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Questions Answered by John Arthur Smitten
1 Answer | Asked in Divorce and Family Law for Florida on
Q: Do I have a right to fight for our house in the event of a divorce?

Been married for 2 years. About a year ago "we" bought a house. Husband paid cash outright from a settlement. He did not put my name on the title. My 3 children live with us. His children do not. We may be headed toward a divorce due to a possible affair and lie after lie from him.

John Arthur Smitten
John Arthur Smitten
answered on Jan 3, 2016

The presumption is that it is a marital asset. Hire a lawyer to assist you with your case.

1 Answer | Asked in Divorce for Florida on
Q: Amicable divorce, support $300. Can I ask judge that $125k home equity (titled in my name), offset the $300?

I am buying house for wife and 4 kids. Suport calculated at only cost of health insurance. I have no income but recent $400,000 legal settlement on premarital asset. Can I ask the judge that so long as wife/children living there, that the monthly payment be deemed paid? Or is it easier to draft... View More

John Arthur Smitten
John Arthur Smitten
answered on Jan 3, 2016

If you and your spouse are close to an agreement then have a lawyer prepare a comprehensive written agreement.

1 Answer | Asked in Family Law for Florida on
Q: Do i have to pay

My ex had an abortion, told me she was having it i offered to pay she refused said she had paid it off now her dad is harassing me for money can he force me to pay

John Arthur Smitten
John Arthur Smitten
answered on Jan 3, 2016

You are under no obligation to pay.

1 Answer | Asked in Family Law for Florida on
Q: I filed for child support directly with the courts. I missed a page and submitted it a few days later. The form...

The form is in the file as received. Do I need to do anything for them to review the file now that the form is there or will the courts get around to it. It was submitted over a month ago and I have not seen any new progress on the case or heard from anyone. Please advise if I need to do anything... View More

John Arthur Smitten
John Arthur Smitten
answered on Jan 3, 2016

If you wait for the court you will wait forever, it is your responsibility to keep the case moving. Hire a lawyer to assist you with your case.

1 Answer | Asked in Family Law for Florida on
Q: Stepdad wants to adopt son bio dad lives in another state which state adoption forms should bio dad fill out?

Bio dad has no problem signing papers but adoption is taking place in Florida and he lives in Conn. I sent him Florida forms but the notary says they cant sign a Florida form. But will Florida be able to use a Conn form?

John Arthur Smitten
John Arthur Smitten
answered on Jan 3, 2016

Use a lawyer to do the case. Have the attorney prepare their forms. The notary is mistaken

1 Answer | Asked in Family Law for Florida on
Q: My question is me and my ex husband went to mediation last year and we modified the holiday schedule and now he says no

That he is going to pick them up Christmas eve do I have to let them go I have the papers from mediation

John Arthur Smitten
John Arthur Smitten
answered on Dec 26, 2015

The Court order controls the case so stick with that.

1 Answer | Asked in Family Law for Florida on
Q: I lived with my wife off and on for six years before we were officially married, after five plus years she has filed for

Divorce, until recently she had been a student, we are selling our home, my question " under Florida law is she entitled to 50 percent after expenses on the sale of the home?

John Arthur Smitten
John Arthur Smitten
answered on Dec 26, 2015

Assuming the home is a marital asset, yes. Use of a lawyer is recommended.

1 Answer | Asked in Family Law for Florida on
Q: If I voluntarily put myself on child support, am I responsible for back child support if I have proof I've been paying?

I have receipts showing that I have been taking care of the child.

John Arthur Smitten
John Arthur Smitten
answered on Dec 26, 2015

If you have the receipts you will be fine, always keep receipts.

1 Answer | Asked in Family Law for Florida on
Q: I am going to court dcf is trying to take away our baby they lie on the petition what can i do about it

My son had pyloryic sterosis he had to have sergery they are saying we neglected him after we took him to hospital and did as they said what he has is a common medical condition that has to be fixed by surgery nothing no one done to cause or or nothing we could have done to prevent it

John Arthur Smitten
John Arthur Smitten
answered on Dec 26, 2015

Use of a lawyer is recommended.

1 Answer | Asked in Family Law for Florida on
Q: Things have changed with the relationship of my child's father. I would like to end the court ordered child support.

