition for custody by a relative also.

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 r the child support laws when both parents are illegal but the baby was born in the us ?

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

Answered on Jun 18, 2015

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John Arthur Smitten's answer
Child support still has to be paid

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 much child support I will get if my childs father makes 50million a year

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

Answered on Jun 18, 2015

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John Arthur Smitten's answer
It is still based on child support guidelines.

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 a 14 and 16yr old talk to a judge about timeshare modification? Whats the next step.

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

Answered on Jun 18, 2015

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John Arthur Smitten's answer
Children typically are not allowed to testify, but can through a guardian ad litem or psychologist.

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 kids are comung to see me for the summer do I have to send them back to their mother we are still legally married

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

Answered on Jun 18, 2015

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John Arthur Smitten's answer
If there is no court order in place then technically yes, but you should get an order from the court.

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

Answer this Question View More »