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Anne E. Raduns

Anne Raduns’s Answers

7 total

  • 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

    I am on probation and only have a high school education. When a background check is done no one will hire me. A judge in Pa. is about to put me in jail for not paying even though legally she isn't supposed to be able to do that if I don't have the...

    Anne’s Answer

    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.

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

    We have just moved here from Colorado and have had some minor problems with naighbors, mainly just asking for food and other things that we are not able to give. So we started having to tell them no, well they inturn got upset and called Children ...

    Anne’s Answer

    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. If you refuse to take a drug screen, it may automatically be counted as a positive drug screen since you refused. As soon as you can, please consult with an attorney to find out of all of your legal rights.

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

    I have just retained a lawyer and am ready to drop off all of the paperwork to the lawyer's office. My husband and I have agreed on everything. The house, 2 cars, all assets, debts. We have been marrried for 15 years, but have no children. A frien...

    Anne’s Answer

    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 not disturb an Agreement that only addresses Equitable Distribution of assets and liabilities.

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

    This is extremely tough for me. We have been sep. for the two years and we have had an informal shared parent agreement together but he has constantly made "jokes" that he is taking my daughter to live with him out of town and he has mentioned it ...

    Anne’s Answer

    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/

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

    My spouse was in jail on date of divorce hearing. The jail was supposed to bring him over to court, per my lawyer. We waited but the jail did not bring him over. There was a sit-in judge to cover for the original judge. Papers were signed & the...

    Anne’s Answer

    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.

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  • 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.

    My ex hasn't worked in the 2 1/2 years we've been separated and divorced. She lives with our kids with her parents. She's filed for bankruptcy a while back, and even collects a substantial amount of food stamps per month. Since she's not using ...

    Anne’s Answer

    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 parents. That's why it's important for you to see a lawyer and find out what your complete financial obligation is to your child for child support based on both her income and yours.

    Please understand that nothing in this post constitutes "legal advice" because I'm not licensed in SC. Your best bet is to contact the SC Bar lawyer referral system and contact a lawyer in your area. Here is the link to the SC Bar http://www.scbar.org/member_resources/member_directory/ and also
    legal aid services that may offer free or reduced fee legal aid http://www.scbar.org/public_services/lawline/legal_aid_services_in_south_carolina/

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

    My wife moved out 6 months ago and is living with her mom. 2 days last week she came by the house when I was at work and took 90% of the marital assets, making it impossible for me to continue living in our apartment. She refuses to speak to me ...

    Anne’s Answer

    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 distributed to both parties. As far as custody is concerned, a Ga. lawyer would be able to set a temporary relief hearing for you so that your Wife can't prevent you from seeing your son, without violating a court order. That's why it's important for you to see a lawyer and find out your full legal rights.

    Please understand that nothing in this email constitutes "legal advice" because I'm not licensed in Ga. Your best bet is to contact the Ga. Bar lawyer referral system and contact a lawyer in your area. Here is the link to the Ga. Bar http://www.gabar.org/public_information/ and also Ga. Legal Services http://www.glsp.org/

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