Skip to main content
Steven Gary Hittelman

Steven Hittelman’s Answers

73 total

  • Is perjury in a family court law chargeable and how can I prove a mother is unfit to have her child's primary physical custody?

    My step son recently moves three hours away with his mother so that she may live rent free with her father and pursue here education. Aside from the fact that she blaintently lied to the judge about facts to her moving the child seems to be showi...

    Steven’s Answer

    The first part of your question is a bit difficult; how can you prove that the mother lied in court? If you have those facts that show she knew the truth then (arguably) they should have been brought-up in court at that time. Court's don't necessarily want to have to re-hear cases when a party had a chance to bring the truth to light but didn't.
    It sounds more like you have a change of circumstances, given your stepson's reactions at recess, but the trouble may be showing their's a connection between the anger/violence and the move and reduced time with dad. You will want to make sure dad is active and involved at school, is seeking some kind of interaction with a school counselor or, barring that, seeking outside counseling - coordinated with mother - to address the issues.
    Ultimately it may come down to having a child custody evaluation done to assess the schedule that would best meet your stepson's needs.

    See question 
  • Automated tools child support

    Child support contacted me with info I provided however they said automated tools are in place, what are the automated tools?

    Steven’s Answer

    Their "automated tools" cover a lot of different areas.
    The Department of Child Support Services (DCSS) is able to do a lot of things administratively that a private attorney either can't do or can't do in the same amount of time.
    When a parent opens a file with DCSS all the information gets sent to the State of California's computer system. That means that any agency operated by California is notified, so that the DCSS doesn't really have to "make" anything happen. Some of those automated procedures are:
    If you are employed they can get the payroll information directly from your employer through the Employment Development Department..
    If you just got hired they can find out where you work from the statewide New Hire Regstry.
    If you get a paycheck they can withhold support and past-due from it.
    If you have a state tax refund coming it can be intercepted through the Franchise Tax Board, and the same goes for a Federal tax refund through the IRS.
    If you have a bank account they can levy against it (even if it's an IRA).
    If you have a driver's license they can suspend it.
    If you have a special license (fish & game, contractor's, etc.) they can suspend it.
    If you have a passport they can make it unable to be used.
    There is also a statewide guideline formula for determining child support, and the one DCSS is called "Guideliner". They use it to calculate the amount of support you should be paying based upon the information either you provide or that they have access to.

    See question 
  • I am attempting to increase child custody. Will the judge question my sincerity if I move later rather than sooner?

    I was told I should start the requests for increase, but hold off on moving right away, thus saving the amount I would have to pay on the rental of an apartment (currently in short sale and not paying mortgage). If we filed sometime later this mo...

    Steven’s Answer

    You bring up a good point, because credibility is always an issue for the court but especially so in custody cases.
    However, if you are going to seek an increase in time you have the burden of proving to the court that something changed since the last order that impacts the best interests of the children.
    If you file your action saying "I'm going to move if you give me more time" then nothing's really changed. Also remember that you're going to be going to Conciliation Court/Mediation with your (ex)wife before going to court, and you should have everything in place to be able to start exercising the increase in time ASAP.
    Remember that there's nothing that prevents you and your ex from agreeing to a schedule that is outside of the court order, so you should open up communication/negotiation with her about your plan and what it would mean to your children.
    The focus should always be on how your plan for the children meets their best interests; if you put your request in "percentages" then the only thing she is likely to hear is "lower child support". Whatever schedule you propose should take into account the children's needs and activities, and your proposal would be how you and ex can share in these.

    See question 
  • Can I argue that my crimes, 7 counts of violating a Domestic Violence RO, are not opposed to the 'spirit' of the order?

    I had an RO placed on me by an ex of 5 years, for leaving a demeaning note on her car after a fight. I am currently challenging the RO but my criminal trial is first, can't continue, going pro per. She lied to get the order so I was surprised it w...

    Steven’s Answer

    Look at the terms of the restraining order. It clearly says you should not contact her in any way. By leaving these notes you are (1) violating the order and (2) proving her case. Also, you should at least consult with a criminal defense attorney about what you're up against.

