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Gina Marie Famularo
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Gina Famularo’s Answers

425 total


  • Child and spousal support

    Does capital gain on real estate count as income in calculating child and spousal support?

    Gina’s Answer

    The answer is, "it depends." One time payments, such as a one time payment for the sale of the house do not count, and are excluded as income. However, if the person regularly buys and sells houses as a means to support himself or herself, the answer is "yes." It is income.

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  • What can I do about my ex deliberately disobeying a court-ordered child custody exchange time?

    My ex is demanding that I pic up our child in the evening time instead of the appointed time. I don't know where she will be either while he's away for the day. What can I do? (Other than "tell the judge")?

    Gina’s Answer

    My suggestion, is to go back to court and ask that all pick up and drop offs be at the child's school or daycare (assuming the child is enrolled in either). This will take the control out of your ex's hands and allow you to pick up the child from a third party without interference.

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  • Adding orders, upcoming RFO hearing

    Have an RFO hearing this Wednesday, there are some things that I should of changed but didn't at the time of filling it out. Can I add those at the hearing or fill out a form and present it to the judge that day. Should I let this hearing pass and...

    Gina’s Answer

    It depends if the box was checked. If you checked the box "spousal support" and just want to add details, no problem. If you did not check the box at all, the court cannot make any orders regarding that issue. Be careful about doing too many RFO's. The court will remember you and label you a problem litigant. All the issues should be handled at once. If there are additional orders that need to be made, I would suggest you file an amended RFO and serve it upon the other side before Wednesday. Ask them to continue the matter to allow everything to be heard at once. If they refuse, go to court and tell the judge that you amended the RFO but it was not timely. Tell the court you are ready to proceed, but if the other side needs more time to respond to the amended RFO, you are willing to give them a continuance, and, in fact, made that offer before the court hearing.

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  • Ex friend & ex client supposedly filed for a restraining order because she feels threatened by me for asking her to remove her

    Multiple hazing reviews online. Some eluding to having major legal or criminal issues with cops banging on my door. Completely untrue. It is a constant daily attempt for her to ruin the reputation of the business I work at. She is bipolar currentl...

    Gina’s Answer

    In order to obtain a restraining order enjoining civil harassment there either needs to be a course of conduct of fear or harassment or a single incident of violence against you and your husband. It will be extremely difficult to prove that this person is the one who posted the reviews on-line. Even if you can, this person has a right to her opinion. Trashing you on-line is probably not enough to enjoin the harassment. Typically, an injunction would be issued for multiple harassing phone calls, coming to your work on multiple occasions to harass you, or going to your house on multiple occasions and knocking on your door. There is no face-to-face interaction here. Probably not enough.

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  • Are the orders prepared by attorneys in family law cases open to discovery or does the lawyer who prepares it

    required to give the bother side a copy before sending it back to the clerk?

    Gina’s Answer

    Whenever a findings and order after hearing is prepared, it must be sent to the other side for approval as to form and content. The other side then has ten days to review the order for mistakes. If no objections are received, the attorney may then submit the proposed order to the court for signature.

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  • When do I file an Income and Expense Declaration in a family law matter?

    My ex-wife and I have already been to court and have an order for custody and child support. I am pro se and her attorney is saying I need to file and updated income and expense declaration with her. Do I need to give it to her or file it with the...

    Gina’s Answer

    It depends. If nothing is going on in the case, you do not need to file any updated paperwork unless the attorney has served you with a Request for an Income and Expenses Declaration after Judgment. Your wife can request updated financial information from you, but must do so by serving you with the proper paperwork.

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  • Question on when an attorney removes themselves from attorney on record ...not sure if that is the correct term.

    We just finished a hearing and the orders are what they are in family court for now. I was asking for more time with my child and didn't get any. My attorney said to do certain things for the next six months and then we will come back and file aga...

    Gina’s Answer

    Attorneys usually automatically withdraw from a case after he or she has completed the task for which he or she was initially hired. It sounds like your attorney completed the terms of his or her contract by applying for and attending the custody hearing. If you choose to go back to court and want to use the same lawyer, you will need to rehire him or her.

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  • Certified Family Law Specialist Vs. Family Law Attorneys

    Is there a big difference between Certified Family Law Specialist attorneys and regular Family Law Attorneys? If so, why do they charge the same hourly rate?

    Gina’s Answer

    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 exclusively to family law. It is more likely that attorney will not have as much family law experience and will not be as well-versed in that particular area of law. I typically recommend family law specialists when the case involves complicated tax or accounting issues, such as a self-employed person with income that is difficult to trace. For the average client, it is more important to focus on the attorney's experience and to make sure the attorney is someone you will feel comfortable working with.

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  • Is there a way to remove a Temporary Restraining order that was dismissed from my record?

    My parents resorted to accusing me of abuse because after 23 years of living in their rental I refused to let them evict me without proper notice so that I would have time to actually move an entire house full of my belongings. They eventually dis...

    Gina’s Answer

    If the Temporary Restraining Order was dismissed, what are you referring to "being on your record?" No judgment was entered against you so it will not effect any background checks for a job. It sounds like if you have this rocky of a relationship with your parents, you may want to consider moving out permanently so as not to be dependent upon them in the future.

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  • Ex husband did not disclose a 401k account during divorce settlement. Divorce is done, Do I have to take him back to court?

    I didn't realize the T. Rowe Price was not included in the Divorce settlement after the fact. Do I have to take him back to court.

    Gina’s Answer

    It sounds like this was an omitted asset. If yes, it depends on how long it has been since the divorce judgment was entered. Take the judgment to a local attorney to discuss your options.

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