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Allan E Richardson

Allan Richardson’s Answers

871 total


  • Can a divorced couple alter the shared debts in Marital Settlement Agreement through mediation after the divorce is finalized?

    My ex-wife and I are paying back a debt to my parents through the agreement (though they are unnamed specifically in the actual agreement, "Husband's parents"). My ex-wife and I are friends and my parents and I are estranged. If my ex-wife and I g...

    Allan’s Answer

    You can amend the agreement if you both consent.

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  • Parenting plan change

    Can a nonresidential parent modify a parenting plan that's already existing based on a voluntary work scheduled change.

    Allan’s Answer

    A noncustodial parent can request a modification based on changed availability. It does not matter if the work schedule change was voluntary or not as long as the change is reasonable.

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  • What if I contact my children after I agreed during mediation that I would not contact

    3 years ago I had child support modified due to my health I was put on SSDI permanently I have congestive heart failure. Of course that really upset my ex who already brings in over $3500 a month she was getting almost $900 from me a month (for tw...

    Allan’s Answer

    It depends on what your agreement says. If you do not follow it, then you are in violation. If circumstances have changed and you believe that the agreement should be changed then you can seek a modification.

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  • How does the non custodial parent moving out of state effect the mediated custody parenting time agreement?

    I am the father of our 1 year old baby. I filed a petition for custody and was awarded sole custody in our court mandated mediation meeting. She gets limited parenting time. Two 3 hour visits a week and one weekend a month. She is to get a job and...

    Allan’s Answer

    It would be important to know the content of the letters submitted and the court's response if any to advise. You should seek the assistance of a family law attorney and share the facts of your case. Generally, the visitation arrangement would have to be changed if the distance creates a situation where the original agreement is no longer valid. A court will be reluctant to change an agreement to prevent parenting time for a parent. If you are the custodial parent, then you should be able to request child support, however you will be expected to contribute as well. As a custodial parent, your ability to move may be more limited than the noncustodial parents if she objects, However given that she has moved herself, movement should not be as much of an issue for you.

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  • Why is veteran's hiring preferences for Federal jobs not considered discrimination, violation of a citizens Civil Rights, 14th?

    Veterans get a hiring preference over other people when they apply for Federal employment.

    Allan’s Answer

    You could argue that it is reverse discrimination by giving a preference to a certain category of people, however veteran's status is not a protected category. The federal government protects certain classes of people against discrimination based on characteristics such as race or gender, however not veteran's status.

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  • How can I change a mediation agreement when the mediator didn't enter the child support guideline which she showed me?

    She showed me the guidelines and said based on our incomes this is what I got. She never entered it to the courts so the way she worded it sounds like the child care is allocated into the support but my income increased 6% but now because she didn...

    Allan’s Answer

    Did you sign the agreement? If so, you are obligated as to what you agreed to. If you have not yet signed the agreement then you can ask the mediator to change it to reflect your agreement.

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  • If I have to go to mediation for child custody case in 15 days do I need a lawyer what should I take

    Got served with papers for statutory custody and visitation which I'm fine with just don't know what I'm supposed to take to Mediation

    Allan’s Answer

    Custody is an important matter. At a minimum it would be helpful to consult with an attorney to determine your legal rights and obligations so you enter the mediation with sufficient knowledge to obtain the best possible result.

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  • If mediation doesn't work, what's the next step?

    I would like to know more or less how long does a paternity determination case take. So far, I am confident in my case, I have already been granted parental rights, after 2 years of being denied by the respondent. The judge included in the order t...

    Allan’s Answer

    If you do not agree to a settlement in mediation then the next process is litigation. Litigation can be costly and time consuming and often both parties feel like they lose when a Judge issues an order.

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  • How can I prepare myself for Mediation in probate court?

    I am in a probate matter in which I have 5 Siblings and there are a trust and a will in which we don't know which one is valid and both have slightly different terms (The will benefits the Two youngest children), I don't know how to prepare for me...

    Allan’s Answer

    A good way to prepare is to consult with an attorney so that you know your legal rights and responsibilities going into the mediation. This should assist you in determining what your priorities are and what points you are willing to concede.

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  • What are ramifications of disagreeing with proposals in post-divorce mediation

    Divorced dad of two. Both parties remarried. All living in Washington. Maintenance ending in less than 2 wks after 3 years (plus 18 months during divorce). Ex and I are going into mediation. I already know she wants to recover financially from mai...

    Allan’s Answer

    You should consult with an attorney about your legal rights and obligations. If the matter were to go to court, a court wants to see children having involvement with both parents so a court would not expect you to agree to give up suitable visitation. As for who covers expenses, it depends on the income of the parties. If your ex is able to work but does not then you could claim voluntarily impoverishment. Though you would be responsible for assisting in paying for work-related childcare.

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