Questions Answered by John Arthur Smitten

Q: Husband and I going through divorce. We have a child. We come to an agreement. It was signed, notarized and filed at the

2 Answers | Asked in Divorce and Family Law for Florida on Aug 29, 2015

Answered on Aug 30, 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

jsmitten@careyandleisure.com

ph: 727-799-3900

www.careyandleisure.com

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Q: Can I get my husband out of our home if we rent and he is not on the lease?

2 Answers | Asked in Family Law for Florida on Aug 27, 2015

Answered on Aug 27, 2015

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John Arthur Smitten's answer
You have to get an order from the judge.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey, Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

jsmitten@careyandleisure.com

ph: 727-799-3900

www.careyandleisure.com

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Q: If a child quits school does his father still have to pay child support

2 Answers | Asked in Family Law for Florida on Aug 27, 2015

Answered on Aug 27, 2015

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John Arthur Smitten's answer
more information is needed. Generally child support ends.

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Q: My ex-husband and I have joint custody of our 14 year old daughter. My daughter lives with him in Alabama and has been

2 Answers | Asked in Family Law for Florida on Aug 26, 2015

Answered on Aug 27, 2015

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John Arthur Smitten's answer
You have to file a petition to modify in FL, not the child.

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 one of the two children age 15 decision is to come live with me and the other stays age 5 with the mother what to do?

2 Answers | Asked in Family Law for Florida on Aug 27, 2015

Answered on Aug 27, 2015

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John Arthur Smitten's answer
File a petition for modification of the existing 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: Bought a condo with 1/2 my pre-marital funds and the other 1/2 from my dad. How can I save the condo during divorce?

2 Answers | Asked in Divorce for Florida on Aug 26, 2015

Answered on Aug 27, 2015

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John Arthur Smitten's answer
You have to file a request for unequal distribution of the asset at issue.

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: In Florida, what do I do to extend child support after child turns 18, she is disable and in my care indefinitely...

2 Answers | Asked in Family Law for Florida on Aug 26, 2015

Answered on Aug 26, 2015

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John Arthur Smitten's answer
You have to file a motion to extend the child especially if the person is an adult special needs person.

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 father remarried but the dead to the homes has the ex wife and his name on it what can i do to remove a person?

2 Answers | Asked in Real Estate Law for Florida on Aug 25, 2015

Answered on Aug 26, 2015

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John Arthur Smitten's answer
You have to file a case for partition of real property and to quiet the title to the property.

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: In a custody case in Florida is it individual income or household/spouse income that you show

2 Answers | Asked in Family Law for Florida on Aug 25, 2015

Answered on Aug 26, 2015

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John Arthur Smitten's answer
Just use your income only.

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: do you need to put your VA disability benefits on your financial affidavit.

2 Answers | Asked in Family Law for Florida on Aug 24, 2015

Answered on Aug 26, 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: I live in Fl and the father live in Ga he trying to file for joint custody but how will that work I live 9hrs away???

1 Answer | Asked in Family Law for Florida on Aug 24, 2015

Answered on Aug 24, 2015

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John Arthur Smitten's answer
Jurisdiction is the state where the child lives.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey, Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

jsmitten@careyandleisure.com

ph: 727-799-3900

www.careyandleisure.com

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Q: I have been getting child support for 3 children. Two have now reached the age of majority and my ex is seeking a

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

Answered on Aug 21, 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

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone:...

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Q: I have started child support proceeding in the state of Fl. The father lives in TN. Does the custody part stay in FL?

2 Answers | Asked in Family Law for Florida on Aug 19, 2015

Answered on Aug 20, 2015

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John Arthur Smitten's answer
If the child lives in FL then do the custody 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: I signed divorce papers. my income amount in the paper work was wrong. was told the child support will not go thru

2 Answers | Asked in Divorce and Family Law for Florida on Aug 19, 2015

Answered on Aug 20, 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: While i was jail my son father was awarded custody of my 13 year old son how do i get custody now that im out?

2 Answers | Asked in Family Law for Florida on Aug 19, 2015

Answered on Aug 20, 2015

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John Arthur Smitten's answer
File a petition to re-open the case and get before the judge.

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: im paying child support but my son doesnt live with his mother, do i still have to pay

2 Answers | Asked in Family Law for Florida on Aug 17, 2015

Answered on Aug 18, 2015

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John Arthur Smitten's answer
No you do not have to still pay, file a petition for modification.

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: 1. Review your question Q: My spouse was diagnosed with Aspergers. Will I automatically receive full custody of kids

2 Answers | Asked in Criminal Law and Family Law for Florida on Aug 16, 2015

Answered on Aug 18, 2015

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John Arthur Smitten's answer
Nothing is "automatic". File your case for full 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: Went to DHS and said he was the father not married or on birth certificate does he have any rights to take my son?

2 Answers | Asked in Family Law for Florida on Aug 15, 2015

Answered on Aug 16, 2015

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John Arthur Smitten's answer
If not married to you then he has no rights.

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 remove my son's name from my deed. There is no issue and he is fine with signing any papers taking him off deed

2 Answers | Asked in Family Law for Florida on Aug 13, 2015

Answered on Aug 14, 2015

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John Arthur Smitten's answer
Quit claim deed. Has to be recorded with the clerk.

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 »