Skip to main content
John Arthur Smitten
Avvo
Pro

John Smitten’s Answers

5,768 total


  • Can income that is generated from non marital assets (quarterly cash dividends) be used in calculating alimony?

    The principal amount has been clearly defined as nonmarital, however this principal generates dividends, which when added to my salary puts my yearly income at a total amount that is about $35000 higher then my spouse that I am divorcing.

    John’s Answer

    If is is recurring dividends then yes.

    See question 
  • What happens if an ex-wife refuses to accept service for a subpeona to come to court?

    My ex-wife is a resident of Virginia. I filed for divorce in Florida as I was a resident of the state at that time. The divorce has been finalized and my ex-wife was ordered to pay $5K+ to me. She has refused to pay and motion for contempt has be...

    John’s Answer

    There are lots of ways to get service of process, substitute service on a family member who lives there is acceptable in most cases. Use of a lawyer is recommended.

    See question 
  • Does the mother pick the last name and being able to move?

    Im pregnant and due in two months.im not with the father. Do i get to choose the babies last name and am i gonna need a lawyer so i can make it so i don't have to stay in florida? Do i have to tell him im in labor?

    John’s Answer

    If not married then you get to choose the name and you can move out of state.

    See question 
  • Temporary custody

    My girl was arrested while I was incarcerated.her mother picked up my daughter and later wrote a temporary custody agreement up and sent it to both of us my girl signed it. I did not sign.it was not filed thew the courts.at all. My question is am...

    John’s Answer

    If the last order of the court has not changed then yes. If there is no existing court order at all them you need to get a court order. Use of a lawyer is recommended.

    See question 
  • My ex-husband has just violated our parental agreement.

    Our daughter is 7

    John’s Answer

    If he has violated the order then file a motion for contempt/enforcement. Use of a lawyer is recommended.

    See question 
  • Qdro on 401k

    my husband flied for a divorce we have been to mediation an he agreed that I shall receive my marital portion of his 401k from the time we were married to the time we split up. how do I go about executing a qdro and associated fees requied for sep...

    John’s Answer

    You have to contact his company and his company lawyers to get it done. Use of a lawyer is recommended.

    See question 
  • Divorce

    We have been married 3 years..together 15 years..the house was bought before we were married am I entitled to half that asset and am I entitled to almond or any kinday of settlement

    John’s Answer

    For legal purposes you have been married 3 years, how long you were together does not count. Not likely that you will have any alimony claim. Use of a lawyer is recommended.

    See question 
  • Son's mother will not communicate with me. Wont answer phone calls and does not allow him to speak to me. What can I do?

    My husbands son lives with his mother in Delaware, we in live in Tampa, FL.. They were never married but had a child that is now 14. He pays child support. He talks to him whenever he can but his mother at times doe snot allow him to speak to his ...

    John’s Answer

    You have to go to court so you can get a court order that you can enforce. Use of a lawyer is recommended.

    See question 
  • How can I go about terminating my daughter's biological father's rights?

    He hasn't been in her life since 5 months and my bf wants to adopt her once we're married. .But I want to terminate now so he can't just decide hes ready to start coming around..she's 3 years old.

    John’s Answer

    Step parent adoption would be the easiest. You have to file a petition for termination of parental rights. Use of a lawyer is recommended.

    See question 
  • My ex is living with a felon with multiple violent charge's and doesn't have visitation with his own kids what rights do I have?

    Have not gone to court yet over custody of our two kids who currently live with me 100% of the time. I have not let her see the kids because of her boyfriend she lives with and secondly because she abuses prescription pain pills and also sells the...

    John’s Answer

    These are all valid concerns so make sure you ask for supervised time sharing for your ex. Use of a lawyer is recommended.

    See question