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Randi Joy Silverman

Randi Silverman’s Answers

1,188 total


  • I have been telling my husband to get out for 6 months, can I legally put him out. we don't own the home it belongs to my dad.

    he is a drunk but only mentally abusive, never physical

    Randi’s Answer

    It depends on whether there is a written lease and who is on the lease. If there is no written lease, your father can evict your husband with 30 days notice. Your father should speak to an attorney who handles landlord/tenant cases.

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  • In Altoona, Pa what age can a child say she doesn't want to see a parent and choose who she wants to live with.

    My child is 13 and is so afraid of her father and I cant afford a attorney but he can. She doesn't want to have to see him and I don't know how to help. Its got to the point where is tried to run away to not have to go to his house. threaten to hu...

    Randi’s Answer

    It is a common myth that there is a set age in the law when children can decide which parent that they want to live with. Under the law, the court must consider the child's preference, but it is not obligated to do as the child wishes. It is only 1 of 16 factors that the court must consIder. However, the older and more mature the child is, the more weight the court generally gives to their preference. You will need to speak with an experienced family law attorney in your area for more specific advice.

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  • Can a wife of 33 yrs..With a disability of MS collect/draw from the husbands pention at the age of 55 if he filies for divorce

    My husband of 33 yrs decided he wanted to leave our marriage,,because of being unhappy from my illnesses.I wasn't able to tend to the wifely duties..it became abusive and I had to leave our home. He refused to pay on the home,it went for short sal...

    Randi’s Answer

    There are several complicated issues that cannot be properly addressed on this site. You will need to speak to experienced family law attorney in your area who is also familiar with social security disability issues. An attorney may have been able to force your husband to pay the mortgage in order to avoid the short sale problem, so before the situation further deteriorates, you need legal advice. Concerning his pension, whether you can collect a share of his pension at 55 depends entirely on the terms of the plan in which he participates. Typically, the earliest retirement age in which a person can begin to receive benefits is age 65, but some plans provide for payments at an earlier age or after a certain number of years of service.

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  • Can I modify an old marital settlement agreement (MSA) and/or QDRO and is it in my best interest to do so?

    Our MSA is 8 years old and there has been no action on it because my Ex disagreed with the way the retirement accounts were calculated in the QDROs. In the MSA it does't state that the calculation is from date of marriage to date of separation, bu...

    Randi’s Answer

    I agree with Attorney Hilbush that you will need to consult with an experienced family law attorney as your situation is complicated and you will not likely be able to resolve this on your own. You cannot modify an MSA without her consent, so you will need to determine whether the court can intervene. It is never wise to let these problems sit for years.

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  • Is there a statue of limitations on how long u are seperated and still get half of the marrital property

    My wife left and said she is not getting a devorce

    Randi’s Answer

    No. There is no Statute of Limitations, but you can get divorced without her consent if you are separated for two years or sooner if she has committed grounds for divorce. You should speak with an experienced family law attorney for more specific advice.

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  • After 33 yrs my husband wants a divorce..I had to leave the house because of abuse issues, Do I have rights?I'm disabled !

    Should I file for divorce before him ? I've have MS since 2005. Been through,mental & Phyic abuse. While I left our home..He refused to pay our payments & our home went for short sale.

    Randi’s Answer

    You most certainly have rights, but the question of whether you should file for divorce cannot be answered without having substantially more information. Often, it is not wise to file for divorce when you are financially dependent on your spouse, but you should discuss this matter with an experienced family law attorney.

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  • SPOUSAL SUPPORT

    I WAS WONDERING IF A SPOUSE IS RECEIVING SPOUSAL SUPPORT AND DATEING OTHER PEOPLE WHILE THE DIVORCE IS PENDING IS THERE ANYTHING I CAN DO TO HAVE IT MODIFIED OR STOPPED.

    Randi’s Answer

    It is unlikely that you can stop the support payments based on the facts of your question. If she is cohabitating (living with) with another person and you can prove it, you may be able to terminate the payments, but you should speak to an experienced family law attorney, as she may still be eligible to file for alimony pendente lite. Am attorney can advise you as to whether it is worthwhile.

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  • In 50/50 custody 1 parent can't file because they didn't work. Does other parent have to give the parent who can't file anything

    My husband has 50/50 custody his ex can't for taxes if he claims his kids does he have to give her any? She hasn't worked an can't file and their is nothing in the agreement about taxes.

    Randi’s Answer

    You didn't indicate whether you are married to the other parent. If you are married, you can file a joint return if the other parent is willing. If you are not married and you have shared custody on an equal basis, you need to speak to an accountant to see if you qualify to file for Head of Household. If so, you will be eligible for several tax benefits. Generally, Ina shared arrangement, the parent with the highest adjusted gross income will be the only parent who is permitted to claim the child as a dependent

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  • Is my wife intitaled to half my income tax retern

    She left me the 26th of nov and wants half of it

    Randi’s Answer

    If you filed a joint return, the refund is marital property. If you don't split it with her now, she will be entitled to credit for her share when the property distribution takes place.

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  • Can my children be taken from there mother and placed in my care if she does not have bedrooms or beds for them all

    she is liveing in a 2 bedroom trailer with her parents and there are 7 people that live there

    Randi’s Answer

    There is no clear cut answer. I think that it will depend on other factors, such as, do the children have their own beds, is the trailer safe, properly heated, etc. I would not rely on that one factor alone, but you should speak to an experienced family law attorney in your area for more specific advice.

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