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Questions Answered by Joanna Marie Mitchell
3 Answers | Asked in Family Law for Florida on
Q: My ex husband is behind in child support and is taking me to court for modification. Who pays for my lawyer?
Joanna Marie Mitchell
Joanna Marie Mitchell
answered on Jun 3, 2013

It depends on whether it is a frivolous action or not. If he has grounds to modify, then usually each pays their own (unless he earns substantially more than you). Your attorney can best determine if you would have any likelihood of recovering attorney fees from your ex.

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2 Answers | Asked in Family Law for Florida on
Q: My husband's exgirlfriend is asking for more $. He pays Support to her & his ex-Wife. Does our 3 yr old count in this?
Joanna Marie Mitchell
Joanna Marie Mitchell
answered on Jun 3, 2013

No, usually children that are born later are not considered, as the Court's feel that he already had the prior obligation when he chose to have another child, which doesn't lessen his obligations to the prior children in any way.

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3 Answers | Asked in Family Law for Florida on
Q: My ex boyfriend got an attorney when I got a restraining order on him, we have a 5 yr old together. Should I get one too?
Joanna Marie Mitchell
Joanna Marie Mitchell
answered on Jun 3, 2013

Generally, if he has an attorney, you should have one as well. Otherwise, your case may not be properly heard in court. The rights of you and your child need to be properly protected and an attorney can help. If your case is in the Central Florida area, my office offers free initial telephone... Read more »

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3 Answers | Asked in Family Law for Florida on
Q: Want uncontested no children divorce. Where can I get help filling out the forms?

She lives in georgia. Seperated almost 3 years

Joanna Marie Mitchell
Joanna Marie Mitchell
answered on Jun 3, 2013

Many courthouses have self-help centers where you may be able to find assistance. However, if you are not sure how to proceed or what to fill out or how to get her served, you probably need to consult with an attorney to assist you. If your case is in the Central Florida area, my office offers... Read more »

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2 Answers | Asked in Family Law for Florida on
Q: What are my legal rights as a wife of 38 years when my husband has fathered a child with another woman?
Joanna Marie Mitchell
Joanna Marie Mitchell
answered on Jun 3, 2013

If you mean what are your legal rights in a divorce action, that is a very complex question and much more information would need to be known. If you mean what are your legal rights regarding the child, you probably don't have any. Your Husband may have to pay child support though and he would... Read more »

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2 Answers | Asked in Family Law for Florida on
Q: My ex says I can't see my daughter at all unless it's at her father's home. We have no court orders. What do I do?
Joanna Marie Mitchell
Joanna Marie Mitchell
answered on Jun 3, 2013

You need to establish your rights legally as the biological father of the child. This is typically done by filing a court action during which your paternity is legally established. Once that is established, then parental responsibility and visitation will also be determined (and child support, of... Read more »

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