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Questions Answered by Jean Richardson
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 »

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 »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: My fiancé has a son who is 12 yrs old and lives with his mother in Puerto Rico.

My fiancé who uses my address in FL, but is only in FL 3-5 days out of the month since he started working as an independent contractor and drives all over the states. He was married to the mother of his child for 3 months in PR, they got divorced and a child support was established. After the... Read more »

Jean Richardson
Jean Richardson answered on Feb 28, 2020

The support order was registered/domesticated in the county where you live. Is your address on his driver's license or did he provide your address as his home of record. Regardless, since the order is now registered in FL, his wages may be garnished by the FL Department of Revenue for child support.

4 Answers | Asked in Criminal Law for Florida on
Q: MY GRANDSON IS CHARGED WITH CRUELTY TOWARD A CHILD - ABUSE CHILD WITHOUT GREAT BODILY HARM
Jean Richardson
Jean Richardson answered on Feb 27, 2020

A person who knowingly or willfully abuses a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree. Meaning, your grandson faces up to 5 years in prison if convicted on this charge. Is your grandson a juvenile? If... Read more »

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3 Answers | Asked in Car Accidents, Criminal Law and DUI / DWI for Florida on
Q: If you’re in a single vehicle car accident & you hurt yourself bad do the cops automatically test for alcohol?

My brother crashed his car into the woods & was taken to the hospital. He totaled the car too & he has been in the hospital for 5 days now. Do the police automatically test your blood for alcohol in these scenarios? He was the only person in the car & the only person injured.

Jean Richardson
Jean Richardson answered on Feb 25, 2020

When you are transported to a hospital under such circumstances, the medical staff will do a blood draw in order to provide the necessary care/treatment. There are situations when police officers may request a blood draw during a DUI investigation. However, if the medical staff is doing one anyway... Read more »

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2 Answers | Asked in Domestic Violence for Florida on
Q: Me and my baby daddy have a domestic violence case. A while back he pushed me and I called the police.

That's how we got the domestic violence case. He just went to jail again recently for a warrant for the domestic violence case. I wanted to know could I write him letters or go see him while he in jail. Or I can't have no contact with him at all. It happened in Haines City Florida

Jean Richardson
Jean Richardson answered on Feb 25, 2020

If there is a no contact order in place, you have to file a motion requesting contact with him. Depending on the facts, the State may object. The judge will have to decide.

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1 Answer | Asked in Traffic Tickets for Florida on
Q: I received a Tix for no registration. Was unable to get it because my DL recently expired. Have been trying to get my bb

Birth certificate for three months now. Even though I've been licensed in FL for 36 yrs because of new laws implemented I have to provide my birth certificate, ss card, etc. I only realized that my license had expired two weeks after the fact when it was brought to my attention by a security... Read more »

Jean Richardson
Jean Richardson answered on Feb 25, 2020

Did you have an attorney? Did you plea "no contest"? Typically, you have 30 days to appeal. If you are within 30 days of your sentencing, you should consult with an appellate attorney. Good luck!

2 Answers | Asked in Domestic Violence for Florida on
Q: Can I plead the 5th in a dv case that is very traumatic?

Subpena issued for me to give a statement in dv case against my ex who is in county jail. The emotional stress that I am going through is the worst with anxiety, sleep deprivation due to nightmares, agitation, panic attacks......I can keep going but no need. I do not want to say anything, I just... Read more »

Jean Richardson
Jean Richardson answered on Feb 25, 2020

There should be a victim's advocate assigned to the case that you can talk to and express your concerns. Most likely, he or she will try to convince you that it is in your best interest to cooperate so that justice can be served. You have to decide what is in your best interest. I don't... Read more »

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2 Answers | Asked in Criminal Law for Florida on
Q: Is it illegal to rent a rental car under your name for someone else
Jean Richardson
Jean Richardson answered on Feb 24, 2020

Lots of questions come to mind: why can't this person get his own rental? Does he or she have a valid DL, etc.? A rental car contract is a civil matter. It can turn criminal if you fail to return the car, you can then be charged with a felony. Typically, rental car companies want to know who... Read more »

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2 Answers | Asked in Family Law and Child Support for Florida on
Q: Can I charge the father of my grandchild rent as I will be housing his child after abandoning my daughter

My daughter is currently finishing her degree and has not worked so my husband and I will be helping her raise the child

Jean Richardson
Jean Richardson answered on Feb 24, 2020

No. However, your daughter can file a petition for child support against the father. Your daughter is living in your house, he is not.

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1 Answer | Asked in Child Custody for Florida on
Q: paying child support through the court system, do you have a right to know where your children reside & go to School?

Even if you're behind in child support?

Jean Richardson
Jean Richardson answered on Feb 22, 2020

Yes, you have a right to know. You should also do your best to be timely in your support obligations. If your support order did not establish time sharing/parenting plan, you need to get one done.

3 Answers | Asked in Divorce for Florida on
Q: I'm filing for divorce. Do I have to mention my child that is not from my husband in divorce papers?

I'm filing for divorce. My husband is not a biological father of my child that was recently born. He knows that and already signed affidavit of non-paternity. He is willing to get divorce as much as I do. We don't have assets or debt to divide. The lawyer suggested not to mention the... Read more »

Jean Richardson
Jean Richardson answered on Feb 22, 2020

If a child was born during the marriage, the child is presumed to be of the marriage. However, your husband can overcome that presumption by DNA test and or you both will have to file an affidavit of non-paternity. The court will want to know who the biological father is. Best interest of the child... Read more »

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1 Answer | Asked in Child Support for Florida on
Q: How much money will she receive for three kids but I’M unemployed
Jean Richardson
Jean Richardson answered on Feb 19, 2020

The formula uses both parties' income. A judge or the department of revenue will impute minimum wage on you if you are unemployed. The final amount depends on many factors in the child support guidelines such as, how many days a week the children are with you or her, etc.

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: is it illegal not to tell the baby’s father the unborn child’s gender?

Me and the baby’s father aren’t together and were never married. He had a lot of issues as in mental, money, probation, he was aggressive and manipulative,etc. I decided it was best for me to leave him and take care of myself and my pregnancy since he wouldn’t become responsible. I hadn’t... Read more »

Jean Richardson
Jean Richardson answered on Feb 19, 2020

No, you don't have to share that information right now. Lots of people choose to delay knowing till the baby is born.

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