Steven Gary Hittelman’s Answers

Steven Gary Hittelman

Newport Beach Child Custody Lawyer.

Contributor Level 9
  1. Spousal Support/Disolution of Marriage

    Answered over 4 years ago.

    1. Gregory Paul Benton
    2. Steven Gary Hittelman
    3. Donald Lamar Cobb
    3 lawyer answers

    You can go online to check whether you ex-wife has requested the court to take your default by going to occourts.org. If she hasn't filed the "Request to Enter Default" then you can still file your Response. If she already asked for your default to be taken you can still try to have that set aside if you act quickly (within 6 months at the very latest) and file a motion based upon certain reasons that the court will recognize. As far as your spousal support question; the court has to look as...

    1 person marked this answer as helpful

  2. I am a disabled vet and my ex wife wants child support.

    Answered over 2 years ago.

    1. Christopher John Buechler
    2. Steven Gary Hittelman
    2 lawyer answers

    Child support in California is based upon a formula, and that formula takes into account each of your gross (before taxes) income, the amount of time each of you spend with the child, and other deductions. Since it's based upon tax information, your taxable income is what's used.; look at your last years' tax returns and see how much money from the V.A. is on there as income. From what I understand, your V.A. benefits are income (you probably received a W2 or 1099 form for them in prior years)...

  3. Joint custody

    Answered over 2 years ago.

    1. Michael John Harrington
    2. Steven Gary Hittelman
    2 lawyer answers

    Is there a court order or Judgment already in place? If not then you need one to have enforceable orders for your time with your son. If you do then you need to start enforcing the schedule and your rights. If you need to get an order, or to change one you already have, then you should get a calendar and start keeping a log of the days/times your son is with you, when your Ex prevents you from having your son, or when she "takes him from" you. Go back over the last several months and fill in...

  4. Stipulation

    Answered over 2 years ago.

    1. Cherie Lynn Brenner
    2. Michael John Harrington
    3. Steven Gary Hittelman
    4. Robert A. Stumpf
    4 lawyer answers

    A child custody stipulation is modifiable upon a showing of a change of circumstances, so he would have to show there is something new/different that impacts the best interests of your child(ren). This is other than growing older, or him wanting more time. It would be up to your Ex to start the ball rolling on changing the stipulation, and the first step is a Mediation appointment. You may want to propose you call the Orange County Superior Court office of Mediation and Investigative Services...

  5. How can I terminate my ex boyfriends parental rights?

    Answered over 2 years ago.

    1. Michael John Harrington
    2. Steven Gary Hittelman
    2 lawyer answers

    Other than the birth certificate is there a court order/Judgment that says he is the father of your son? If there is no order or Judgment then he does not have any specifically defined rights, and you can make decisions you believe are best for your son. Please understand that your Ex can do the same until and unless there is an order/Judgment defining what both of you can/can not do. If you need child support then you should open a case with the Department of Child Support Services, but be...

  6. I pay child support directly to my ex (at her request). Our child graduated from HS in May. How do I calculate my last payment?

    Answered over 2 years ago.

    1. Michael John Harrington
    2. Steven Gary Hittelman
    2 lawyer answers

    If the child support order is from California then you can not prorate the payment; it's owed each month but you may be allowed to pay it one-half on the first & one-half on the fifteenth. If the child support order is from Illinois then you will have to check with an Illinois attorney on how child support orders are interpreted.

  7. CAN CHILD SUPPORT BE EXTENDED FOR A SPECIAL NEEDS CHILD AFTER THE AGE OF 18?

    Answered over 2 years ago.

    1. Pamela Janet Ross
    2. Michael John Harrington
    3. Jeffrey Scott Drabin
    4. Steven Gary Hittelman
    4 lawyer answers

    California Family Code Section 3190 states that support can continue for an "adult disabled child" if they will not be "self supporting". You would need to provide evidence to the court that your son's disability prevents them from bring gainfully employed; that means a potential doctor/counselor or someone with vocational expertise to present the information to the court. As far as your daughter is concerned if she is over 18 & out of high school then - by law - child support is terminated...

  8. Are there any domestic violence lawyers in orange county,ca that accept low down payment?

    Answered over 2 years ago.

    1. Michael John Harrington
    2. John Ryan Charles Burt
    3. Steven Gary Hittelman
    3 lawyer answers

    Yes, there are a number of lawyers available that provide this service, please contact my office to see if we can help you. If you are a victim of Domestic Violence you can contact the Public Law Center of the Legal Aid Society. There is also help through the Community Services Project (CSP) at the courthouse in Orange, and the Anaheim Justice Center. If you are defending yourself against Domestic Violence accusations you can go to the Family Law Facilitator's office (also at the Lamoreaux...

  9. Would the alleged victim(wife) get prosecuted for her lies about her husband's resttraining order violations and other charges?

    Answered almost 3 years ago.

    1. Steven Gary Hittelman
    2. Tai Christopher Bogan
    3. Alec Scott Rose
    3 lawyer answers

    There may an issue between "credibility" and "perjury" under your facts. If the criminal court Judge makes a finding that he doesn't believe the witness for purposes of prosecution then the defendant can be found not guilty. That's different than a finding that she committed perjury. If the Judge makes a finding that the witness committed perjury the Judge can (1) cite the witness in court, (2) inform the prosecuting attorney to file actions, or (3) do nothing. If the transcript from the...

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

    Answered almost 3 years ago.

    1. Steven Gary Hittelman
    1 lawyer 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...

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