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John Arthur Smitten
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John Smitten’s Answers

6,258 total


  • Will I have to pay alimony and if so, how much could it be?

    My wife and I are residents of Florida. We live like roommates and I am ready to move on. She is on a state disability pension of just over $2000 per month. This is a 2/3rds of what I make. Our children are grown and live on their own.

    John’s Answer

    Probably not an alimony case because she can easily live of $2k. Consult with a lawyer.

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  • My child is in danger and I need to file an emergency motion but my attorney is unavailable! Can I request on my own?

    My daughter's father and I have a temporary custody order in place however I have serious concerns regarding the safety and health of our daughter. After each timeshare she comes homes with bruises, bumps on the head, scratches and most recently i...

    John’s Answer

    Call DCF............................................................................................................................................................

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  • What can I do if someone else claims my children on the tax return beside me or the mother???

    I have been claiming my children on my tax returns for years. This particular year my ex-wife decide to claim my children without W-2 form, how is that possible?? She hasn't work for over 10 years living of the government assistance, SSI , and c...

    John’s Answer

    If you can prove to the IRS that you provide a majority of the kids support then the IRS will rule in your favor. Use of a lawyer is recommended.

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  • Is it illegal to use a belt to tap her behind without it leaving a mark?

    My daughter is 3. She does not listen to anything I say. I have tried time, outs, taking toys away, and little smacks on the butt as punishment. I have never left a mark and never intend to. I am at my whits end and I am going crazy.

    John’s Answer

    Hitting a child in today's society is not a smart thing to do.......................................

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  • Can this be heard in the appellate court now? Since the Judge appears not to notice all the delays. What can be done??

    Going through a divorce with children. The Judge mandated that 3 items needed to be completed in an order. I thought that these items could not be completed unless we had a signed Court order Opposing council has delayed the drafting of the fir...

    John’s Answer

    If you are seeking to appeal the case then yes you need a lawyer. ....................................

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  • So if I'm on a tight budget and I can't afford a 3 bedroom. Can my kids share a room? Ones a boy and a girl he's 9 and she's 4

    My ex and I are not together. He just got child support taken out of his check. And now I think he wants to threaten me.

    John’s Answer

    Yes that is perfectly fine for now............................................................................

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  • Is this how it works, is it the same as restraining order, or strictly relates to verbal communication? Will it really help him?

    My husband is in jail for domestic assault (no physical violence. broken door...) awaiting hearing. There is no communication order. I filed a request to not prosecute, but did not request to allow communication, because I feel that I cannot have ...

    John’s Answer

    Not sure why you would want this person to move back home. Use of a lawyer is recommended.

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  • Does anybody know of any social services that can shelter somebody like that for a period of time until they are ready to leave?

    My husband is in jail for domestic assault case awaiting hearing. After he is released, where can he go. When he is allowed to, his intention is to leave the country. But is he is ordered to do community works, where can he stay in the meantime. I...

    John’s Answer

    Contact RCS/The Haven. ...........................................................

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  • Does anybody have an advice of any option/s to get him out of jail in time for him to leave the country (in 1 week)?

    My husband got arrested 2 days ago and charged with simple domestic assault. I felt like I had no choice when I called 911 that night, because he was drunk and out of control - acting accordingly... The Judge ordered "no communication with the vic...

    John’s Answer

    Pay the bond then he will get out................................................

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  • How can the recent episode (charge with dom. assault) affect the outcome of divorce, or will it at all, besides timesharing?

    I was planning on filing for divorce for a while now. Getting consultations with lawyers specializing in divorce. I was advised that he is eligible for alimony (he chose not to work for years), 1/2 of what was acquired during marriage (we were mar...

    John’s Answer

    His drinking will certainly affect the timesharing, not anything else. The court will not award alimony to a slug.

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