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Richard Forrest Gould-Saltman

Richard Gould-Saltman’s Answers

5,937 total


  • Am I obligated to provide my (soon to be ex) spouse my W2?

    We are in the process of divorce and my husband requested my W2 for the tax year 2015. When I say we are in the process of divorce, I mean we've signed a mediation contract and I've submitted my Schedule of Assets/Debts and Income and Expense Decl...

    Richard’s Answer

    You're required to supply yours; he's required to supply his.

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  • Is a judge allowed to deny jurisdiction release to a new home state simply under the basis that Dept of C.S. was involved?

    Dept of C.S. had closed their services prior to my motion for jurisdictional release to a new home state. The judge refused to read my motion and facts/evidence presented stating during the hearing the would not because dept of c.s. was on the case.

    Richard’s Answer

    When you say "Dept. of C.S.", do you mean "Department of Children's Services", or "Department of Child Support Services"? BIG difference.

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  • Deposition in divorce

    1- Can I legally take a deposition of my spouse or does it have to be done by a lawyer? 2- if it has to be done by a lawyer, do I need to file a limited scope representation from with the court or not? 3- can any lawyer take a deposition or do th...

    Richard’s Answer

    1. You can do it yourself, but it's a bad idea. 2. The lawyer will know what he needs to do. 3. You, or any licensed attorney can do it, but unless you've actually conferred with an experienced family law attorney, you don't even have enough information to decide WHETHER you should take such a deposition.

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  • When the state of calif charges interest on arrears does the custodial parent get any of those funds collected

    child sup agency says total owed is over 43,000. still & have pd me only 10,342. I did not get 43,000 in welfare. now they say all "my" arrears are pd & I dont get any more of this back child support owed. over the yrs non cust. parent did not pa...

    Richard’s Answer

    It doesn't matter what you got in welfare; when you applied for aid, you AGREED to assign your right to receive ANY child support to the County and State for as long as you were receiving aid. That means the arrears, and the interest on the arrears, for that time, belongs to the State, by your agreement. If you're using the CSSD (and the taxpayers' money) to collect overdue child support that's owed to YOU, instead of paying a private attorney to do it, then it shouldn't surprise you that the state takes its reimbursement first.

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  • What is the best strategy to carve out multiple counts of contempt of court for child visitation order violation ?

    Custodial parent has been violating visitation orders for 2 years ( 24 months) SOL ( Statute of limitation) in California for contempt proceedings is 2 years. Ca Civ Pro § 1218.5(b). Can NCP file 24 contempt of court motions or divide the 24 c...

    Richard’s Answer

    the best strategy is to file an RFO to ask to modify the custody order, and to not proceed with a contempt filing. The contempt filing does NOT get you a modified custody order, and the chance that an unrepresented party can successfully prove up a contempt, and get the other party sentenced to actual jail time, in California in 2016 is somewhere down below 1%.

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  • If there are 4 of us, including 2 children, can my cash money divide by 4, and have a trust account for the 2 children ?

    I'm getting divorce, we have 2 children both under 5 years old. The cash money I have in my bank account is community. I'm concern that my wife may ask for 50% of it.

    Richard’s Answer

    Unless you and your wife AGREE that some of the community property money gets held for the children, you're each entitled to half.

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  • Can my ex-husband, my son's step-father, adopt him at 18, even if I do not consent to it? Can I stop it until my son is 21?

    My son is very close to my ex-husband, his step-father. My son chooses not to have a relationship with his real father, who does financially support him monthly and does try to contact him. I do not want my son to make this kind of decision unti...

    Richard’s Answer

    Once your son is 18, he's legally an adult, and can make pretty much any legal decision he wants ,(he can marry, enlist, donate a kidney, surrender his citizenship, enter into a contract, etc. etc.) without your consent, unless he is so mentally impaired that you can obtain a conservatorship over him. You can talk to your son, and you might want to address the issue through counseling, but 18 = adult in these United States in 2016.

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  • Did the court apply the correct legal standard (e.g. Father’s burden to show detriment)?

    Legal Custody - Joint; Physical Custody – 70% Father/30% Mother; Primary physical custody w/Father; Child - 10 years old; Father and Mother divorced in San Diego. Father and child has resided in Orange County for past 5yrs. Mother is military stat...

    Richard’s Answer

    Possibly, but it's impossible to say with certainty without knowing what evidence was presented at trial. Even assuming court applied the wrong standard, unless the father
    was represented by a competent family law trial attorney, and
    preserved a clean record for the court of appeal, and
    field a timely notice of appeal
    it won't result in a successful appeal.

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  • Judge Ordered an Order of protection, for no reasonable reason. How to get it taken off?

    CoCo County Judge Ordered an Order of protection, from my Fiancé, to keep him from both I and his children. I Never asked for it, or signed for it, There is Absolutely no reason for it. My oldest said that My fiancé contacted him on Facebook about...

    Richard’s Answer

    Something doesn't add up, or is missing, in this question.

    Judges don't just go out on the street and start issuing restraining orders at random. SOMEONE brought SOME kind of case to the court, and put on SOME kind of evidence or testimony, at SOME kind of hearing, and then AFTER that, the judge issued an order. It's impossible to say what to do without more information.

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  • Can I get an annulment in CA if my husband found out that he was gay during our marriage and the marriage was never consummated?

    I only stayed married for month because my husband had problems with physical contact and intimacy. He found out that he was gay at age 19, and then left me. 1.5 years later I am still married and I am looking to get this marriage nullified under ...

    Richard’s Answer

    With due respect to the prior answerers, Cal FC 2210 provides:

    "A marriage is voidable and may be adjudged a nullity if any of the following conditions existed at the time of the marriage: ...
    (f) Either party was, at the time of marriage, physically incapable of entering into the marriage state, and that incapacity continues, and appears to be incurable."

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