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Questions Answered by John Arthur Smitten
1 Answer | Asked in Divorce for Florida on
Q: What kind of tax do I have to pay on a divorce settlement?
John Arthur Smitten
John Arthur Smitten answered on Jan 16, 2017

If you are paying alimony then there is a tax, if just transferring property then generally there is no tax. You should hire a lawyer to represent you in the case.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: My child was adopted by my ex-wife's husb and cs has been stopped, im paid up but florida says i owe more when i dont

Adoption was done in Florida support order was issued by florida in 2009 but enforced by Pennsylvania. Originally $500 a month but was adjusted to $340 a month. Florida will not changed the $500 original order and sats i still owe $3800 when I am 100% paid off in the eyes of PA. What will happen... Read more »

John Arthur Smitten
John Arthur Smitten answered on Jan 16, 2017

Get a certified copy of the child support statement in PA, then file a motion in FL to sort it out.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Do i have to send my daughter for visitation if he is breaking the law?

His license is revoked for a dui. After confronting him, his friend has been now driving him around however the car they are driving is my daughters fathers and the plate and registration has been expired since 11/2016. We have a final judgment that states he has visitation however absent an... Read more »

John Arthur Smitten
John Arthur Smitten answered on Jan 11, 2017

If he is openly violating the law, then no visitation.

2 Answers | Asked in Family Law and Immigration Law for Florida on
Q: I filed for my husbands kids, we are getting a divorce what are my rights and responsibilities with the kids?

I did not adopt them, the mothers are in Jamaica.

John Arthur Smitten
John Arthur Smitten answered on Jan 11, 2017

You are not a party to the case and you are not the legal parent.

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1 Answer | Asked in Family Law and Criminal Law for Florida on
Q: I'm 16 can I marry my 20 year old baby's father?

He and my fiance have been together for 3 years. We just had our baby 7 weeks ago and we would like to get married. My mother constantly fights with me and ignores my parenting style. Could we get married, and if so would I be able to legally move in with him. What do we have to do to get married.... Read more »

John Arthur Smitten
John Arthur Smitten answered on Jan 2, 2017

You need parental consent.

1 Answer | Asked in Civil Rights, Constitutional Law, Divorce and Family Law for Florida on
Q: How can I go about removing my husband from our house legally

I'm married and have four kids. My husbands a drunk, lately this problem has been getting worse. I need to be able to legally keep him out of the house and away from my kids.

John Arthur Smitten
John Arthur Smitten answered on Dec 27, 2016

Get a restraining order if he is making threats. Hire a lawyer.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can I have my son's dad to be be refused visitation for allowing our 16 year son to sleep over his 16 yr old girls house

I refuse to allow this sleep over my son's dad is okay with it . So is the girlfriends mother okay with the sleep over , the Girlfriend is only 16 as well .. Can I stop visitation with their dad BECAUSE of this ???? If so how do I go about it

John Arthur Smitten
John Arthur Smitten answered on Dec 27, 2016

You have to file a motion, do not engage in self help. Hire a lawyer.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I had got incarcerated and my daughter's father came from South Carolina and took her up there how do I get her back

DCF had temporarily placed my children with an uncle but only for 14 days, I was released from jail and now have my oldest 2 girls but the father of my youngest is in South Carolina and I don't know what to do to get her back home, the father and I wasn't married and I can't go out... Read more »

John Arthur Smitten
John Arthur Smitten answered on Dec 27, 2016

Hire a lawyer asap.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: THE FATHER OF MY SON WANTS TO CHAGE THE SHARING CUSTORY TO SOLE FOR NO REASON WANT CAN I DO?

THE CAS WAS FILE IN PALM BEACH COUNTY IN FEB 2011

John Arthur Smitten
John Arthur Smitten answered on Dec 27, 2016

hire a lawyer asap

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Juvenile Law for Florida on
Q: My mom recently,just kicked me out the house.Im 17 years old.Its been 4 days since.If she says come home, do I have to?

I will be 18 in about 2 weeks . It's been 4 days and 5 nights of being kicked out , since she said she doesn't care about me anymore . I will soon be moving in with my grandma , but wasn't for sure if I HAVE to come home if she demands it .....?

