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Richard Forrest Gould-Saltman

Richard Gould-Saltman’s Answers

5,635 total


  • Can my ex get custody, when i have proof, he's seeking custody because i don't want to be with him anymore?

    I have mounds & mounds of proof of my ex husbands controlling abusive nature. As i was going through past texts I found the trigger that got him started went back before he started to harass me and nothing brought up about how I am some how unfit ...

    Richard’s Answer

    They're not "your kids", they're "your and his" kids, and they're not property. You'll need to speak to an experienced family law attorney, because you're going to need to put on evidence that your ex is, or would be a bad PARENT, not that he is a bad guy generally.

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  • Which is more accurate / accepted by courts: amounts via Dissomaster or Dept of CSS's guideline calculator available online?

    For in pro per litigants in a divorce, Dept of CSS's calculator at http://www.childsup.ca.gov/resources/calculatechildsupport.aspx comes in handy. However, it's calculated Child Support is at least 5 - 10% less than what the attorneys obtain from ...

    Richard’s Answer

    If you're getting a different number from the two programs, you're putting in different information, even if you don't know it; to make sure your calculation is right, you'll need to check ALL the settings, (tax year, tax state, deduction/exemption settings, hardship settings, etc.) defaults, etc.

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  • What is the difference from family court to now civil court

    I won the family court and was granted physical custody of my daughter, now her mom filed and emergency ex-parte saying there are gang members and drugs in my home, which is not true, i have written affidavits from 2 3 different neighbors to attes...

    Richard’s Answer

    There seems to be some confusion in the paperwork. If you don't understand the paperwork, then you'll need to at least speak to an EXPERIENCED family law attorney, who can walk you through what's going on, where, and what to do next.

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  • Can a felon shoot a gun on private property in Tennessee

    My friend is a felon in th can they shoot a gun on private property

    Richard’s Answer

    Not unless he or she can shoot it without touching it or being anywhere near it. If there's a "no possessing Firearms" restriction on this felon, he or she can't "possess" a firearm, even for a minute, even on private property.

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  • Can I declare Phish (the band) as my religious status for all legal purposes? Please cite precedent for either side (California)

    In my heart, I am a BuddhJew, but I really, REALLY love this band Phish. Like, a lot. For me, going to one of their shows is like going to church. I see friends and family, people are breaking bread together and clothing the needy, and the cath...

    Richard’s Answer

    Nice try, but no. The 1st Amendment allows you freedom to exercise your religion. It does not provide you with a right to do anything you want, in the name of religion. You can no more "deduct" the expense of driving to Phish shows than you can deduct the cost of driving to church. If "Phish" were to organize a non-profit charitable corporation, and do the tax paperwork required, you could deduct your contributions.

    Your employer is required to provide "reasonable accommodation", not to do anything you ask for. Prisoners try this stuff all the time. ("My religion requires that I eat steak and watch porn!") It rarely gets them very far.

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  • My fathers wishes were not to be cremated. Can the family sue me if I do?

    My father just passed away last Saturday from spine cancer. He signed an advance health directive stating that he did not want to be cremated.

    Richard’s Answer

    Possibly. Who's "the family" ? Why would you do this?

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  • Submitted a CCP 107.6 form to remove judge before hearing... for family court - riverside

    Submitted a CCP 107.6 form to remove judge before hearing... days went on and i was told on the phone it would be taken care of before the hearing. Today was the hearing and it was never completed by the court. I was informed and know the rules r...

    Richard’s Answer

    First, did you file a 170.6 affidavit WITHIN THE TIME LIMIT, which is generally no later than ten days after you're informed of the new judge's assignment? If you missed the time-limit, you're possibly out of luck.

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  • Can my ex take me back to court for increased visitation rights if I move to the same county as him?

    I have a 6 1/2 year old son with my ex-boyfriend who lives in Temecula (Riverside County). I started dating another man when my son was about 1 years old, and have now been married to that man for two years. We have a daughter together, and have a...

    Richard’s Answer

    He can ASK to change the custody/visitation schedule by showing that there has been a "change of circumstances" which would make the change in the schedule in the child's best interest.

    That will have NO effect on the amount of child support that's already due, though it may change the support amount in the future.

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  • My husband filed for divorce and requested that my name revert back to my maiden name. I recently got a teaching job.

    Can I use my maiden name to fill out documents (ex. I need to sign up for an insurance plan, my banking, etc.) or do I have to wait until my divorce in finalized? I am told that the divorce probably won't be finalized for 6 months.

    Richard’s Answer

    If YOU don't want to change back to your maiden name, you don't have to. Names are not property, and your husband can't make you change your name back.

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  • Petitioner in a California divorce proceeding failed to respond to a request to Terminate a Permanent restraining order.

    Will the judge order the request to terminate the DVRO given the Petitioner's failure to respond to the request? What is the best approach for judgment given the Petitioner's failure to respond? Any information will be greatly appreciated. Cour...

    Richard’s Answer

    This will depend on the reason for the request for the restraining order, and how old it is. Impossible to predict without more information.

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