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Richard Scott Chizever
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Richard Chizever’s Answers

328 total


  • First right of refusal

    AFTER WE DIVORCED. Our parenting plan says thAT either parent has first right of refusal. My EX wife recently remarried and our daughter lives with her. My ex is diabetic and always in and out of the hospital if she ends up end up in the hospital ...

    Richard’s Answer

    she is in contempt of the parenting plan. I would definitely hire an attorney to first draft a very strong letter to her. Depending upon her answer, if any, I would then file a motion for contempt. If your settlement agreement has a prevailing party provision, you will be able to recoup attorney's fees. I would deal with this and hire an attorney because if not, she will continue to walk all over you. And I hate to tell you this, a letter coming from you will go in one ear and out the other. good luck..

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  • If I divorce my husband before the court settles my lawsuit will my husband Be entitled to any of the money?

    The bases for the lawsuit happened in 2009 I hired lawyers in 2012 The lawyers filed my case in court in Feb. 2013 I married in April 2013 I want out of the marriage now. Court for lawsuit is no where near settled We live in Florida, will he ...

    Richard’s Answer

    I would definitely want to classify your suit as premarital. Have you hired a family law attorney? You should.

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  • Can I file a motion of emergency retrieval for my child?

    Mother of my child took our child and drove off in our car to NY two weeks ago. We were not married. I am on the birth certificate since the baby's birth. Some lawyers tell me that they would file that order with the judge, while others tell me th...

    Richard’s Answer

    My colleagues are correct. This case is governed by the UCCJEA statute and paternity statute. You can find the links on my Website or google. You are the father because you are on the birth certificate.
    The law has changed the last few years. Hire an aggressive lawyer. You want to file as soon as possible because there is a 6 month deadline and you do not want to
    Sit idly by. Do not handle this yourself,
    Especially if there is going to be a jurisdictional fight. And under the UCCJEA if you win (which you should according to your facts) you will be awarded attorney's fees. Good luck and call an attorney.

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  • 5 years post post divorce. Has now become a relocation case how do I determine if I should switch to a different firm.

    My ex decided to reallocate to another state after 5 years in Fl. We have a 50/50 time sharing in place . In fact, she already moved without the kids and filed a petition to reallocate after the fact. I was very happy with initial results of my d...

    Richard’s Answer

    I would definitely consult with another attorney. There is no reason that you cannot hear different viewpoints. Just as you shop around for a car, so to with lawyers. You might want someone more aggressive. Feel free to give anyone of us a call. Good luck. And if she already moved prior to the relocation, she can be ordered back.

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  • I live in Florida, daughters father lives in NY. He is $6,000.00 behind. Willfulness hearing in July. What does that entail?

    I am not on social services and am a teacher. He was paying until December 2013 when he became engaged. It stopped. I contacted NY and they said they represent him not me. I paid for the summons to be served for the violation of support order. Now...

    Richard’s Answer

    What state? Why New York if the initial order was in Florida, or was it. Please give us more info or call us to discuss.

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  • Can my ex get more for child support if her income improves.

    two children 2&1 yrs. old my monthly income is $2600. she is now a registered nurse $60,000 a year support is $566 monthly

    Richard’s Answer

    Who's income is improving? If hers file a supplemental petition for modification. I wound call an attorney to assist. Even of it's for a one time consultation. We can show you what to do. It might be worth the investment.

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  • My wife wants a divorce we've been married for 3 yrs. We have 1 child I am responsible for child support only right?

    I was forced to leave the home we shared. The home is in her name, she makes double my salary

    Richard’s Answer

    Why were you forced to leave the home? Was a motion filed? There is a lot more at stake than just child support. You have marital assets and liabilities. Perhaps pension money to be divided. Timesharing and parental responsibility. And if your wife makes 3x as much as you, perhaps the court will order her to pay for your attorney's fees and costs. Feel free to check out my website where I discuss divorce and have links to the relevant statutes. You need to hire an attorney. Do not do this on your own.

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  • Soon to be ex-husband hiding assets overseas and lying on financial affidavit- can this be prosecuted?

    I am in a the beginning stages of a divorce. My soon to been husband is trying to get me for alimony and is trying to get a home, which i'm on the deed. He is also refusing to disclose his income from his trust fund His mom is hiding assets and t...

    Richard’s Answer

    Please tell me that you have an attorney. If not, why? We know exactly what to do in your case and how to get the discovery. You have a lot at stake - call any one of us so we can assist. Do not do this alone.

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  • Relocation with minor

    Hi my name is cintia and I have a question ..first I will give you some details. I'm moving to SC, My ex boyfriend and I made a relocation agreement which he sign. We went to the general magistrate which he told her he agreed on the move, and the...

    Richard’s Answer

    Relocations are very tricky because you need to know factors. You need to hire an attorney ASAP. Perhaps your ex will agree if certain timesharing conditions are put in place. If not, you will have to seek court intervention. But as I said, hire an attorney and don't do this alone. You have too much at stake

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  • Do I need to file a counter-petition in my Paternity case if paternity is not in dispute but other things are?

    The father filed for paternity and he is the father but I do not agree with the time sharing schedule (he wants to be the primary custodial parent but gives no reason why - he just doesn't want to pay child support) and his elections for child sup...

    Richard’s Answer

    My colleagues are correct. But let me add this. You need to hire an attorney. Do not go through this process by yourself, especially is your child is involved. You want to get the most money you can and family lawyers know how to get it. Call any of us so we can assist.

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