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Allan E Richardson

Allan Richardson’s Answers

881 total


  • Child support mediation...what to expect?

    Can someone tell me how child support mediation works? I have a child support mediation set up in May, and a trial date 3 days after that in case it is needed. This is a deadbeat date that has tried to dodge support for almost 2 years now. He made...

    Allan’s Answer

    Mediation offers the best opportunity to reach an agreement that is more likely to be complied with than when a court orders a solution. The fact that he is currently unemployed does not mean that his child support will necessarily be reduced. Income can be attributed to him depending on why he is unemployed. That means that a court can order an award reflecting what he is capable of earning based on his past earnings. You should be aware of that going into mediation.

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  • How can I present the judge with case law that my lawyer used coercion, duress and undue influence to get me to sign

    During our court ordered mediation, my lawyer told me that if I did not sign the agreement, which did not represent what I had verbally agreed to (the parties were in separate rooms each and the attorneys and the mediator were in another) that I w...

    Allan’s Answer

    It is not likely that your attorney's advice that if you did not enter into a mediation agreement that the alternative is trial would be construed as duress. Additionally if your attorney does not or would not handle a divorce trial or your particular trial, it is appropriate for him to tell you that. Perhaps there are some additional facts about how you were told that could change the analysis. Nevertheless, you could have opted not to sign and to go to trial and be represented by a different attorney.

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  • Do I need a lawyer to represent me during mediation?

    My ex wife want's to have a mediation about the divorce decree and agreed to give up alimony as long as I give her the house. Do I need a lawyer to represent me to do this?

    Allan’s Answer

    It is not necessary, however it would be helpful if you are discussing significant issues such as alimony and home transfer. You should at least consult with an attorney in advance to learn of your legal rights and obligations.

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  • My lawyer's partner deposited my settlement check into his operating account then spent all of the money on his office expenses

    and 6 months later my lawyer called saying he just realized that his former partner inadvertently deposited the check into the operating account instead of giving me the check and gave me cash. my lawyer says they had a lot of work and the check s...

    Allan’s Answer

    This could be a very serious violation of the Rules of Professional Conduct. Contact the New Jersey Office of Attorney Ethics. They will investigate your claim. Good luck.

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  • Can CPS legally make a child remove clothing while at school?

    Today my kids told me that CPS came to speak to them at school. I know by Texas law that CPS must record the interview with the children. The most concerning thing for me here is that sometime during the interview of my two youngest they claim to ...

    Allan’s Answer

    They are agents of the state conducting an investigation and checking for signs of harm is within their purview.

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  • Does my HOA have the legal right to force me to take my political sign down?

    My HOA says that I am in violation of my deed restriction for having a political sign in my yard. I believe that they are in violation of my first amendment. Need help thanks.

    Allan’s Answer

    Likely you agreed to the restriction by accepting your your homeowner's association rules when moving in. Private entities do not have the same requirements to allow free speech as does the government.

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  • What legal recourse do I have for someone stating that I was trying to Kidnap someone?

    I have had a person making accusations against me for kidnapping. In other words, they have made 3rd party accusations that I was trying to kidnap someone. It isn't true of course, nor has there been any motive for me to do so, or any action wha...

    Allan’s Answer

    If someone makes a false, negative statement about you in public and you suffer a harm, you may have a case for defamation. Truth is a defense to defamation.

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  • Does a Mediator have the Jurisdiction to award punitive damages to parties and suspend or revoke a Realtors Licence?

    Can a mediator award punitive damages, suspend or revoke realtor licences for multiple instances of illegal landlord retaliation and malicious actions? Or must it go straight to small claims?

    Allan’s Answer

    A mediator is not a Judge or a state licensing authority. A mediator assists people in reaching agreements.

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  • Have my civil rights been violated? The court knew I wasnt guilty of 2nd degree felonies but still prosecuted. Including P.D.

    My legal rights were violated when the court knowingly wrongfully prosecuted. Knowing the facts of the case they knowingly prosecuted being aware of the truthful facts. Im not lawyer but I know my rights and that nobody can lie under perjury. I wa...

    Allan’s Answer

    There is no way to determine whether your rights were violated based on the information provided. You should consult with a criminal law attorney to determine if you should appeal your conviction.

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  • If I waived child support in a mediation agreement, can I ask for a modification as ex now makes more?

    So a year ago, went to mediation for the divorce. Agreed to waive child support as she was making significantly less than me. Because of Alimony, she would have owed me $50 a month in child support (50/50 custody with them being listed as at her...

    Allan’s Answer

    You can file for a modification based on a substantial change in circumstances. If she is making more than 15% more than what she was making before, then there is a substantial change in circumstances.

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