Anne E. Raduns's Answers

I have 1 child in Pa. and 1 in Fl. I am divorced . I have no job and no money. Can I be put in jail for not paying child support

The Judge may issue a purge amount (that the amount to get out of jail) if he/she finds that you had the ability to pay child support but failed do so. Having the ability may mean the ability to pay for cigerettes or cable TV and not pay child support, even if you don't make a lot of money. If you have money for "extras" you should be paying child support, even if it means just paying a few dollars a week. Something is better than nothing in the eyes of the court.

Can Children and Family Services take my kids away, if I refuse to take a drug test?

In Florida, DCF has an obligation to protect the children even if they are wrong at the onset of the case. If they "shelter" the children (take them away from you), you are entitled to legal representation at the Shelter Hearing, DCF has a very low burden of proof at this hearing (probable cause) but at this point you are before a Judge. You will want to ask the Judge for legal represenation, which you are entitled to every step of the way. What ever you do, do not waive any legal rights....

How long does it take for an Uncontested Divorce in FL with property but no children, to be finalized?

You have to wait at least 20 days from the time the papers are filed with the court to set a hearing. Sometimes it might take longer to get a final hearing on the Judge's docket if that Judge is particularly overloaded! With the budget shortfalls in Florida, there are few Judges with more cases -- so the wait just might be getting some hearing time. A judge can disapprove a settlement agreement if he/she finds that the Agreement is not in the best interest of the children, but normally will...

Married in broward county Fl 8 years ago, separated 2 years ago...have 1 small child with me..can I divorce in Palm Beach?

There are a couple things you might want to consider -- the first is contacting the Florida Bar at http://www.floridabar.org/ to see if there are any attorneys in your area that give a free consultation. You also might want to contact legal aid in your area to see if you qualify for free or reduced fee legal representation -- their web address is http://www.legalaidpbc.org/

If my spouse is in jail & jail fails to bring him to court for divorce, judge rules & divorce granted, R we legally divorced?

Your spouse has 30 days since the entry of the Final Judgment (the divorce decree) to file an appeal. Did you get him served in jail? If so, do you have the return of service? That can be filed with the court in case he contests improper or lack of service. If you had a lawyer chances are that it was done correctly. If so, it's unlikely that the divorce decree will be overturned and and your divorce is final.

Can support be reduced?? The ex lives with her parents and hasn't worked in the 2 1/2 years we've been separated and divorced.

Dear Avvo Poster: Dear Avvo Poster: Each state has their own unique state laws governing Domestic Relations. I am licensed on in Florida, so I am not familiar with SC. Domestic Relations law. You will definitely want to consult with a SC. attorney to find out what your rights are in that State. A SC. attorney will most likely want to know what your income and may possibly be able to impute minimum wage for your former wife. In Florida, child support is based on the combined income of both...

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Why would I have to pay my wife's legal fees in a contested divorce?

Dear Avvo Poster: Each state has their own unique state laws governing Domestic Relations. I am licensed on in Florida, so I am not familiar with Ga. Domestic Relations law. You will definitely want to consult with a Ga. attorney to find out what your rights are in that State. A Ga. attorney will most likely want to find out when the assets you are referring to (that she moved out) were purchased or obtained. In Florida, assets and liabilities that are acquired during the marriage are...