Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Jean Richardson
1 Answer | Asked in Child Custody for Florida on
Q: If I fight my boyfriend for custody will he win? He has a house, car, went to college, has a good paying job.

I'm a stay at home mom and I'm now living with my parents. I dont have a job or anything

Jean Richardson
Jean Richardson answered on Jun 3, 2020

It is impossible to answer your question without more information. For example: who is the child currently living with? How old is the child? Are there any reasons that a court may find you unfit to be the custodial parent? The ability to financially provide for the child is important, however, it... Read more »

1 Answer | Asked in Divorce for Florida on
Q: Can I expedite my filed simplified divorce?

I am filed already awaiting final hearing date (amongst COVID) but I am up against a military deployment and would like it finalized before I go circa 2 months.

Jean Richardson
Jean Richardson answered on May 22, 2020

If there are no attorneys involved, call the other party and let him/her know that you would like to request an expedited final hearing from the court. If he/she agrees, call the JA and let her know that you have conferred with the other party and he/she agrees to an expedited hearing due to... Read more »

2 Answers | Asked in Civil Litigation and Traffic Tickets for Florida on
Q: Officer asked for registration and said " hold on i will be right back" and didn't ask again for it, then gave us ticket

Officer was asking for registration and driver took considerable amount of time, the officer said he'd be back, then came back, didn't ask for it again but the driver had found it and when the officer came back he said they had found the info on the computer. Later on, he went back to his... Read more »

Jean Richardson
Jean Richardson answered on May 20, 2020

If your vehicle was registered at the time, ask for a court date. If the officer doesn't show, the ticket will be dismissed. If he shows, you can argue that you had the registration available and explain what you stated above to the magistrate. Bring the vehicle registration with you to the hearing.

View More Answers

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can my mom still force me to stay with her?

Hello. I am a 15 year old boy living in Orlando. My parents are not together. I live with my mom while my dad lives in Miami. For about a year now, my stepdad's parents have been living with us, turning my and my mom's lives unhappy. For awhile I have thought about living with my dad, but... Read more »

Jean Richardson
Jean Richardson answered on Apr 27, 2020

You should have a conversation with both parents and let them know how you feel and what you believe is in your best interest. At 15, if your parents were going through a divorce, a Court would want to know who you want to live with. If your dad wants you to live with him, and he can accommodate... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What could I do about my babymoms trying to take my 2 kids out of state? We have no court order but i am an active fathe

10 month old baby and 4 year old are trying to be taken out of state without my permission We have no court order but i signed both birth certificates and have been apart of my children’s life actively

Jean Richardson
Jean Richardson answered on Apr 21, 2020

Why is she moving out of state, job opportunity, family support to allow her to go back to school/work? If you decide to file a court action, the prevailing standard is "best interest of the child." If she is trying to better herself through better employment or educational opportunities,... Read more »

2 Answers | Asked in Cannabis & Marijuana Law and Landlord - Tenant for Florida on
Q: My family wants to all of a sudden drug test me to stay in the house.

I’ve been in multiple accidents and have been dealing with pain for a while. I occasionally need it for that. I used to take narcotic and non narcotic prescription drugs prescribed to me by a pain doctor and all the others who saw me. My attitude and my emotions changed for the worse as side... Read more »

Jean Richardson
Jean Richardson answered on Apr 13, 2020

Your issue is more personal than legal. Your family can't force you to take a drug test. It sounds like they don't want you to smoke in their house. That is not an unreasonable request. It also sounds like you taking a drug test is a condition precedent to you remaining in their house.... Read more »

View More Answers

1 Answer | Asked in Divorce for Florida on
Q: How is coronvirus effecting speed of hearings, and time for a "still to be negotiated" divorce start to finish?

Broward website says 'nonessential' services are suspended, whatever that means.

Jean Richardson
Jean Richardson answered on Apr 13, 2020

It depends if your case is contested or uncontested. You can still file, serve and submit the required documents. Some judges are holding zoom hearings. If uncontested, you can potentially have a zoom final hearing. I would give it 3 to 6 months if uncontested. If contested, you may have to mediate... Read more »

1 Answer | Asked in Tax Law for Florida on
Q: My husband has retroactive child support & has payment plan set up. Can the gov. Take our stimulus ck for our kids?

Also, can they take my portion of the stimulus check if I file as disabled spouse?

Jean Richardson
Jean Richardson answered on Apr 2, 2020

If he has a payment plan set up and is keeping up with the payments per the plan, the government should not take your check. If for some reason your income tax or any such funds specifically distributed by the IRS is taken away, you can file an injured spouse form to get the amount that is... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My son won’t let me See my grandchildren
Jean Richardson
Jean Richardson answered on Mar 29, 2020

Your son does not have to allow you to see his children! I don't know what type of relationship you have with your son. Perhaps if you improve your relationship with him, that will eventually translate into you spending time with his children/your grandchildren. Best of luck to you!

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Can I get temp custody of ex husbands grandchildren?

