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Joanna Marie Mitchell
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Joanna Mitchell’s Answers

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  • When will a court award no child support in a 50/50 time sharing?

    i went to mediation and i was heavily bullied to do a 50/50 and then they offferend me child support in a 50/50 scenario, how can that be i hought the law erequires the husand to pay child support, i am unemployed and husband makes about 40k, and ...

    Joanna’s Answer

    If his income is substantially higher than yours, which it sounds like it is, then in most circumstances he will still be required to pay you child support. However, the amount that he will pay will be GREATLY diminished if he has 50/50 timesharing, as compared to what he would pay if he just had every other weekend. The reason for this is that child support is for the care and needs of the child, and his monthly obligation would be reduced as a result of him caring for and providing for the needs of the child 50% of the time already (when the child is with him). Typically, the only time no child support is exchanged with a 50/50 timesharing arrangement is when the parties incomes are relatively equal as well.

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  • Is Florida a "no -fault" divorce state?

    I'm currently going trough an "adultery" situation and I'm scared to lose my children, is Florida a "no-fault" state, my spouse files for divorce?

    Joanna’s Answer

    • Selected as best answer

    Yes, Florida is a "no fault" State, meaning it doesn't matter who did what to whom as far as how matters are decided. Wrongdoing can come into play with certain issues such as child custody and alimony, but they are not the deciding factors. As for losing your children, where the children will predominately reside is based on many factors which are considered in determining what living arrangement is in the best interest of the children. You need to consult with an attorney in order to fully discuss your potential rights and options, as well as how to best proceed under Florida Law. Many attorneys, including myself, offer free initial telephone consultations. You should contact several attorneys and then choose the one with whom you feel the most comfortable and allow them to help you through this difficult time.

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  • No fault divorce ,no kids involved,no property involved

    Navy veteran on disability

    Joanna’s Answer

    Not sure what your question is. However, if you are looking to discuss your potential rights and options, many attorneys, including myself, offer free consultations. You should talk to an attorney and then determine how to proceed.

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  • Divorce attorney

    How much is a divorce

    Joanna’s Answer

    The cost can vary widely depending on what the potential issues are. If you handle it yourself and you are both in agreement on everything, it could cost only the initial costs to open the case, about $450.00; if you hire an attorney, it could be anywhere from an additional $1500.00 on up, again depending on not only issues, but the experience and fees charged by the attorney that you retain. The main factor affecting the ultimate cost is what the issues are, how strongly disputed those issues are, and, if the issues cannot be resolved, whether you will need to go to Trial and have a Judge decide the disputed issues. Bottom line, more issues, not resolved by an agreement, equals more time, which means more dollars. The only way you can get a more definitive answer to your question is by consulting with an attorney, and even then, there is no precise answer to your question, as no-one knows the future ...

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  • How do I legally block grandparents from seeing my children?

    My ex is living with her mother and her mother's wife. My mother in laws wife makes a LOT of money. She and my mother in law are using this money to fund my wife's parental alienation of me from my children. I have not seen them in months, and ...

    Joanna’s Answer

    I agree with my colleagues answer, but would also add that if she has an attorney, you really need to obtain one in order to have the best chance of your rights regarding your children to be properly represented and protected in court. Even if opposing counsel is stalling, as you have stated, your counsel would know how to move the case forward and obtain hearing time with the Judge.

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  • I am an unwed father, living in Florida. The baby's mother moved to North Carolina a year ago and left the baby in my care.

    She just came back a week ago and took the baby with her back to North Carolina. This is my sons home state and he was in my care for most of the time, since he was born and then he lived with me for a year, while she moved away. My name is on th...

    Joanna’s Answer

    You need to file a paternity action immediately and should do so after consulting with an attorney. During the course, you can request a DNA test. You will probably have to pay for the DNA testing initially; however, if the child is yours, she may have to reimburse you, at least a portion. Once paternity is established, then parental responsibility and timesharing (visitation) will be determined, as well as child support. Act quickly though. The longer you wait, the less likelihood of success you will have, and ultimately, you may have to litigate the matter in North Carolina.

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  • Can I have a case, that has been filed with the court, reviewed by another attorney?

    I feel that the child support case has been misrepresented by attorney and wondered if it can be reviewed by another attorney. If misrepresentation is proven, who would take the blame? Would that be the responsibility of the attorney or the client?

    Joanna’s Answer

    Yes, you are always entitled to obtain a second opinion. As stated by one of my colleagues, you didn't indicate as to what type of misrepresentation you were referring; therefore, a further answer cannot be given without more information.

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  • What can I do if the NCP is in breech of our agreement?

    Our agreement states: The paternal grandmother will come to lake county two times a month for three months to have time with the child & The father will come to Lake County with the Paternal grandmother as time permits. Beginning May 2015, the...

    Joanna’s Answer

    As stated by my colleague, it sounds as if the intent of the agreement was for him to be gradually introduced to the child. If he is not complying, you cannot force him to comply (cannot force him to see his child); however, his failure to do so could be grounds for a modification of the terms previously agreed upon. You should consult with an attorney.

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  • I have an out of state Final Judgment that I want to Domesticate to Florida. What is the actual domestication date?

    Is it when I file with the FL courts, or afterwards? If afterwards; when? I need an accurate expert answer. No guesses please. Please do not say contact an attorney as I know I need to do that.

    Joanna’s Answer

    • Selected as best answer

    To my understanding, you file the Request to Domesticate, along with the other initial required documentation and affidavits, and then you have to serve that on the other party, who then has 30 days to object to the domestication. If they do not object, then it is continued domesticated once that period of time has expired. If they do object, then a hearing is held on the matter and it would be domesticated as of the date a Judge ruled domestication was appropriate. As you are apparently already aware, it is a somewhat complicated process and you should consult with an attorney in order to determine how to proceed.

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  • I was wondering how it works with properties after you get marriage in Florida?

    If I have a home out of Unied States and my husband has a home in Florida that both were purchased before we got marriage, how does it work if one of us pass away? Does he have the right of my properties that is in another country if I pass away (...

    Joanna’s Answer

    Your inquiry contains multiple questions that would best be answered in a consultation with an attorney. Typically, if an asset is purchased and paid for prior to the marriage, then it is non-marital and belongs to that person only, unless the other party's name was ever added to the deed or title. If an asset is purchased before the marriage, but paid for during the marriage, then the other party most likely will have some interest in the asset, even if their name is not on the asset. But there are many, many different variations on the above depending on the individual circumstances surrounding the asset and debts acquired by you and your Husband both before and during the marriage. So, as stated, you need to consult with an attorney.

    In the meantime, detailed answers to many frequently asked questions regarding divorce, custody, visitation, child support, alimony, paternity and other Family Law matters are located on my website at http://www.mitchell-pa.com/FAQ_Main.html Be sure to stop by and check it out! And of course, if you have a question that is not addressed, please feel free to email me directly.

    And, should you wish to discuss this matter further, my office offers free initial telephone consultations. During the consultation, we can discuss the particulars of your situation in depth, as well as explore your potential rights and options. If you would like to coordinate a free initial telephone consultation, please contact my office at 407-971-6140 or 352-324-2444 to schedule same.

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.

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