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Richard Forrest Gould-Saltman

Richard Gould-Saltman’s Answers

5,951 total


  • What is the Latin word that you put in a summary dissolution that means your stuff belongs to you?

    Summary dissolution in California and just want to keep what's mine and she keeps what's her.

    Richard’s Answer

    Don't use fancy words when simple ones will do. If what you mean is "HARRY gets the following things a,b,c,d, and WILMA gets the following things e,f,g,h, SAY that.

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  • How can I give my child when my ex just cast off on his leg but still walking on crutches? My baby is 18 month old.

    My ex has visitation every mon, Wed, Friday and Sat morning. I have full custody. He had broken leg last month. he just cast off on his leg.two days ago. But he still walking on crutches. He visited my daughter with his mom for two weeks but his m...

    Richard’s Answer

    Is there a court order for visitation? What does it say? People who walk on crutches can take care of children. I assume that if you had a broken leg, you would not simply give him custody until your leg healed. He'll need to figure it out.

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  • Can you use religion as a reason to deny a blood draw in a dui ?

    I was pulled over for speeding in Utah and when asked to give a blood draw for DUI I told them that under the 1st amendment I have the right to refuse a blood draw because of my religion being a Jehovah's witness.

    Richard’s Answer

    Nice try, but what's the religious basis? Jehovah's Witneses are forbidden to RECEIVE transfusions, and blood products; they're not forbidden to bleed.

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  • How can I protect myself financially before I get married (assuming I do not want to do a prenup)?

    I will get married in the next 6 months. I have significant cash savings (with which I want to eventually buy a primary residence maybe in 1.5 years or so), many investment properties, stocks, equity etc. How do I secure myself financially so that...

    Richard’s Answer

    I've been a family law attorney for more than 37 years, and I've been married (to another attorney, now a judge) for 27. We have TWO prenups.
    There are lots of things which aren't particularly "romantic" about BEING married. One of them is financial issues.

    You're much more likely to STAY married if you have the discussion about your intentions with your fiance BEFORE you get married. Marriage is a contract; says so right in the California Family Code. You want to make sure you and your fiance are signing on for the same deal.

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  • 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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