Richard Forrest Gould-Saltman's Answers

Who gets to claim my daughter on taxes??

Federal law: whoever's got custody 51% of the time gets to claim the child as an exemption, unless there's an agreement to shift the exemption to the other parent, and the parent who's giving up the exemption for that year signs an IRS form doing so.

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If a judge orders that i keep the marital house is the finance company obligated to make changes to the deed?

The finance company is not "obligated" to do ANYTHING as a result of the judgment between you and your ex. They're not required to prepare any deeds, or to remove his name from the loan. You should speak to an experienced family law attorney NOW, so that you don't run across a serious problem further on down the line by five or ten years, when you try to sell or refinance the house.

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Are offshore divorces (Guam, Carribian, Mexico) recognized in the US?

Notwithstanding the earlier answer (from an attorney outside of California), if you get a "quickie offshore divorce" from a place where you don't really live, and someone decides to make a fuss later, the "quickie offshore divorce" is probably NOT valid, under the California version of the Uniform Divorce Recognition Act.

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My husband mistress file a restraining order against my husband.

If you were harassing her, she can get a restraining order against you, too. If your husband was harassing her, she can get a restraining order against him. Sounds like the smartest idea would be for you AND himto never have any contact with her of any sort, ever again.

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What paperwork do I file if my former family law lawyer will not sign a sub. of attorney pro se? Do I file an OSC to remove her?

You should contact the State Bar to address THIS SPECIFIC ISSUE. They will take appropriate steps to get the attorney to sign a Sub, faster than your motion to "fire" the attorney will get heard. The attorney is NOT allowed to refuse to sign a Sub just because you owe her money.

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Is it a good idea to marry a US citizen to just obtain a green card but there is no love? I am from vietnam.

What you describe is not only NOT the best way to get a green card, you would actually committing several Federal crimes, and it would be a good way to guarantee that you AND the person you "marry" under your scheme go to prison, and that possibly you then get deported, and can never return to the U.S. A really BAD idea to do it. A really BAD idea to post a description of doing it on a public board, with your name. Talk to an immigration attorney about how to LEGALLY get a green card.

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How do i contest a default judgement re: divorce, in california?

If a default judgment has already been entered, then you've already let the easy, cheap way to "contest it" come and go; when you were served with the Petition, you had 30 days to file your Response with the court, if you disagreed with anything your spouse was asking the court to order, and you didn't do it. You'll now need to bring a motion to set aside the default and default judgment, and since there are time-limits within which you can do that, you should speak to an experienced family...

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How long do I have to pay alimony for a wife?

"It depends on the wife!" The length of court-ordered spousal support, in California depends on a number of different factors, most importantly the length of the marriage, and the effect of the circumstances of the marriage on wife's future ability to be self-supporting (or the husband's; California spousal support is gender neutral). If parties are married a short time, both continued to work through the marriage, and each is self-supporting at the date of separation, it is possible that...

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I had a savings that I kept secret whcih was supposed to be for our retirement, now we are divorcing

If you DON'T disclose it, and he finds out about it later, instead of SPLITTING the community property portion with him, which is what would happen if you diusclosed it, the court can award the WHOLE THING to him, as punishment for your concealing it.

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Do I have to send a Meet & Confer letter to OC prior to serving a Motion to Compel Discovery ?

It's not clear from your post, if you want to compel a response ( where there's been NONE AT ALL) or a motion to compel FURTHER response (where there's been SOME response, but it's inadequate.). If there's been NO response, there's no requirement for an M&C letter,( though it's a good idea) there's also no 45 day time limit. If you need to do an M&C letter, keep it simple and straightforward: "This is an effort to resolve a discovery dispute. Here's the question; here's the response; ;here'...

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