Andrea Ruth Gundersen’s Answers

Andrea Ruth Gundersen

Fort Lauderdale Family Law Attorney.

Contributor Level 5
  1. Who knows the evidence in a divorce case?

    Answered over 2 years ago.

    1. Andrea Ruth Gundersen
    2. Marcy S. Resnik
    2 lawyer answers

    Generally, prior to the trial date, both sides must disclose the witnesses they will call and the evidence that they intend to present. If a party tries to introduce evidence at trial, without prior notice, the court may exclude the evidence. There are instances where rebuttal evidence may be presented which could be used to rebut testimony or evidence that was raised by the other side.

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  2. I was awarded $7,000 for child support, alimony and attorney's fees, Is it legal that my lawyer kept it all for owed legal fees?

    Answered over 2 years ago.

    1. Andrea Ruth Gundersen
    2. Paula Brown Sinclair
    2 lawyer answers

    The answer to your question depends on whether the court ordered the purge payment to be used for child support arrears or attorney fees. If indeed your court order stated that the purge payment was ordered to be applied towards the child support arrears, and you did not have a written agreement with your attorney as to authorizing any funds received were to be paid towards your outstanding bill, then those funds should have been forwarded to you for child support arrears. If however, your...

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  3. My ex and I had an agreed order for him to pay child support, $800.00 per month. He lost his job last year and has not paid.

    Answered over 2 years ago.

    1. Andrea Ruth Gundersen
    2. Brent Allan Rose
    3. David L. Hirsch
    3 lawyer answers

    Until such time as your ex husband files a modification to modify the agreed order for child support, he is bound by the amount he agreed to and the arrears are vested, regardless of whether his financial circumstances have changes. The only way to enforce the order is to take him back to court. If you cannot afford an attorney, the Department of Revenue, Child Support Enforcement division may be able to file on your behalf without charging you legal fees. However, there may be a...

    2 lawyers agreed with this answer

  4. Rights of an unmarried father.

    Answered over 2 years ago.

    1. Andrea Ruth Gundersen
    2. Jade Jan Rouzeau
    2 lawyer answers

    Being listed on the birth certificate or having a DNA test confirming you are the biological father, does not give you legal rights to the child barring a court order establishing you as the legal father of the child. In order to gain legal rights as the child's father you will need to file an action to establish paternity. If the mother is agreeable you could have a agreement prepared to address the issue of paternity as well as establishing a parenting plan, time sharing schedule and child...

    1 lawyer agreed with this answer

  5. As a foster dad do I have any rights with child I have had for 8 months?

    Answered over 2 years ago.

    1. Brent Allan Rose
    2. Andrea Ruth Gundersen
    2 lawyer answers

    Unfortunately, as a foster parent, you do not have legal rights regarding the child or legal standing to contest the placement of your foster child. At this time the child is a ward of the state and it is up to the Department of Children and Families to seek and successfully obtain the termination of parental rights. At that time, the child would then become eligible for adoption and as a foster parent you could apply to adopt.

  6. What is Florida's laws on child support and alimony when the working spouse is working their best?

    Answered over 2 years ago.

    1. Barbara Billiot Stage
    2. Gerald Laverne Wilkerson II
    3. Andrea Ruth Gundersen
    3 lawyer answers

    If you have had a reduction in your income since the child support order was entered you should consider filing a Supplemental Petition to Modify the child support. If the court found that the support should be modified, it can only be modified back to the date of filing of the modification. Therefore, your child support arrears will continue to accumulate if you do not file for a modification. As to what the courts can do if you fail to pay the court ordered amount, there are a number of...

  7. Constitute a violation of child support. When there is no paternity establish for the non-custodial parent.

    Answered over 3 years ago.

    1. Cynthia Stump Swanson
    2. Andrea Ruth Gundersen
    2 lawyer answers

    If you have a "child support court order" as you state, it is highly likely that paternity was established either in that order or a prior order. I would recommend you read the order carefully. Under Florida law, in order for the court to enter a court order that requires a biological father, who is not married to the mother, to pay child support, the court would have to establish paternity. That could be done by either the father admitting paternity or by other legal means. If the Father...

  8. I am in the process of going through a divorce. My question is about the marital home.

    Answered over 3 years ago.

    1. John Arthur Smitten
    2. Andrea Ruth Gundersen
    3. Theodore W. Robinson
    3 lawyer answers

    You state in your question that you are "going through a divorce". If the dissolution of marriage action is still pending in the court and a final judgment has not been entered yet then the issue of the distribution of the marital assets, which would include the real property purchased during the marriage, should be dealt with in the dissolution of marriage action. Even though the mortgage is in your husband's name, the family court has the authority to allocate the responsibility for the...