    See question 
  • Am i gonna get charged with domestic violence or will i beat my case??!!!!

    My girlfriend called the cops on me cause we got into a heated conversation of me cheating and i didnt but she belives i did. So she calls the cops on me says that i spit on her (never did} she also said i shoved her(nvr did}. At my last court dat...

    Steven’s Answer

    This is a question better posted for the criminal defense, rather than Domestic Violence, forum.
    However, you should talk to your defense attorney about making a motion at the pre-Trial to have the case dismissed in the interests of justice.
    There are statutes that allow the DA to proceed even without the complaining witness; they sometimes recant/retract like your girlfriend did and they can use the 911 tape, police report, or other statements to try to proceed against you.
    Again, the best advice is to get in touch with a criminal defense attorney, or your Public Defender.

    See question 
  • What would be my options on settling my past child support issue?

    I have 2 older children 14, and 13 years old..they were taken from me in 1994 because I was stupid and doing things I wasn't supposed to. My mother had them and then adopted them 2 years later. I didn't know that I was ordered to pay child suppo...

    Steven’s Answer

    There are ways of settling your issues, especially since you are receiving public assistance (welfare).
    The Department of Child Support Services (DCSS) has a program to negotiate the amounts that are owed. I suggest contacting your County agency (The LA DCSS) and asking about the program. The statements you get from the DCSS should have their contact information, or an email address you can send your request to.

    See question 
  • Child support arrears in California.

    Well me and the CP have agreed on a price to remove the arrears. I still want the case open but just to clear the arrears. How can I achieve this and how please help.

    Steven’s Answer

    If the Department of Child Support Services (DCSS) is involved you may have an issue.
    The DCSS won't allow the compromise on the arrears, there's specific language you would have to use. Also, if ANY of the arrears are owed to the County/State you and the CP won't be able to negotiate that amount away at all. Technically, you and the CP could agree to compromise anything that she (and not the County/State) is owed, but that's not going to get through the DCSS, who would have to sign-off on the order since they area a "necessary and indispensable" party to your case.
    The CP would have to close the file with the DCSS completely, and then you and the CP could get your order filed with the court. The CP would then be able to re-open the case with the DCSS, but only enforcing the agreed-to amount(s).
    If the DCSS is not involved, then you and the CP can agree to compromise the amount of arrears that's owed. You would have to include language that there's a bona fide dispute about either what was owed, what was paid, or what credit should be given toward the support that was due, for the court to accept the order.

    See question 
  • Can i move out my parents house at 18 without permission?

    i am 17 about to turn 18 on march 2 2012 i have a 3 month old baby .

    Steven’s Answer

    In California you are legally and adult on your 18th birthday.
    I would make sure before moving out that you have all the support you need to take care of you and your baby.
    If you need help with child support then you should contact your county's Department of Child Support Services.

    See question 
  • Why is an ex parte form and how do I file one?

    My ex girlfriend has been withholding my son from me and denying me my court ordered visitation with him. I filed a motion to hold her in contempt and that court date is set for March 19th. However, she's still withholding my son from me AND tried...

    Steven’s Answer

    • Selected as best answer

    California has a number of forms to assist you in seeking order. The ex parte request would be the FL-300 (Order to Show Cause cover form) the FL-205 (Temporary orders - they're not called "ex parte" orders) and the FL-310 (Application pages). You will also have to provide your declaration giving the facts about what has been going on and why you need the ex parte/temporary orders.

    See question 
  • How can I get full sole physical and custodial custody of my kids?

    My boys are 12 and 9. My boys and I are very close and they trust me, have a very close relationship and they do not want to live with their dad anymore, but their dad and i have a joint legal custody order by the judge he was actually order 60% a...

    Steven’s Answer

    If you've got a stable home close to your sons' school and dad's home, then you could try to get the custody arrangements in place that provide for them to be able to get to and from school safely. However, you would basically have the boys staying with the family member and it is unclear if there's room for them in your current home.
    I suggest you continue to develop the relationship with the boys, and work on getting a place for them that would allow you to have them both with you. Try to get a new home near their current school, and then you can suggest that you can take the boys to and from school (assuming your work hours allow that).

    See question