John Arthur Smitten
John Arthur Smitten answered on Dec 21, 2016

When you are 18 you can do what you want, you are legally an adult.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Florida on
Q: I put an injunction on my daughter's father for laying his hands on me our two year old. They servedinjunction he came

to house and try to get in after the injunction was served he got arrested we had court for the junction the judge granted me 100% custody of my child with no visitation at all to him. State attorneys have picked up charges to go after him they do have a warrant for his arrest now. Im confused I... Read more »

John Arthur Smitten
John Arthur Smitten answered on Dec 12, 2016

You should file a case in family court for 100% custody. You should hire a lawyer to represent you in the case.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: How do I get temporary custody switched back to my name if the temporary custodian agrees?
John Arthur Smitten
John Arthur Smitten answered on Dec 12, 2016

You can prepare a stipulation and order for the judge to sign. You should hire a lawyer to represent you in the case.

1 Answer | Asked in Family Law and Landlord - Tenant for Florida on
Q: How do I get rid of a live-in girlfriend of 5 months? I own condo, no written agreement, no money changes hands either.

Can I remove her things to secure storage and change locks w/out repercussions? I want to avoid eviction, or involving sheriff, or courts if possible.

John Arthur Smitten
John Arthur Smitten answered on Dec 12, 2016

You have to file eviction papers with the court. You should hire a lawyer to represent you in the case.

3 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Ex showed up to default, claims didn't receive petition, now has 10 days to respond to amended petition. What now?

My soon to be ex showed up to hearing for default in my divorce and relocation case, but claims she received no other paperwork except notice of hearing. GM gave her 10 days to respond to amended petition. What happens if she fails to respond again?

John Arthur Smitten
John Arthur Smitten answered on Dec 12, 2016

You should hire a lawyer to represent you in the case. ...............

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1 Answer | Asked in Criminal Law and Family Law for Florida on
Q: Can an inmate charged with sexual charges be denied visitation of their children?

Charges include child pornography

John Arthur Smitten
John Arthur Smitten answered on Dec 12, 2016

yes.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: I was in a custody battle with my daughter's father.I have custody of our daughter and the judge ordered child support

Our daughter is 7 yrs old.The judge said she was not ordering retroactive support at the time of this judgement.How do I go about getting the retroactive support.

John Arthur Smitten
John Arthur Smitten answered on Dec 4, 2016

File a petition to establish support. You should hire a lawyer to represent you in the case.

1 Answer | Asked in Family Law for Florida on
Q: My exhusband has visitation every other weekend but has A warrant out for his arrest due to nonpayment of child support.

Do I still have to send my daughters for visitation? Im scared police will find him while my daughters are with him then I don't know who will have my daughters

John Arthur Smitten
John Arthur Smitten answered on Dec 4, 2016

Technically yes, you still have to comply.

1 Answer | Asked in Child Custody for Florida on
Q: Child given to father that has never raised her from mother and sister who have always been with her. Help she is so sca

SCARED. The judge said in florida its 50 50 then she found out the mom was a lesbian and even dcf was shocked that the father got her. We see her 2nights every 12 days and 3 hrs during the week they live in another town AND WE HAVE TO GO THERE. He makes more money and is abusive verbally and even... Read more »

John Arthur Smitten
John Arthur Smitten answered on Nov 28, 2016

Hire a lawyer to represent you in the case.

2 Answers | Asked in Divorce, Family Law and Child Support for Florida on
Q: My ex is ordered to pay 72% of childcare expenses. I hired a sitter, and my ex says he only has to pay if they licensed?

I had to hire a sitter because daycare is closed at the time I need care for them. Is he right? I'm in florida btw

John Arthur Smitten
John Arthur Smitten answered on Nov 28, 2016

He is wrong. Does not matter if the sitter is licensed.

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1 Answer | Asked in Child Custody for Florida on
Q: I have 50% custody of my special needs child. Im remarried now. If something happens to me can my wife keep my custody?

My child is 12 years old and has been with my wife for 3 years now. So he is very familiar with her and loves her but being special needs he will always be depend on us. if in time something were to happen to me would my wife still be able to have him 50% of the time?

John Arthur Smitten
John Arthur Smitten answered on Nov 20, 2016

The surviving parent would get custody if you die.

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