He now has 2 step children and a son. We are on great terms and our co-parenting is fantastic. Do I have to go through the court to end this? We have arrangements to do the child support on our own. The order states he must carry insurance for her through his work. The guideline sheet for that... View More

John Arthur Smitten
John Arthur Smitten
answered on Dec 26, 2015

You have to file a motion and get an order from the court to stop the wage garnishment. Use of a lawyer is recommended.

1 Answer | Asked in Family Law for Florida on
Q: Autistic 15 year old refuses to go on visitations with father, cries, hides. How to answer to court?
John Arthur Smitten
John Arthur Smitten
answered on Dec 26, 2015

Children are minors with no rights so if the order says the child goes then he/she has to go.

1 Answer | Asked in Family Law for Florida on
Q: My husband filed 1 week ago he just told me he will not tell me the county he filed in when do I expect to get severed?

We live on same property and I am currently on disability and he has a girlfriend

John Arthur Smitten
John Arthur Smitten
answered on Dec 26, 2015

He is supposed to file in the county where he resides so check the clerk.

Q: If petitioner does not intend to stay permanently in Florida, can his divorce petition be dismissed ?

Petitioner doesn't intend to stay permanently in Florida. He completed 6 months residency and filed dissolution of marriage petition. He purchased a house in another state, during divorce proceedings. Petitioner does not have a Florida driver's license or Florida voter card or Florida tax... View More

John Arthur Smitten
John Arthur Smitten
answered on Dec 26, 2015

You can just file a voluntary dismissal if you were the one who filed the case. If the other side filed a case than you cannot dismiss.

1 Answer | Asked in Divorce for Florida on
Q: My husband and I have been married about 25 years, with many wrongs done on both our parts. He's not paying & I no mone?

What do I do I do to get divorce proceedings started? He and I must be parted or will surely hurt me.

John Arthur Smitten
John Arthur Smitten
answered on Dec 8, 2015

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

1 Answer | Asked in Family Law for Florida on
Q: my daughters mother is court ordered to pay $100 in child support since may of last year and she hasnt paid any?

i need to know how i can garnish her wages or have her placed in contempt. because she is also not following other rules that the court has ordered.

John Arthur Smitten
John Arthur Smitten
answered on Dec 8, 2015

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

1 Answer | Asked in Family Law for Florida on
Q: Does child support review cases without the custodial parent requesting a review? To see if a mod. is necessary?

I made a modification when I was without work 2 yrs ago. It was lowered. Now I have been working for over a year and the custodial parent is claiming she has not requested a modification but we might be over due for a yearly review. Can this be possible?

John Arthur Smitten
John Arthur Smitten
answered on Dec 8, 2015

DOR does review their files, 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

1 Answer | Asked in Family Law for Florida on
Q: If my ex has a man living with her all the time and he works full time do they take his income into consideration

Ex has a man with a full time job. Wondering if his income plays a factor since its in her household

John Arthur Smitten
John Arthur Smitten
answered on Dec 8, 2015

no.

1 Answer | Asked in Family Law for Florida on
Q: My ex has a man living with her. Can his income rose taken into consideration

My ex has another man living with her. Wondering since he's living there can they take his income into consideration. And how likely am I to get custody of she has a convicted felon living with her. Convicted of burglary

John Arthur Smitten
John Arthur Smitten
answered on Dec 8, 2015

His income is not considered. If the guy is a convicted felon then yes that helps your case.

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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1 Answer | Asked in Family Law and Adoption for Florida on
Q: My son is 3 years old. I left his father because of domestic violence and he keeps saying he's going to take my son away

We only lived 8 months with him. I have a finance now and he's great with my son he helps and financial supports my son. His biological father doesn't help me at all. He has a bad record I have domestic violence with him and he drinks and smokes. I use to let him take our son but his... View More

John Arthur Smitten
John Arthur Smitten
answered on Dec 8, 2015

File a petition for full custody first, the step-parent adoption later.

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

1 Answer | Asked in Divorce and Family Law for Florida on
Q: In Florida, if the non-custodial parent loses their job, how is child support enforced?

The support-paying parent loses their job, may have a new one lined up. How is support enforced while they are unemployed, and if they do get a new job with a salary of, let's say $10,000 less annually, but insurance rates of $200 more per month.

John Arthur Smitten
John Arthur Smitten
answered on Dec 8, 2015

The income withholding order should follow that person to their next job.

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

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