Ages 11 and 15 they are now living w me. Mother addict, father jail for life. I need temp custody for emergencies. Mother is also collecting food stamps and government checks for them that we coukd really use. What should I do?

Mother is an addict, father prison for life. Biological... Read more »

Jean Richardson
Jean Richardson answered on Mar 26, 2020

Have you spoken with mom and dad about temporary custody? It doesn't sound like you are biologically related to the children. Where are mom and dad's parents? You should consult with a local attorney regarding your options.

1 Answer | Asked in Child Custody for Florida on
Q: If custodial parent has a job lost would this be an example of change in circumstances? I am a NCP living out of state.

Can I apply for custody if I am the only parent that can support the kids?

Jean Richardson
Jean Richardson answered on Mar 23, 2020

If the custodial parent lost his or her job, this may be an exceptional change in circumstances that may require an adjustment to the child support amount. Courts will not take custody from a parent based on a job loss alone. Why did this person lose his or her job? Losing a job doesn't... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: A couple years ago I gave a woman temporary custody of my daughter now she won't give me my baby back what can I do??
Jean Richardson
Jean Richardson answered on Mar 23, 2020

Temporary custody? What document(s) did you execute to make this happen? Please consult with a local attorney to help you deal with this matter! Best of luck to you!

1 Answer | Asked in Child Support for Florida on
Q: I was put on child support in 2015, but it shows that a case was open in 2009 that I wasn't aware of.

It also shows that I am delinquent on payments, but payments are taken out weekly from my pay checks.

Jean Richardson
Jean Richardson answered on Mar 23, 2020

More information is needed to formulate an answer to your statement! For example, what is the effective date on your support order? Are you being charged arrears? I suggest you consult with a local attorney to help you figure it out. Good luck!

1 Answer | Asked in Child Support for Florida on
Q: I have a question about child support payments.
Jean Richardson
Jean Richardson answered on Mar 23, 2020

What's your question?

1 Answer | Asked in Child Support for Florida on
Q: What does "The Child Support Program withdrew the driver license action because the case is no longer eligible" mean?

I'm the custodial parent and i checked the status of my case and this is what was posted.... What does it mean?

Jean Richardson
Jean Richardson answered on Mar 23, 2020

There are a number of actions available to the FL DOR when dealing with delinquent child support payments. One of which, is suspension of FL DL. Based on the information you provided, my interpretation is that the department was in the process of submitting a DL suspension to the FL DHSMV. However,... Read more »

2 Answers | Asked in Adoption, Child Custody, Child Support and Family Law for Florida on
Q: I received two letters. In shock. First letter states F.S. 742.021(2). Second support. Meaning?

I know nothing about a child conceived 12yrs ago

Jean Richardson
Jean Richardson answered on Mar 17, 2020

742.021(2) has to do with determination of paternity. Without seeing the letters, I'm assuming someone is claiming you are the biological father of a child and you are being sued for child support.

View More Answers

1 Answer | Asked in Child Support and Family Law for Florida on
Q: What is considered as a child “in need” of daycare ?

Current agreement says “as long as child is in need of daycare” I no longer need him to go to daycare as they don’t either when she can be with me. However they want me to continue paying for half for the two days when he could be spending that time with me.

Jean Richardson
Jean Richardson answered on Mar 12, 2020

"As long as child is in need of daycare" is rather vague. If the child is in daycare and you have contracted to pay half, then you have an obligation to pay your half. If there is no daycare expense, you should not have to pay. If you and the other party are able to communicate, you... Read more »

1 Answer | Asked in Child Support and Divorce for Florida on
Q: Why is it so hard to figure out child support?

Spouse filled out the worksheet and it seems very wacky. Somehow he calculated it as $60 bucks per kid. He makes about 6K a month and I make about 9K. He will have them for the weekends, though they rarely go over (they are teenagers) would rather hang with friends. I pay health insurance of about... Read more »

Jean Richardson
Jean Richardson answered on Mar 12, 2020

You should have discovered to each other your financial affidavit. This document will show his and your net income. Once you have a financial affidavit and an idea of how many days per wee/month each of you will have the children among other factors, you can calculate child support amount using the... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Small Claims and Products Liability for Florida on
Q: If somone where to charge someone’s credit card without there permission or Pryor authorization what would happen

If someone charged my visa credit debit card without Pryor authorization the amount being $700.00 usd what could would should happen to said person?

Jean Richardson
Jean Richardson answered on Mar 6, 2020

The person can be charged with fraudulent use of credit card. You should immediately notify your credit card company if your card was fraudulently used. In addition, you can contact the local authorities if you desire prosecuting this person.

1 Answer | Asked in Child Support for Florida on
Q: So if it’s the right child for child support could I transfer property over to children for past due child support?

And could property’s value go towards future child support?

Jean Richardson
Jean Richardson answered on Mar 5, 2020

Why don't you sell the property and pay your current and future child support? Child support is typically paid with currency. Sounds like you're not paying through the state. If that is the case, if the other parent is willing to accept the property and convert it into cash for child... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.