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Questions Answered by Jean Richardson
1 Answer | Asked in Divorce and Tax Law for Florida on
Q: Middle of a divorce...can my husband steal our entire tax refund after promising in written email half our refund?

My soon to be ex husband begged to file tax return jointly in January as soon as he got his tax documents. I expressed I didnt trust him, and that he would steal money from me. He told me I was crazy psycho for thinking that. He sent a written email stating he would write a check for 50% of our tax... Read more »

Jean Richardson
Jean Richardson answered on Feb 18, 2020

No, it doesn't sound right. You filed a joint return, you are entitled to a portion of the refund. The joint return is marital property. You should consult with an attorney since he has one. Your attorney can see to it that you are treated fairly and equitably. Good luck!

2 Answers | Asked in Domestic Violence and Family Law for Florida on
Q: What are some common things a judge will require a parent convicted of domestic violence to complete.

My son has a misdemeanor DV battery conviction (10/2018), and a violation of DV injunction conviction (6/2019) both against the mother of his 4 yr old son. He has not had any contact with his son in about 19 months due to this. I was doing some research & I see Florida has a “rebuttable... Read more »

Jean Richardson
Jean Richardson answered on Feb 18, 2020

If your son was ever on probation for any of the charges, he should have been ordered to complete a batterer's intervention class and anger management. If he has not completed any of those, he probably should. Also, he may want to consider completing a parenting class. Best of luck!

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1 Answer | Asked in Traffic Tickets for Florida on
Q: Hii I got stopped by the police for driving without license He gave me a ticket and said I have to appear in court

I went to court the judge gave me a certain amount of days to get my license they said when I reappear back in court and I have my license they are going to dismiss the ticket what if I didn’t pass the driving test or exam and didn’t get my license What will happen when I go back to court will... Read more »

Jean Richardson
Jean Richardson answered on Feb 17, 2020

If the officer was extremely nice and chose to charge you with a failure to display, then it is a civil infraction. Therefore, no jail involved. It sounds like you were charged with a second degree misdemeanor driving without a valid DL. If that is the case, you face up to maximum 60 days in jail.... Read more »

2 Answers | Asked in Divorce for Florida on
Q: How much would it cost for a divorce and neither party wants anything from the other
Jean Richardson
Jean Richardson answered on Feb 17, 2020

It depends. Do you have kid(s)? Even though you don't want anything from each other, are there property to be divided? If there are no kids, no property, then it is a simple dissolution. Some attorneys have flat fee retainer and some will still charge an hourly rate. If it is a truly simple... Read more »

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2 Answers | Asked in Child Support for Florida on
Q: I have a child support order in Florida. I have been paying onlinr.every 2 weeks religiously.

But for the past year I have been paying her directly. If she writes a letter to child support will that be enough for credit?

Jean Richardson
Jean Richardson answered on Feb 17, 2020

Sure, a letter should be sufficient. However, I would recommend an affidavit that is signed and notarized. Good luck!

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2 Answers | Asked in Immigration Law for Florida on
Q: Someone wants to come to us from Italy what needs to be done
Jean Richardson
Jean Richardson answered on Feb 14, 2020

Please be more specific. There is not enough information to formulate a proper answer to your question. Is this a relative (brother, sister, mother, spouse, etc.)? Is this an employee? Immigration law can be complicated and extensive.

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can my ex wife sell a vehicle that still had her name on it but I was given 100% ownership in the divorce
Jean Richardson
Jean Richardson answered on Feb 13, 2020

If the cmfinal order gave you the property right, she is in contempt for violating the order. You would have to file an appropriate motion to hold her in contempt of that final order.

1 Answer | Asked in Child Support for Florida on
Q: Divorced in GA 2015. Ex-wife now lives in SC Need to make a CS Mod...do I file in SC or original divorced state, GA?

Also, the CS Mod I’d like to attempt to make is this. I’m on disability, in turn my son gets his own stipend as I’m sure you’re aware. It was agreed on between she and I that I didn’t need to write her a check every month , as, not only would my son’s stipend from my SSDI cover my CS... Read more »

Jean Richardson
Jean Richardson answered on Feb 13, 2020

Did your ex domesticate the GA order in SC? If yes, you must file in SC. I'm licensed in FL so, you should call an attorney in GA or SC for either state's substantive law dealing with child support. My experience in FL, even if she did not register the order in SC, if she's lived... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: My ex-girlfriend is attempting to get her Probation moved out of state while she is pregnant with my child.What can I do

She has refused a paternity test while Pregnant. I attempted to talk to the probation officer. He didn't really tell me anything besides he can't confirm or deny what she is trying to do. She has blocked my number and blocked me on all social media outlets. I found this out through her... Read more »

Jean Richardson
Jean Richardson answered on Feb 13, 2020

Your question leads to more questions. How far along is she? First, if she wants to move her probation to another state, the judge on her case must approve the move. If the judge is OK with it, there's nothing you can do to stop her from moving. 2nd, if she is still in the early terms of... Read more »

2 Answers | Asked in Child Custody, Divorce, Family Law and Domestic Violence for Florida on
Q: Is grabbing a child by the arms squeezing, shaking them and threatening them considered corporal punishment?

In Sept 2019 I had to file injunctions against my ex husband and his fiance and contact CPS regarding Physical Child abuse. The father admitted of having knowledge and the fiance admitted to the abuse. The injunction agreement is good till April 2020. The terms agreed on were; no corporal... Read more »

Jean Richardson
Jean Richardson answered on Feb 13, 2020

Yes. Her behavior is certainly inappropriate and even criminal. Were there any bruises on your child's arm(s)?

