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Steven Gary Hittelman

Steven Hittelman’s Answers

73 total

  • Am I able to revise child support order?

    when father and I finalized the child support, i agreed to lower amount what court suggested. It was noted on court document that it was lower. Father said he will pay 1/2 of extra curricular activities verbally but now his story is different. He ...

    Steven’s Answer

    Child support in California is based upon a formula, that results in a "Guideline Child Support" amount. Once the calculation is done - by putting in your and the father's gross incomes, the amount of time the child spends with each of you, certain deductions, etc. - the result of the formula is presumed to be correct.
    If you agreed to a "below Guideline" child support amount then you do not need to show that there has been any change in your or the father's circumstances to try to modify the child support amount. In most cases, when Guideline child support is ordered, you would have to show that there was a "material change of circumstances" the impacts the amount of support to be able to seek a modification.
    Childcare expenses, especially for a child of 21 months, is a MANDATORY ADDITIONAL child support amount, along with the uninsured medical expenses.
    You can file a Request for Order seeking modification of child support, and you can also seek the order to include the childcare expenses for your son. The court has discretion to order the extra-curricular activities shared.
    I also suggest you contact your local Department of Child Support Services to see about opening a case with them. Their services are free, you do not need to be on public assistance to be able to use them, and they will seek the Guideline child support order on your and your child's behalf. You can ask that they include in their work the request to pay for your son's childcare.

    Please note that the answer provided in this forum in no way creates an attorney-client relationship.

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  • What does giving sole physical custody mean

    I currently have share custody of our 6yr daughter. I recently moved from delaware to palm springs to be closer to my daughter. My exwife wants me to give her sole physical custody of our daughter and she will give me more set visitation than i cu...

    Steven’s Answer

    There are two types of custody in California - physical and legal - with two forms - joint and sole.
    Legal custody is the ability to make decisions regarding a child's health, education and welfare. If one parent has sole legal custody then they alone can make the decisions, but the other parent is entitled to all information.
    Physical custody is the "possession and control" of the child during certain times. If one parent has sole physical custody then the other parent has "visitation."
    State law presumes that parents should share joint custody, and your question indicates that you have that already. The question for you, then, is whether you're giving up more (joint physical custody) than you would be getting (more time). I suggest you contact the court that issued the order and see if they have Mediation or Conciliation Court services to be able to have you and your ex sit down and see what you can work out. If she thinks it's okay for your daughter to spend more time with you then there should be no "payment" for that time; it's what's best for your daughter that counts.

    Please note that the answer provided in this forum does not create an attorney-client relationship.

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  • Statute of limitations for Restraining order

    I contacted someone over a year ago (in a non-threatening and non-harassing manner) and now, after all this time, they are threatening to file a restraining order? Is there a statute of limitations for these things? I know the Penal code is 1 yea...

    Steven’s Answer

    Someone trying to get a civil harassment restraining order must show that you had no lawful purpose for your contacting them, that you unlawfully contacted them repeatedly, and that they suffered some kind of harm because of these unlawful contacts.
    There is no "statute of limitations" for the acts that a person seeking an order wants to include, so they can go back longer than a year if appropriate.
    Practically speaking, do you have any reason to see/talk to/be with this person? If not then I suggest leaving them alone. If so, then you'll want to make sure that you always have a witness present when you're with them.
    I suggest you put together a journal or diary of all contacts you've had with this person, especially including who initiates it. That way, if you do get served with the request for a restraining order, then you'll be able to provide a clear history of what did - and more importantly what did not - happen between you.

    Please note that the response to this question in in this forum in no way creates an attorney-client relationship.

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  • What happens in mediation? What happens if i cant attend mediation? Is there a consequence to it?

    The day i have mediation is the day i start my job and i cant miss my first day of work or else i loose the job. i am not going to fight her fathers request on visitation time, i agree with what he is requesting. im just worried if i can get fined...

    Steven’s Answer

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    The first thing to do is call the Mediation Office (I'm going to assume since you're writing this out of Santa Ana that your case is with the Orange County Superior Court) at (657) 622-6916 and ask about rescheduling. You must also call your Ex and let her know that you need to reschedule. If you agree to what your Ex is requesting then ask him to write it up as an agreement (called a "Stipulation and Order") that you can both sign at a Notary and he can then submit to court on the day of the hearing. Keep a copy of what you signed so you can compare it to whatever he submits to court.

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

    I am a disabled veteran with shared 50/50 custody of my two girls ages 8 and 5. The only income I receive is my VA compensation and my money I receive from my Post 911 GI Bill for going to school. Does any of this qualify as income and can my ex-w...

    Steven’s Answer

    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) so they can be applied to income available for child support. You need to know your Ex's gross income as well to find out what amount of child support (if any) you would page (or get).

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  • Joint custody

    my childs mother and i got into an agurement over a ticket and every time we fight she tell me i can not see my son. this has happened sereveral times every time we get into a fight or she doesnt like what is said she takes him from me so i want t...

    Steven’s Answer

    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 the schedule as well. Also, you may want to consider starting to have your son on a predictable pattern so that he can predict/rely upon when he's going to see you, and so that your Ex gets used to the schedule as well. You should also see about using the court's family services to get an agreement with your Ex.

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  • Stipulation

    My ex and I agreed to a stipulation to modify custody. It was written without prejudice and we also agreed to come back to court to revisit the issue. I believe our agreement is working good, but my ex wants to change it further. What does the ...

    Steven’s Answer

    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 (675)622-6196 and schedule an appointment for the two of you to meet. That way you can find out why he wants the schedule changed, and you may be able to avoid the cost/time/expense of going to court.

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  • How can I terminate my ex boyfriends parental rights?

    My son just turned two and, his father is not involved in his life. He doesnt see him and rarely gives me money for him. How can i terminate his rights? does he have to agree to the termination?

    Steven’s Answer

    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 aware that since child support is based upon how much time each parent spends with the child that your Ex may then want to have his legal and physical custody rights made into an order/Judgment.

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  • I am getting a divorce can I take our child to another state. My husband is currently unemployed

    I want to go back to home state with family so that I can get support with my child. He hasn't worked in almost a year.

    Steven’s Answer

    When a divorce is filed in California there are "Automatic Temporary Restraining Orders" (ATROs) that are issued as well. One of those ATROs prevents the children from being removed from California without an agreement with the other parent or an order from the court.
    You can try to get your husband to sign an agreement that allows you to move with the children, and that can then be filed with the court.
    If he doesn't agree that you can move with the kids then you have to file a Request for Order to move with the children, stating why you need to move, and you should also propose what time you think the children should have with their father if you do get to move with them.

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  • There is NCO against my boyfriend and his daughter. Family or criminal lawyer to get it removed or modified??

    My daughter witnessed a domestic dispute and now a condition of his parole is No contact with my daughter. I At at least would like him to have supervised visitation with her.Should i contact a family lawyer or criminal lawyer for help???? How lik...

    Steven’s Answer

    • Selected as best answer

    If she is protected as a witness, or the No Contact Order is issued from the Criminal Court, then you would have to go through the District Attorney's office to modify the order. Be aware that the child's mother may object to the order (since you say it's an NCO between your boyfriend and his - not your - daughter). You will need to contact a criminal law attorney to modify the terms of probation/parole.

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