Questions Answered by John Arthur Smitten

Q: Can a judge order or ask lawyer to write his finale judgement in a paternity case when only one person has lawyer?

2 Answers | Asked in Family Law for Florida on
Answered on Apr 23, 2016

A judge will either write the judgment himself/herself or ask one of the lawyers to do it, either way the judge has to sign off on the final product,
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Q: Is a man getting a divorce responsible for child support for a child that is not his?

1 Answer | Asked in Divorce for Florida on
Answered on Mar 6, 2016

If he wants to get out of paying support he has to file a petition to dis-establish paternity.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey, Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

(727) 799-3900

jsmitten@careyandleisure.com
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Q: My child support is not court ordered. Is there a cut off age to where the patent can't file for court ordered payments?

1 Answer | Asked in Family Law for Florida on
Answered on Mar 6, 2016

Support is retroactice 2 years from the date a person files for support.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey, Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

(727) 799-3900

jsmitten@careyandleisure.com
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Q: In Florida, am i required to pay more than the court ordered amount in child support?

1 Answer | Asked in Family Law for Florida on
Answered on Mar 6, 2016

Only pay what the order says

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey, Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

(727) 799-3900

jsmitten@careyandleisure.com
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Q: in the state of florida, can you ask for a divorce without asking for child support?

1 Answer | Asked in Divorce and Family Law for Florida on
Answered on Feb 26, 2016

yes.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey, Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

(727) 799-3900

jsmitten@careyandleisure.com
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Q: Is it legal for my ex wife to stop my fiancé from being around my kids? I have standard Florida visitation with my kids

1 Answer | Asked in Family Law for Florida on
Answered on Feb 26, 2016

Your ex cannot dictate your life unless there is some affect on your children.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey, Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

(727) 799-3900

jsmitten@careyandleisure.com
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Q: What are the laws in florida for moving a child out of state and no paternity test was done? Do i need his permission?

1 Answer | Asked in Family Law for Florida on
Answered on Feb 26, 2016

If not married to the child's father and no orders in place then you can move.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey, Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

(727) 799-3900

jsmitten@careyandleisure.com
View More »

Q: cant legally work in the USA and I am going through a divorce my husband is trying for custody what about child support

1 Answer | Asked in Divorce and Family Law for Florida on
Answered on Feb 26, 2016

File for divorce in FL and go for child support.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey, Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

(727) 799-3900

jsmitten@careyandleisure.com
View More »

Q: i gave my mother temporary custody of my children and now i want them back. what do i do? where do i start ?

1 Answer | Asked in Family Law for Florida on
Answered on Feb 26, 2016

You have to file a petition with the court to reinstate your parental rights.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey, Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

(727) 799-3900

jsmitten@careyandleisure.com
View More »

Q: Child support end date

1 Answer | Asked in Family Law for Florida on
Answered on Feb 26, 2016

The emancipation date is 18 unless you file a motion to extend the date. Latest you can go is age 19 so long as the child is on track to graduate.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey, Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

(727) 799-3900

jsmitten@careyandleisure.com
View More »

Q: My ex girlfriend is pregnant and I'm afraid she gives the child her last name.

1 Answer | Asked in Family Law for Florida on
Answered on Feb 26, 2016

Yes, you have to file a petition to change the name and to establish you parental rights.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey, Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

(727) 799-3900

jsmitten@careyandleisure.com
View More »

Q: Can I file a restraining order for my child against her father of we have a temporary standing order?

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Answered on Feb 26, 2016

If you want immediate action then contact DCF.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey, Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

(727) 799-3900

jsmitten@careyandleisure.com
View More »

Q: wife owes $120,000 (loans), I owe 6K. House worth $265K, we owe $130K. she keeps hous, but pays me my part 7K, less 60K.

1 Answer | Asked in Divorce for Florida on
Answered on Jan 31, 2016

Lots of issues here, you should consult with a lawyer
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Q: I want a divorce. My husband is serving a 17 year prison sentence for molestation. Can anyone help?

1 Answer | Asked in Divorce for Florida on
Answered on Jan 31, 2016

Yes, hire an attorney.
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Q: Does a 15 year old have a say on parent visits in Florida?

1 Answer | Asked in Divorce for Florida on
Answered on Jan 31, 2016

The court will consider the childs preference, yes.
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Q: I purchased a home with my ex, put it under her name her credit was better. I put forth the funds for purchase.

1 Answer | Asked in Real Estate Law and Family Law for Florida on
Answered on Jan 31, 2016

You have to file an action for partition if you want to have the Court order it be sold.
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Q: I pay child support but she won't let me see my son. What do I need to do?

1 Answer | Asked in Family Law for Florida on
Answered on Jan 31, 2016

You have to go to court and get an order. You have rights.
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Q: What are the possibilities of a mother gaining sole custody of their child if the father is homeless?

1 Answer | Asked in Family Law for Florida on
Answered on Jan 31, 2016

Your chances are excellent if he has no home.
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Q: My daughter is 20 years but her condition and paper say that is like 10, can I do anything in court to have her custody.

1 Answer | Asked in Family Law for Florida on
Answered on Jan 31, 2016

If the person is a special needs person then you will still have to pay support.
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Q: Can someone tell how long a child support case last through FL Childsupport Enforcement?

1 Answer | Asked in Family Law and Immigration Law for Florida on
Answered on Jan 31, 2016

3-6 months, most of it is waiting around for the court to set the hearing.
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