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Richard Forrest Gould-Saltman

Richard Gould-Saltman’s Answers

5,699 total


  • Can all Rules of Court be waived?

    I received this response. “They also expressly waived ‘any rules of Court that may preclude appointment of Jane Doe as the Temporary Judge, or limit her authority as Temporary Judge.’ Through this broad stipulation, the parties unequivocally w...

    Richard’s Answer

    You "received this response" to WHAT? This question, I assume, hooks up in some way with an earlier question, but Avvo's present set-up doesn't provide that connection.

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  • How can a Church become someone's executor after their Death without the consent of the deceased or the family?

    After my Grandmothers death, a few members of the Church she attended took the place of her executors. Her attorney also happens to be a member of the church. She HAS a Will which has yet to be read to the family. She passed nearly a month ago and...

    Richard’s Answer

    Something sounds fishy. If you're heirs/next-of-kin, you should be able to get a death certificate; ask for several certified copies when you order them. Next, who's got the will? Has it been filed with a court? Whether or not her lawyer is also a church member, his obligations as the lawyer don't change. Ask him for a copy. Ask in writing.

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  • Would it be more appropriate to type or hand-write my declaration's in an RFO?

    I understand that a hand-written declaration might come across as more genuine, such as "actually taking the time to put down your thought's and request" which is likely a personal preference of the judge. However, I'am self-represented, ...

    Richard’s Answer

    • Selected as best answer

    Type. Double-space. Number your pages. Put in only facts of which you have personal knowledge, not opinions, or hearsay. Be aware of the page limits.

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  • Since i have no legal rights right now what should i ask so i can get pictures from my kids school

    i have court in a few days and i havnt seen or talked to my kids in months, even though it was ordered i can.. last year my daughter was in kindergarted and i wasnt allowed to be apart of it thanks to her mother. i already talked to the school an...

    Richard’s Answer

    I am not sure why you think you "have no legal rights", or whether what's actually happening is that you're having a problem enforcing your legal rights. Is there an order for visitation, and contact with your kids? What have you done to enforce it?
    Did the COURT make an order that you were not allowed to receive information from your children's school? If you need the court to issue a clearer order, then you'll need to ASK the court to issue a clearer order.

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  • How is a judge likely to handle this modification of support request due to a change in circumstance?

    I am sure that judges, as well as many attorneys have dealt with situations like this before and I am wondering how it is typically handled. My ex has his own business and claimed very little income which a forensic evaluation proved to be wrong....

    Richard’s Answer

    One quick way for a judge to determine this is for her to be given clear evidence of the paying spouse's day-to-day living expenses. If H says he only makes $5,000 per month, but somehow he's paying living expenses of $6,000 a month, and hasn't accumulated a huge pile of debt in the process, then the judge can pretty much do the math. This doesn't sound like a do-it-yourself project, though, so even if you're not going to get a forensic accountant involved again, it's worth consulting an EXPERIENCED family law attorney.

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  • If I choose to give up custody of a child, do I still have to pay child support?

    I haven't seen my child at all since he was born

    Richard’s Answer

    Yes. Your OBLIGATION to pay child support is separate from your RIGHT to exercise custodial time with your child.

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  • I completed a prenuptial agreement form for California. I did much of the work. What would you charge for the rest of the work?

    I used a website that provides legal documents. A note at bottom of the prenuptual agreement says attorney has to certify in writing he has advised me and also needs to present in writing to my spouse the effect of the document (for California). ...

    Richard’s Answer

    You want an ENFORCEABLE premarital agreement, or one for framing and putting on your wall? If you want it to be enforceable, pay for the time of an EXPERIENCED family law attorney, with knowledge of premarital agreements, to review it, fix it as necessary, and arrange for the other documents needed for signing. You want your fiance to have a separate attorney, too.

    Sound expensive? How much will you and your fiance be spending on the wedding? The week after, the flowers will be wilted, the cake will be eaten, the dresses will be put away, and the tuxes returned, but you'll still be married.

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  • Spousal support - lump sum or monthly payments?

    My ex is offering me a lump sum to finalize support payments. However his offer is for an amount which would be less than 1/2 the length of our marriage and ours was a long term marriage, so it doesn't sound like a good deal to me. Since I have ...

    Richard’s Answer

    You're going to have to talk to an experienced family law attorney with all the facts. There's upsides, and downsides, to a lump-sum buy out. If he dies, the day after the buy-out, you win, because support would have presumably terminated on his death. If YOU die, the day after the buy-out, you (or your estate) still win; support would have otherwise terminated on your death. If he becomes horribly disabled, the day after the buy-out, and can never work or earn again, you win, because he could have gotten support reduced or zeroed. On the other hand, if your needs increase, and you are permanently unable to work, then you lose, because the lump-sum is all you ever get.

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  • How long do I have to file a motion to compel or RFO?

    We submitted an FL-396 on the ex-spouse with no response. We are now looking to file a motion to compel. However, I just read somewhere this has to be done within 45 days of the service of the FL-396. Is that true? Tomorrow will be 45 days sinc...

    Richard’s Answer

    If there was no response at all, then you can still file the motion. Time only starts running if the other side served an INADEQUATE response.

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  • Can I contact my exhusbands boss and inform him he was having an affair with his coworker without being sued being the truth?

    Exhusband is the boss and he cheated with a sales person in his office for months during our time of marriage. His employees called me days before our court date to end divoce and told me he had been cheating on me for months. I am limited in char...

    Richard’s Answer

    Why would you want to do this? What's the effect of making this report to his employer? It'll get him fired, possibly. Then your chances of getting back your share of the $30,000 will be smaller.

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