Questions Answered by John Arthur Smitten

Q: we both not want divorce , so what do we do?

1 Answer | Asked in Divorce and Family Law for Florida on
Answered on May 21, 2016

It only takes one person to get a divorce so if he wants it he will get it.

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: Can either one of the parents see if there's anything pending or processing in the state of Florida

2 Answers | Asked in Public Benefits and Family Law for Florida on
Answered on May 21, 2016

Question not clear.

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: If the father don't abide by what is written in an order do I then have to abide by it as well

2 Answers | Asked in Family Law for Florida on
Answered on May 21, 2016

Yes it is in your interests to abide by the order of the court.

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: Can we suspend visitation if it is not being supervised as court ordered?

2 Answers | Asked in Family Law for Florida on
Answered on May 21, 2016

If the other side is not complying with the order for supervised contact then you can deny the visitation.

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 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
View More »

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
View More »

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
View More »

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
View More »

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
View More »

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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