Gina Marie Famularo’s Answers

Gina Marie Famularo

Temecula Family Law Attorney.

Contributor Level 13
  1. Is there any recourse when an attorney is unprepared for court?

    Answered over 1 year ago.

    1. Robert Miller
    2. Gina Marie Famularo
    3. Gregory Paul Benton
    4. Christine C McCall
    4 lawyer answers

    Unfortunately, once an order is made, it is very difficult to undo, especially where there was a settlement involved with two attorneys. It is unclear what monies you are talking about, but if you are referring to spousal support, perhaps you may still be able to go back and modify the amount in the future. If you feel that your attorney was unethical, the state bar has a panel set up to investigate your allegations. Family law is a very difficult area of law, and things do not always go...

    11 lawyers agreed with this answer

  2. Certified Family Law Specialist Vs. Family Law Attorneys

    Answered about 1 month ago.

    1. Gina Marie Famularo
    2. Richard Forrest Gould-Saltman
    3. R.C. Lim
    3 lawyer answers

    Not really. A certified family law specialist must be licensed for a minimum of five years and take a special test before he or she is able to be called a "specialist." This allows the client to be confident that the lawyer has some minimum amount of training in family law. Any lawyer can practice family law. Many lawyers limit their practice to family law but do not bother to take the specialist test. The real danger comes into play when hiring someone who does not limit his or her practice...

    10 lawyers agreed with this answer

  3. COM PROP QUESTION WHAT is the remedy in cal if in a divorce case a party does not disclose an asset and / or refuses to divide

    Answered 6 months ago.

    1. Gina Marie Famularo
    2. Tobie Brina Waxman
    3. Edna Carroll Straus
    4. Charles Joseph Morris Jr
    5. Peter Christopher Lomtevas
    5 lawyer answers

    It is called breach of fiduciary duty. Each party is required to disclose everything they make, everything they owe, and everything they own. Failure to do so can result in sanctions, and, in extreme cases, forfeiture of the entire undisclosed asset. There is a famous case that happened about ten years ago where the wife bought a lottery ticket while married to her husband. She won the lotto after they separated and didn't tell her husband. Her was awarded the entire lottery winnings....

    9 lawyers agreed with this answer

  4. Can my Ex get more child support because my new spouse makes a significant amount of money?

    Answered 6 months ago.

    1. Harris Justin Brumer
    2. Gina Marie Famularo
    3. Edna Carroll Straus
    3 lawyer answers

    I agree with Mr. Harris. He is spot on. A new spouse's income may not be considered in setting a child support case. However, the new spouse's income does change your tax bracket. You will be paying a larger percentage of your salary to income taxes. It sounds counter-intuitive, however, the more money your new spouse makes, the less support you pay.

    9 lawyers agreed with this answer

  5. How to fight against a domestic violence restraining order when you have little evidence while the petitioner has a lot?

    Answered 6 months ago.

    1. Gina Marie Famularo
    2. Elizabeth Jones
    3. Lilian Demonteverde-Hoats
    4. Victoria L Clemans
    5. Edna Carroll Straus
    5 lawyer answers

    If you believe that a temporary restraining order is likely to be issued against you, your best bet is to avoid court altogether. Think about hiring an attorney. The court will usually require both sides to meet and confer before the trial. Often times, a person without an attorney will want to settle once he or she the other person is ready to put on a trial. If you do go to trial, you will need to overcome those text messages. Bring witnesses to court. You said your parents had witnessed...

    Selected as best answer

  6. Will the courts see threw a spouse's lies, when spouse has asked for multiple orders of protection claiming dv when there's no

    Answered over 1 year ago.

    1. Gina Marie Famularo
    2. Adam Laurence Pearlman
    3. Peter John Marek
    4. John Henry Perrott
    5. Victoria L Clemans
    6. ···
    6 lawyer answers

    Hello. If your spouse has filed multiple actions claiming domestic violence, you can use the prior claims to discredit your spouse. This is, of course, assuming the other requests for denied. Also, look carefully at all the prior declarations. Perhaps there are some inconsistencies. If so, this can also be used to show your spouse is not truthful. Finally, if there all so many incidents, have the police ever been called? If no, why not? Has this person contacted you after the supposed incidents?...

    7 lawyers agreed with this answer

  7. Domestic Violence and Rebuttable Presumption Against Joint Custody: What Constitutes a "Finding" Pursuant to Domestic Violence?

    Answered over 1 year ago.

    1. Gina Marie Famularo
    2. Staycie Renee Sena
    3. Richard Forrest Gould-Saltman
    4. John Henry Perrott
    5. Victoria L Clemans
    5 lawyer answers

    Unless you obtained a Permanent Restraining Order in a civil or criminal court or a court made a finding on the record that you were a victim of domestic violence, FC Section 3044 does not apply as you used it. However, you may be able to seek a permanent restraining order in the family court now, based upon your husband's criminal history. Also, when deciding custody, the court can use the prior criminal case as corroboration that domestic violence occurred in the past. Perhaps you have...

    Selected as best answer

  8. My ex works for LA superior court and filed for divorce in the same court. Could I get the case transferred?

    Answered over 1 year ago.

    1. Michael Charles Schwerin
    2. Gregory Paul Benton
    3. Gina Marie Famularo
    4. Wail Sarieh
    5. Lee Alan Thompson
    5 lawyer answers

    My question is, what county do you live in? Is this the proper courthouse? Also, what does you ex do? How much influence does he or she wield over the judge and his/her employees? I agree with the other attorneys, if you feel that the relationship between the court and your ex will put him or her at a disadvantage, file a motion to change venue based upon cause.

    Selected as best answer

  9. Can I request to change who is to handle the QDRO papers after the Judgement has been filed!

    Answered 6 months ago.

    1. Gina Marie Famularo
    2. John Noah Kitta
    3. Svapna Alan Trivedi
    4. Veronica Alicia Silva
    4 lawyer answers

    You could go back to court and request a different person do the QDRO if you have a sufficient reason. You can also stipulate between you and the ex to use a different person. Shop around. If you can find someone cheaper, maybe your ex will be cost-conscious, too, and will agree to appoint a different expert.

    6 lawyers agreed with this answer

  10. I've been served with divorce papers in CA. What happens if you don't fill out assets and income/expense form?

    Answered 6 months ago.

    1. Harris Justin Brumer
    2. Gina Marie Famularo
    3. Edna Carroll Straus
    4. Robin Marie Estes
    5. Vincent D. Ward Jr.
    6. ···
    6 lawyer answers

    File the response. This will buy you several months.

    6 lawyers agreed with this answer

Call now for a free consultation.

951-587-0505