Joanna Marie Mitchell’s Answers

Joanna Marie Mitchell

Clermont Divorce / Separation Lawyer.

Contributor Level 15
  1. Child custody..Painful matter..

    Answered over 3 years ago.

    1. Joanna Marie Mitchell
    2. Mark S Guralnick
    2 lawyer answers

    If your court decision doesn't address child support but does indicate that the child lives predominately with you, you should contact the Department of Revenue, Child Support Enforcement office in the county where he resides and open a child support action with them. Even if it is addressed, if he's not paying, then they could assist you. Their services are free to the custodial parent. However, they are also very slow due to being very overloaded. If you would like quicker results, then you...

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  2. I have a CD account that was opened a year before I got married . Is it considered a marital assets ?

    Answered almost 2 years ago.

    1. Joanna Marie Mitchell
    2. Brittney Cecilia Gutin
    2 lawyer answers

    As long as the funds and stocks have been kept completely separate and not comingled in any way (you did not contribute any funds to the CD or buy and sell any stocks during the marriage), then they shouldn't be considered a marital asset subject to equitable distribution. However, you should consult with an attorney before entering into any agreements or making any decisions in order to better determine your potential rights and options under Florida law, as well as discuss any issues that...

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  3. Still married awaiting for divorce and custody to start

    Answered 11 days ago.

    1. Joshua Edward Rhea
    2. Brian DeMarco
    3. Joanna Marie Mitchell
    3 lawyer answers

    I agree with the other two attorneys. Rarely is it the right thing to do to just go "snatch" the child from the caregiver. While you may not be breaking the law, Judge's typically frown on someone not pursuing things through the proper legal channels. And, as they say, two wrongs don't make a right. Consult with an attorney in order to best determine how to proceed.

    3 lawyers agreed with this answer

  4. Married for 16 years in Florida (PRE-NUP)

    Answered 12 days ago.

    1. Jordan Gerber
    2. Joanna Marie Mitchell
    3. John Arthur Smitten
    4. Michael Charles McGinn
    5. Betty Elaine Jones
    5 lawyer answers

    You should consult with an attorney and have your prenuptial agreement reviewed by an attorney in order to determine your potential rights and options. There may be some things that you are still entitled to, depending on what the terms of the prenuptial agreement are.

    3 lawyers agreed with this answer

  5. Am I entitled to a portion of my husband's police pension if we get divorced?We've been married for 20yrs.

    Answered 5 months ago.

    1. Brent Allan Rose
    2. Joanna Marie Mitchell
    3. Jordan Gerber
    3 lawyer answers

    You are entitled to half of any pension that was accrued during the marriage. The portion that was accrued prior to the marriage would be solely his. You may also be entitled to alimony and child support for the two remaining minor children, as well as half of any other assets that were acquired during the marriage, regardless of whose name they are in. You should consult with an attorney in order to best determine your potential rights and options. In the meantime, detailed answers to many...

    3 lawyers agreed with this answer

  6. Determining Child Support/Spousal Support

    Answered 12 months ago.

    1. Joanna Marie Mitchell
    2. Ophelia Genarina Bernal-Mora
    2 lawyer answers

    Child support is determined by the Florida Child Support guidelines and is based on the combined incomes of the parties, with consideration for how much time each parent spends with the child and who pays any child care and health insurance expenses. From what you have stated, it sounds as if there may be a possibility of some child support being exchanged. However, the guidelines would have to be run in order to determine that. As for spousal support or alimony, if your incomes are nearly...

    3 lawyers agreed with this answer

  7. I want 50/50 time sharing. Paternity text completed. What do I do next?

    Answered about 1 year ago.

    1. Eileen D. Jacobs
    2. Joanna Marie Mitchell
    3. William Charles Rosenfelt
    3 lawyer answers

    You need to file what is called a "Paternity" action in circuit court in order to establish your legal rights as the father, which include parental responsibility and visitation or timesharing, as it is called. You should consult with and retain an attorney to assist you in this matter. 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://...

    3 lawyers agreed with this answer

  8. Where do I need to go to file for visitation

    Answered about 1 year ago.

    1. Robert Jason De Groot
    2. Joanna Marie Mitchell
    3. Gwen Cryer
    4. Robert M Chambers
    5. Ophelia Genarina Bernal-Mora
    6. ···
    6 lawyer answers

    You can file a Paternity action where you reside and have her served where she resides. You should consult with an attorney to assist you in the process and ensure that your rights as a father are protected. 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...

    3 lawyers agreed with this answer

  9. Is a "Family Law"lawyer able to handle divorce cases?

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Michael Charles McGinn
    3. William Emil Cassara
    4. Joseph Knape
    5. Leonore M. Greller
    6. ···
    8 lawyer answers

    Yes, a Family Law attorney is one who typically handles divorce cases and issues related to divorce. You should consult with several attorneys before deciding on which one to retain, and then choose the one that you feel the most comfortable with and trust. 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....

    3 lawyers agreed with this answer

  10. My sons girlfriend wants to leave the state of Fl with his newborn child. Can we stop her?

    Answered over 1 year ago.

    1. Joanna Marie Mitchell
    2. Gregory Thomas Buckley
    3. Ophelia Genarina Bernal-Mora
    4. Michael Ferrin
    4 lawyer answers

    You need to hire an attorney to file papers with the court to establish your son's parental rights and also obtain an order preventing her from leaving the State with the child. 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...

    3 lawyers agreed with this answer

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