Randi Joy Silverman’s Answers

Randi Joy Silverman

Johnstown Family Law Attorney.

Contributor Level 16
  1. With a no fault divorce, can I now still request part of his retirement?

    Answered about 1 year ago.

    1. Randi Joy Silverman
    2. Susan J. Vandegrift
    3. David M. Axinn
    4. Scheherazade B Rastegar-Djavahery
    4 lawyer answers

    Yes. The equitable distribution issue will be addressed as part of the no-fault divorce. You should consult with an experienced family law attorney.

    9 lawyers agreed with this answer

  2. What happens next after receiving the defendant's counter claim/answer in divorce?

    Answered over 1 year ago.

    1. Randi Joy Silverman
    1 lawyer answer

    Filing an Answer and Counterclaim does not result in the scheduling of a hearing. You need to have a divorce Master appointed to your case and he/she will schedule a conference and/or hearing. In some counties, you only need to pay an administrative fee and in other counties, you must presenta Motion before the court. Also, you may not be able to move your case forward at this time if you have not been separated for two years and you are unable to prove that your wife committed grounds...

    9 lawyers agreed with this answer

  3. Do I receive less child support if my ex decides to move somewhere more expensive?

    Answered about 1 year ago.

    1. Randi Joy Silverman
    2. Josef Arthur Hirschmann III
    3. Paula Brown Sinclair
    4. William Ray Pelger
    4 lawyer answers

    I agree with my colleagues. Everyone has normal living expenses. Unless he has extraordinary or unusual fixed monthly expenses, the court will not take his bills into consideration. Also, if he voluntarily increased his expenses after the support order was entered, you should raise this at the hearing. It would be wise to hire an attorney.

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  4. Do I need an attorney for this?

    Answered 10 months ago.

    1. Randi Joy Silverman
    2. Kathryn L. Hilbush
    3. Jeffrey Stockton Helffrich
    4. Lee Alan Thompson
    4 lawyer answers

    When parties do not have attorneys in these situations, it is not unusually for there to be problems. Now, you will need to retain an attorney to review the agreement and to determine whether the discrepancies can be resolved or whether litigation is necessary.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Affidavit of Consent to Divorce.

    Answered 11 months ago.

    1. Randi Joy Silverman
    2. Rebecca Anne Myers
    3. Eric D. Strand
    3 lawyer answers

    The Affidavit is only good for 30 days. If the Adfidacit is dated and it was not filed, it is no longer valid. You will need to sign a new one.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. How can I figure out if my husband should be able to have the kids unsupervised or not, and if he may get dangerous?

    Answered 12 months ago.

    1. Randi Joy Silverman
    2. Mark M. Medvesky
    3. Christopher Daniel Leroi
    3 lawyer answers

    Since his custodial time is minimal as it is and there is no real history if violence, it is unlikely that the court will further reduce his contact. However, in situations where one parent may have a metal health problem, a professional opinion is needed to confirm that there is a real concern. That being the case, family counseling is an effective means of monitoring his conduct. Also, you will have someone available to mediate if you cannot come to an agreement on certain points.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Divorce and foreclosure

    Answered about 1 year ago.

    1. Randi Joy Silverman
    2. Susan J. Vandegrift
    3. Diana Corinne Schimmel
    3 lawyer answers

    If he has stopped making payments towards the home, you may be able to file for spousal support although the two of you are still living in the house together. You should discuss this matter with an experienced family law attorney. You cannot sue him for the equity of the home. However, you can address this issue through the divorce proceedings. If you have not already filed for divorce, you may want to do so and then file a Petition for Special Relief asking the Judge to enter an...

    8 lawyers agreed with this answer

  8. Do you have to notify your ex when you move if there is a PFA?

    Answered over 1 year ago.

    1. Randi Joy Silverman
    2. Todd Adam Spivak
    3. Lidia L. Alperovich
    4. Penelope A. Boyd
    5. Wesley W Legg
    5 lawyer answers

    If you had a custody order in place prior to the PFA, you should check with a local attorney to determine whether the Judge will require you to file a Notice of Relocation and Petition even if he has not contact with the children via re PFA.

    8 lawyers agreed with this answer

  9. Protection From Abuse

    Answered over 1 year ago.

    1. Randi Joy Silverman
    2. Stewart C Crawford Jr.
    3. Joseph Patrick Lesniak
    3 lawyer answers

    There is no requirement that you file for child support in order to file for a PFA order. Most counties have a domestic violence center or victim's services agencies that can provide you with moral support. If you decide to file a PFA, you need to act quickly. Most legal aid services will file the PFA for you free of charge or you can file it yourself.

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  10. My husband bought a house a few months after our separation if we file for divorce after many years will have money from house

    Answered 11 months ago.

    1. Randi Joy Silverman
    2. Kathryn L. Hilbush
    3. Susan J. Vandegrift
    3 lawyer answers

    If the house was purchased after the separation, it is likely not marital property, but you should speak to an attorney for more specific advice. If you are not receiving the amount of support that you are entitled to, you should file a Petition to see if you can increase the amount. Again, you should speak to an attorney.

    7 lawyers agreed with this answer