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He starts a new job on 11/16. Since I knew the employer's name I gave my attorney that information. His first paycheck is 12/4. Will the court enter a garnishment for the full amount I'm due by then? Is there anything he'll be able to do to block me, short of quitting his job?
answered on Nov 27, 2015
The garnishment should go through if done correctly.
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
She was in an abusive marriage the past two years but died last week in a car wreck. My brother is 11 now and I have him now but need help on how to get permanent guardianship so he will not have to be scared of him.
answered on Nov 27, 2015
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
answered on Nov 27, 2015
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
The mother of my child lives in my home, which I own. We have a baby out of wedlock. The child is mine, 100% sure of it. We wanted to marry but the relationship has soured to no resolve. I want to separate from her, but she has nowhere to go as she's living in the US on an expired visitor... View More 
answered on Nov 27, 2015
Don't assume "the bias of FL law". Go 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
(727) 799-3900
jsmitten@careyandleisure.com
I signed an agreement during mediation, after i sgned it i realized it wasn't in the best interest of my kids. I want the Judge to hear my case and make a decision. Is that still an option or is it too late since i signed the agreement plan. If yes, what kind of paperwork do i need to file?... View More
answered on Nov 27, 2015
You have to file a motion to set aside the agreement.
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
My ex husband is in major delinquency of his child support and my son is approaching 18. I'm wondering if I need to hire an attorney or will the state stay on top of him until his response abilities are satisfied?
answered on Nov 27, 2015
He should have to continue to pay at the same amount per month.
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
answered on Nov 27, 2015
You need to file for divorce/custody asap.
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
My daughters father is filing for visititation rights and i just moved out of the state. Will i have to move back?
I lived with my daughters father for 2 years and we broke up so i moved out and decided to move to another state and now he wants to see her and told me that Michigan will... View More
answered on Nov 27, 2015
The court can make you move back, 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
Ex's father has essentially taken control of child support/custody and I want it between myself and exwife alone.
I live in Kentucky
answered on Nov 21, 2015
File a motion to reduce arrears payments.
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
My wife is still working and earns in excess of $100,000 per year
answered on Nov 21, 2015
She may be able to make a claim for alimony.
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
I do not have a child support order yet, I have only filled out the paperwork provided and returned it back to the DOR. It is the annual enrollment time for my health insurance through my employer. My son was not on my health insurance at the time of filling out the paperwork for the DOR.
answered on Nov 15, 2015
better insurance, better cost. yes.
John A. Smitten, Esquire
Carey, Leisure and Neal
622 Bypass Drive, Suite 100
Clearwater, FL 33764
(727) 799-3900
jsmitten@careyandleisure.com
answered on Nov 15, 2015
Yes they can do that, unless you file a motion to unfreeze the account.
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
They had my wrong address but when I received the recommendations from the general magistrate they said I am to have no contact with my child but I don't know why...please help!
answered on Nov 15, 2015
You have to file a motion for rehearing asap.
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
She has been separated from her husband for about 13 or so years. There are two minor children ages 17 and 16. The father's parents have guardianship of the children. They both have agreed to an uncontested divorce. She may have weeks to live and she may have months. Is there any way... View More
answered on Nov 15, 2015
Hire a lawyer asap.
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
home. She has a small retirement account she is investing in. How or can I protect my pension at least for (5) years into the marriage should things not work out?
Thank you
answered on Nov 15, 2015
You should have a pre-nuptial agreement prepared.
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
But im unable to work .cuz of health issues. I've filed for disability and waiting on a decision. My daughter has worked on and off since she was about 16 and she is now 18 and support has not gone down also she has also quit school sum years back. My husband their has been working on and off... View More
answered on Nov 4, 2015
If you are that ill then you probably will lose 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
I was awarded legal guardianship of 4 minor children, the mother showed up and tried to take them from my home and leave the state without notifying the court or myself. as i understand it until such a time as the court says other wise this is not legal. and we have to return to court and formal... View More
answered on Nov 4, 2015
Yes. You should file a motion for contempt against the birth mother.
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... View More
My daughter is 9 months and I have been ordered to pay child support but me and her mom live in the same house as a family. But the child support paper said that my Daugher is with her most the time. Please help
answered on Nov 2, 2015
You need to file a motion to correct this because that should not happen.
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
I make 1500 month before tax,, different child support calculators have me at $307,, havent done court yet.. we had verbal equal custody agreement. now 3 years later mother is making demands so we are going to take it to court... she never worked and is supported by her parents. they moved 250+... View More
answered on Nov 2, 2015
Support is based on child support guidelines. Private school is not part of 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
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