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Randi Joy Silverman

Randi Silverman’s Answers

1,194 total


  • 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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  • Can my wife sigh her custody of our children over to her parents when we have a shared custody agrement

    She is useing drugs and scared that I'm going to take them from her

    Randi’s Answer

    No. She cannot sign the children over to her parents. If you have evidence that she is using drugs, you need to speak to an experienced family law attorney so that he/she can advise you as to your options to protect the children.

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  • My friend has custody of a non-family member and the child has moved back in with her parents. How does she terminate custody

    she has to terminate for legal reasons so she's not held liable for the child breaking the law

    Randi’s Answer

    Your friend will need to meet with an experienced family law attorney to revise any Custody Orders that are currently in place so that she is no longer responsible for the child.

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  • How would i get custody over myself in a serious situation?

    I am 16, my mother is dying of cancer and i have a father who cannot hold custody over me. I have a friend who says she will help me with a place to live, my mother doesn't like this idea. Because of this i am planning on waiting until she passes ...

    Randi’s Answer

    I would suggest that you check with the Centre County Legal Aid office to determine whether they handle emancipation cases as you may qualify for free legal services. If not, check with the Centre County Bar Association to see if they have a list of attorneys who will represent people for free or reduced fees in emancipation cases. You will need to hire an attorney who practices in Centre County to help you with your case so that you will be prepared to file the Complaint when you are ready. If Legal Aid and the Bar Association cannot help you, ask for a referral. Good luck!

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  • PFA on dad in sept he consent to have visits with his kids only allowed supervised since then ex charged with poss child porn

    and 40 attempts to frame him with it...There are no charges pending against dad....can he get the pfa appealed in light of her charges and how does he at least get equal access to the children

    Randi’s Answer

    He cannot appeal the PFA since he consented to the current supervised custody schedule. If he wants to amend the Order, he should retain an experienced family law attorney to discuss this matter and to file the necessary documents. When seeking an attorney, he may want to consider someone who has experience handling family law and criminal matters since there are pending charges against his former spouse that could have an impact on the custody issue.

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