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Steven Gary Hittelman

Steven Hittelman’s Answers

73 total

  • How can i collect child support from years back? We tried to collect a couple times thru dpss he never payed

    He never payed a penny now years have passed we didnt see a penny can we still try and make him? Now children are over 18 help please

    Steven’s Answer

    Child support in California is payable until it is paid in full. It does not matter how old the children are when you try to collect. If you already have a case open the the Department of Child Support Services then provide then all the information you have about your Ex so they can enforce the order. If you don't already have a case open then you should, since they're a "free" service (your tax dollars at work!).

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  • 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?

    My ex's attorney advised me to pay CS each month on the 22nd. I was told by her that the payment is for the 22nd to the 22nd, so if my child graduated in the middle of the month, do I pro-rate the final payment? The State is Illinois.

    Steven’s Answer

    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.

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  • How to calculate child support in CA?

    How do I calculate how much child support I should pay to my ex. He makes about $60k per year and I make $100k. He has primary physical custody. I have our child 20% of the time. Please help me out. Thanks

    Steven’s Answer

    There is the California "Guideliner" program - available as indicated at the website. You can also look for "XSpouse", which has a demonstration version to give you an indication on what you should pay. California's child support guideline formula is a bit more complicated than comparative gross incomes & timeshare, since it's based upon how much after-tax money (net disposable income) you have available for support. If there's no court order then there's no enforceable obligation to pay support. California limits the retroactivity of child support to the date when the request is first served upon the obligated party (likely, you). As a suggestion, pay what the program(s) estimate is and you can avoid going to court on the issue.

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    I have a 17 year old Autistic son who will be turning 18 in May 2013. today his father told me that he can not wait for his son to turn 18 so that we can "F"-off". the father hasnt seen his son in over a year and this is not the first time that ...

    Steven’s Answer

    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 for her.

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  • Changing venue for child support? Can I file in my new state or do I have to do it Ca or ask CA for change in venue?

    The judge made an order of dissolution in a hearing in Feb in Ca and when I filed I was in CA. We have a minute order dissolving our marriage & it talks about child custody/visitation and the fact that I waived child support and spousal support. I...

    Steven’s Answer

    There is a set of laws called the "Uniform Interstate Family Support Act" that has been adopted by all 50 states in one form or another. What that Act can be summarized to mean that as long as one of the parents remains in the "Initiating State" (California for your case) then that state has "continuing exclusive jurisdiction" to make decisions about child support. Since your Ex still lives in California any changes to child support would be heard here in California. While you CAN waive your right to receive spousal support forever, you CAN NOT waive your right to receive child support. If there has been a change of financial circumstances then you should seek assistance in filing a Request for Order to modify child support in the original (California) court. You should consider contacting your new State's Department of Child Support Services to start interstate assistance and enforcement of your child support.

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

    I have a car title but other then that under 1000.00 bucks

    Steven’s Answer

    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 Justice Center in Orange) and review their binders with low-cost attorneys.

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  • Hi my name is angel my sister has a court date and my mom has to go with her she don't have a valid ca id can she be deported

    she wants me to go but i cant go because of work i really help thanks

    Steven’s Answer

    Angel, it is improper for the court to ask anyone if they are "legal" residents, and it's no one's business if your Mom is there to support your sister. This is especially true of your sister is going to court on a Domestic Violence case.
    If your Mom is going to be a witness (testify/tell things to the Judge) then you have to make sure someone is there that can translate for her into English.

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  • Can my parents obtain a restraining order for my brother based on actions he committed as a minor?

    I live with my parents and have a younger brother. My younger brother was affiliated with gangs and has a lengthy record for robbery as a minor. My younger brother at multiple times has robbed my parents of money. In addition he has stolen mail in...

    Steven’s Answer

    You mention the prior criminal acts but not what he went into juvenile for. If the crimes against you parents are included in the conviction that led to his incarceration, there should be a term of his release protecting your family.
    However, you may also seek to have restraining orders issued against him, but unfortunately most courts will need "recent events" to impose the order. His past conduct is important for the court to know, but may not be enough to have the restraining orders put in place.
    Since he's now an adult your parents have no obligation to allow him near their home, cars, place of business, employers, etc. I suggest you make sure your parents know that as soon as your brother shows up uninvited that he is a "trespasser" and can be removed by the police, if necessary. Also, if he shows up after his release from juvenile detention , that may be enough for the court to issue a restraining order, in light of his past conduct.

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

    if the alleged victim(wife) is found guilty of lying to the criminal court about restraining order violations and other criminal alleged charges which put him in jail, what steps need to be taken to prosecute her for all the lies? who would prosec...

    Steven’s Answer

    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 hearing indicates the witness perjured herself that can be sent to the local District Attorney for review for prosecution as well.
    However, ultimately the D.A. has to decide whether or not 12 jurors will convict that witness for the crime of perjury. My understanding is that few, if any, perjury prosecutions are pursued because they are hard to prove and the jails are overcrowded anyway they try to prosecute those violent or dangerous crimes.

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  • How long after appearing for a short trial will I be declared divorce?

    Only reason requesting trial is to settle legal custody of children. We have settled property and visitation. How long can I expect to wait for a trial date? How long after appearing for a short trial will I be declared divorce and receive my divo...

    Steven’s Answer

    You have a couple of choices in trying to get a trial date to get a divorce.
    First, I would check with your local courthouse to see what forms are required to ask for the Trial date (they vary from county-to-county). Some courts require you to first go through a Mandatory Settlement Conference before getting a trial date.
    Second, you can ask for a separate Trial just on the issue of ending your marriage; it's called a motion for "bifurcation of status" and you can use statewide forms (FL 300, 310 & 315) to make that request. Chances are that you can get an earlier date to do the bifurcation motion hearing way before you'd get a trial date. The requirements for the bifurcation are that you served the Preliminary Declaration of Disclosure on the other side, and that you agree that you will carry them on health insurance (and pay for COBRA coverage since you're ending the marriage "early") until the final Judgment is done.

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