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2 Answers | Asked in Child Support for Florida on
Q: Can you request child support when the respondent files to modify an injunction?

I have had a permanent injunction against my ex boyfriend since July 2018. I did not ask for child support when I got that injunction. He has now filed to modify the injunction so he can see our son (our son is on the injunction), and I’m wondering if at this hearing I can ask for child support?... Read more »

Jean Richardson
Jean Richardson answered on Feb 12, 2020

You have to file a petition for child support. There are guidelines the court must consider prior to awarding child support. I strongly doubt the judge will consider your request for child support at an injunction hearing.

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3 Answers | Asked in Child Support for Florida on
Q: Can I request temporary child support during a paternity proceeding?

My ex bf has filed to establish his paternity, and we have an upcoming hearing. I wanted to know if I can request temporary child support while this case is pending? He has not seen our daughter in over a year & nor has he sent any money to help support her and child support had been unable to... Read more »

Jean Richardson
Jean Richardson answered on Feb 12, 2020

Yes, you can request temporary child support pending a final order in the case.

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: Desperate for justice ! I need enforcement and modification- I am now in FL divorce was in AL.

My ex husband (prior military) got out of the military during divorce to avoid pay being garnished. (He always said he Refuses to pay me to raise our kids). So his CS was based off min. Wage for 3 special needs children. He took everything we owned in the divorce (before finalized). I moved to Fl... Read more »

Jean Richardson
Jean Richardson answered on Feb 12, 2020

Did you register the child support order in FL? If yes, the Department of Revenue should have garnished his wages if he has a job/income deduction order. The amount of child support is going to be based on his income. If he is only making minimum wage, you are not going to get much regardless the... Read more »

2 Answers | Asked in Child Support for Florida on
Q: Am I responsible for retroactive child support while I was incarcerated?

I broke up with my ex girlfriend July 2018 and in January 2019 I was sent to jail until July 2019. Back in January of this year I was served with an administrative order to establish child support. I completed the paper work & turned it back in in time. Yesterday I just received a proposed... Read more »

Jean Richardson
Jean Richardson answered on Feb 12, 2020

The statute does not make an exception for incarceration. Typically, the state will ask that you pay retroactive child support for up to 24 months. The back child support can be paid via lump sum or payment plan. The fact that you were incarcerated is immaterial because you are paying now and going... Read more »

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1 Answer | Asked in Child Support for Florida on
Q: My husband received a summons for a Request for Admissions for a new child support case.

His daughter is now 10 yrs old. Paternity wasnt established until 2016 and he was then added to the birth certificate. The mother didnt show up to court so no child support payments were ordered. Now she is requesting a modification and wants retroactive child support from the date the child was... Read more »

Jean Richardson
Jean Richardson answered on Feb 11, 2020

Retroactive child support only goes back 2 years from the date she filed the child support action in the state of Florida. Therefore, she will not succeed in asking for arrears from the child's DOB.

1 Answer | Asked in Criminal Law for Florida on
Q: If I was sentenced by judge 54 months in the prison turned it into four years and 6 months is there a difference
Jean Richardson
Jean Richardson answered on Feb 11, 2020

4 years and 6 months is equal to 54 months. No difference.

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: The children were taken from the mom in Hillsboro co they live with us in Broward where woukd mom file to get them back

I have permanent custody now where does she file for her custody back

Jean Richardson
Jean Richardson answered on Feb 11, 2020

She can file in either county. You mentioned the children were taken from her in Hillsborough county, this leads me to believe that there were court actions in Hillsborough for that to have happened. Venue would not be improper in Hillsborough if that is the case. If the children have been with you... Read more »

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1 Answer | Asked in Immigration Law for Iowa on
Q: Is there such a thing as a free attorney for an immigration issue? Didnt know.if they had court appointed ones or not?
Jean Richardson
Jean Richardson answered on Feb 8, 2020

Unfortunately, the government does not provide "free attorney" for immigration cases. If you cannot afford to hire a private attorney, you have to represent yourself in immigration court. You may be able to get legal aid to represent you if you qualify.

1 Answer | Asked in Child Custody for Tennessee on
Q: My husband has a custody trial in a few days. His ex girlfriend has texts of myself and my husbands mom she plans to use

My husbands mom sent her snapshots of texts between myself and his mom when in a heated argument. Will his ex be able to use these in court if my mother in law is not there to testify? Or will it be considered hearsay? Can texts be used from anyone not there to testify even if there are snapshots?

Jean Richardson
Jean Richardson answered on Feb 8, 2020

You're correct, the texts are hearsay. I'm assuming you're a party opponent. Under some circumstances, communications from a party opponent can be considered admissions. In this case, I don't see how that exception to hearsay applies.

3 Answers | Asked in DUI / DWI for California on
Q: Can DUI charges be based off accusations from two eye witnesses after an accident w/ no police involvement?

Here is the scenario in question:

Person A rear ended Person B going maybe 15 mph, no damage to person b car (only person a car sustained damage), person b accused person a of being intoxicated, then another person (person c) who saw it said they would act as a witness for Person B. Person... Read more »

Jean Richardson
Jean Richardson answered on Feb 8, 2020

For someone to be charged with a DUI, law enforcement has to be involved. Eye witnesses can always testify to their observations and whether they smell alcohol or not. LEO must conduct investigation. For instance the responding officer or DUI unit would request field sobriety exercises and breath... Read more »

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