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Allan E Richardson

Allan Richardson’s Answers

773 total


  • With a mediated divorce settlement filed and the finalization not complete.can an alimony income modification be agreed b4 final

    MediAted divorce settlement was in January defendant quit job and took a new job in May before the divorce is final. Can an inxome modification be part of the finalization? Or does the divorce have to be final and then an alimoney inxome modific...

    Allan’s Answer

    You should consult with an attorney regarding a modification given the amount of the income. The other issue that you may encounter is that you quit the first job to take a second job with a lower base salary which may become an issue for you. A court might find that you are capable of earning more than you are currently earning and hold you to paying at the original income amount.

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  • I'm writing an expose. I'd like to have mediation w/ the org. in question so that the book can be published. Is this ever done?

    This is an involved book about my own experience as caregiver at a nursing home. I give details about the good services offered, which set the facility as an example. I also point out some shortcomings of the system. The intention is to raise a...

    Allan’s Answer

    It sounds like you should consult with an attorney about negotiating a deal for you. If there is anything in the book that will reflect negatively on the nursing home and it could be recognized, it likely would be opposed for liability reasons, among others. It is possible that you could negotiate a deal that would require some modification of your book in exchange for their publication agreement. Likely they will want something from you in exchange for their agreement. An attorney can handle the negotiations for you.

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  • Live in ca.have joint custody.seeking physical of my 7yr old daughter.going to mediation.what should i bring/provide to help me.

    ex does not work, always living on edge financially.i provide child support, all medical,dental,vision.i am married have a stable home.

    Allan’s Answer

    You will want to be prepared with all information that you have that would support why it would be in the best interests of the child to have custody transferred to you. Often courts prefer to keep custody with the parent who was originally awarded it absent extenuating circumstances. The fact that the other parent does not have a high income will not count against that person, however you should be prepared to provide examples of what you mean by “living on edge financially.”

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  • Do I need a lawyer for child visitation court on Monday if i dont agree with Mediators recommendations?

    My ex, my childrens father, has had a problem with drug abuse. Its the main reason I kicked him out while i was going through chemo treatments. After mediation 7/31/15, a meth pipe fell out of his pocket in the parking lot right in front of me! Af...

    Allan’s Answer

    Given the importance of custody and visitation matters and the adversity between you and the other parent, you should consult with an experienced family law attorney who can advise you on your legal rights and obligations and represent you in court proceedings.

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  • Court

    in texas if you go to mediation for custody agreement and reach agreement do you go to trial of merit still

    Allan’s Answer

    If you successfully reach an agreement in mediation then you do not need to go to trial. The general idea of mediation is that parties can determine their own terms so that a Judge does not need to make the decision for them. Typically you would then have an attorney draft the custody agreement and present it to the court for review and issuance in an order.

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  • Normal fee a lawyer can get from your settlement if you didn't go to court settled case in mediation

    Hi my NAME IS JERMAINE MY WIFE WAS IN A CAR ACCIDENT IN STATE OF FLORIDA AND HER BACK WAS INJURED but IT WAS A 6 CAR WRECK SO LAWYER SAID SHE WOULD RECIEVE BUT 3000 and that the doctor fees would get that .BUT TO MAKE A LONG STORY SHORT HE TOLD ME...

    Allan’s Answer

    Your retainer agreement with the attorney covers the fee. You should review the agreement. If you do not have your copy, you can request a copy from the attorney as you are entitled to be given a copy of anything in your file upon request.

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  • Can I ask a pregnant independent contractor to supply a letter from her doctor specifying the date she must stop working?

    She has given me a date that I think is unrealistic (I doubt she can work that long, she's having twins); she works on regular clients for me, I need to be sure that work is covered and would like some assurances from her doctor about the date. I...

    Allan’s Answer

    I agree with my colleagues and only wish to expand on one issue. The facts of the relationship between your company and her will determine whether she is viewed, as a matter of law, as a contractor or as an employee. If the facts show she is an employee, you could face significant liability. One of the fastest-growing areas of employment litigation center on misclassification of employees as independent contractors. I suggest you consult with an experienced employment lawyer. As a general proposition, if you are running any sort of business in New Jersey, you owe it to your self to have a relationship with an employment attorney who understands what you do and how you do it. Good luck.

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  • Does taking multiple selfies while driving with your 3 yr old & 1 yr old constitute child endangerment? Statute of limitation?

    I was just cleaning up an old computer and found that my spouse took about 60-90 selfies while driving our 3 year old and 1 year old. You can clearly see that the car is moving as the background is changing and the photos are all dated and time-s...

    Allan’s Answer

    Whether taking selfies while driving with children rises to the level of child endangerment or not is not clear, however it is certainly not a good idea. You should keep the evidence. In a custody determination all evidence concerning care of the children is potentially relevant, nevertheless evidence from 2012 may not be recent enough to be especially relevant. People can change a great deal in three years.

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  • What constitutes "comingleing"? I am going through a divorce and I have inherited several investments from my grandfather.

    Most of it is tied up while the estate gets settled. However, some has been cleared and the funds are available to me. I am completely broke as my soon to be ex is playing games, not paying bills, etc. My lawyer is working on getting to the botto...

    Allan’s Answer

    You should speak with your attorney as he knows your case best. However, generally if you deposit an inheritance into an account that you use or have used for joint household purposes, that would be considered comingling.

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  • As a juvenile I was charged with possession of a firearm and conspiracy ending with it being dismissed. Can I purchase afirearm?

    Truthfully I was not caught with anything. My friends at the time said I was part of the foolishness so I was arrested at my home. Out of the 3 of us one was actually caught with the firearm. Worse part about this story they got arrested at school.

    Allan’s Answer

    If the case was dismissed then you do not have a conviction that would prevent you from possessing a firearm. Unless there are other disqualifiers then you should be eligible to purchase a firearm.

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