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Questions Answered by Jean Richardson
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 necessarily... 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.

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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 should discuss... 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 support, then... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: Hello, I live in Florida did taxes and was taken for a child in pr that idk if its mine and I cant get mother to do test
Jean Richardson
Jean Richardson answered on Mar 5, 2020

You will have to file a court action to determine paternity in PR.

3 Answers | Asked in Divorce for Florida on
Q: I want to divorce my husband. Is it best to file for child support first.
Jean Richardson
Jean Richardson answered on Mar 5, 2020

If you're ready to file for divorce, the child support issues will be addressed in the divorce proceeding. Best of luck!

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2 Answers | Asked in Child Custody and Family Law for Florida on
Q: Filed for custody, mother replied but didnt reply with right paperwork. Can I still file for default?

We have a three year son whom I filed shared legal and physical custody of in October. She finally replied and wants sole custody but only filed a parental plan and financial affidavit. Can I file for default since she didn't file all required documents and mail them to me?

Jean Richardson
Jean Richardson answered on Mar 5, 2020

If you are both "pro se", the judge may be a little more lenient if she filed a document within the 20 days she had to respond. You can move for a clerk default, however, you have to file for an order of final judgment on the default.

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1 Answer | Asked in Child Support for Florida on
Q: How do I go about having my child support reviewed? I believe they have been withholding too much according to my decree

I have my payment records. And decree.

Jean Richardson
Jean Richardson answered on Feb 28, 2020

The child support order or decree should state exactly what the amount is. You should not have to guess what is coming out. You can call the Florida Department of Revenue but chances are you will not get much help over the phone. There are local offices that you can stop by to discuss your case.... Read more »

4 Answers | Asked in Criminal Law for Florida on
Q: Hello , my friend got charge of theft of $200 and he never got arrested before can you please tell what will he be charg
Jean Richardson
Jean Richardson answered on Feb 28, 2020

Your friend will be charged with a first degree misdemeanor petit theft since the amount is more than $100.00 but less than $300.00. He faces up to one year in jail or 12 months of probation if convicted. If this is his first, he may be eligible for pretrial diversion program. Your friend should... Read more »

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1 Answer | Asked in Child Support for Florida on
Q: How is child support calculated when the non custodial parent is Temporary not working due to a car accident.

2 weeks ago I applied to put my ex boyfriend on child support. The case is not open yet as they said it takes about 20 days to open it. 5 days ago he got in a car accident totaling his car and he just got out the hospital today but will need hip surgery. Prior to the car accident he was working... Read more »

Jean Richardson
Jean Richardson answered on Feb 28, 2020

The Department of Revenue will send him a notification that you have filed for child support. In that packet, DOR will ask for pay stubs and income tax documents. If he is currently unemployed, DOR will most likely impute minimum wages on him. If he was working full time for a company, there should... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can my spouse remove themselves off our co-signed rental lease without my permission during an open divorce case?

Also stopped paying utility bill. Can I file contempt or what other type of filing can I use to notify judge?

Jean Richardson
Jean Richardson answered on Feb 28, 2020

A person can be held in contempt of court if he/she violates a previous order specifically directing him/her not to do a certain thing but does it anyway. Was there a previous order directing him/her not to do these things? Otherwise, why would he/she needs your permission to remove their name off... Read more »

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