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Gina Marie Famularo
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Gina Famularo’s Answers

463 total


  • How can we do to avoid child support payments to show up on my credit report?

    I am in the process of divorce, my ex and me want to do a divorce agreement since we are agree in all points (visitation, child support payments and division of property, etc).

    Gina’s Answer

    If no one is on AFDC and no one opens a case with the Department of Child Support Services, child and spousal support orders are not tracked and not recorded on a credit report.

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  • How far back will my ex have to pay retroactive child support?

    My ex-husband and I separated in October 2015. He had been paying a small amount of child support. I was forced to hire an attorney in February 2016 and filed a request for order as we were not agreeing on things. When the judge comes up with a nu...

    Gina’s Answer

    The court has the power to retroactively order support back to the date the divorce was filed and served. Practically speaking, the court will almost never do this. Typically, support will begin on the first or fifteenth day of the month after the request for order is filed and served.

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  • Is a retired privately-contracted judge “sitting on assignment” when both parties stipulate to her?

    I mean the type of judge working out of JAMS? I have read they need to be appointed by a Superior Court judge or simply by our compliance to her authority. But how does she get the authority?

    Gina’s Answer

    You can stipulate to have a private judge hear and decide your case. The authority the judge has to decide your case is dependent upon whatever authority you give to the judge in the agreement.

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  • 1. Question . What do we do to go about him giving up his rights and does he have to have a certain reason his is because he i

    I live in Sacramento California. I have a 1 year old daughter, who biological father is not in the picture he had never even met her, he has been back and fourth on wanting to be here and not, I am engaged, and my fiance has taking on The role of ...

    Gina’s Answer

    There are various ways a parent my give up his rights to a one-year old child. You should probably seek legal advice rather than trying to accomplish this on your own. First question they will ask: Is dad on the birth certificate?

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  • How can I adopt my granddaughter ?

    In Sacramento - I have been left in the care of my granddaughter. My daughter goes to college, and works at night so primary caregiving is me. Dad is currently in prison serving time on domestic violence. He also has a restraining order on him fro...

    Gina’s Answer

    You would start by filing a petition to terminate Dad's parental rights and obtain Mom's permission to adopt. You would simultaneously file a Petition for Adoption. A probation officer would be assigned to the case, who would do an investigation and file a report with the court. If the court approves the adoption, Dad's rights would be terminated and the adoption would be finalized. There is no guarantee though, that the court would approve the adoption under these facts. Seek the advise of a local attorney who better knows your particular local courts.

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  • Anyone know of any successful case laws or arguments to change a child's surname to that of three father's?

    Looking to change my son's last name to my last name. He's 3 and has not yet started formal school. He's had his mother's last name since birth. We are not amicable and have just finished the custody thing. Anyone know of any successful case laws ...

    Gina’s Answer

    Are you asking to change the child's last name to that of the biological father's? If yes, file a motion in court to amend the birth certificate. The court will typically order the last name to be hyphenated. It is a fairly common request.

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  • How can you obtain a restraining order against a family member who resides in a different state ?

    It has gotten to the point in which I need to obtain a restraining order or otherwise keep my mother from contacting me. She recently contacted my ex and there is a restraining order prohibiting me or my family from contacting her. I have a custod...

    Gina’s Answer

    You need to consult with an attorney in your local area to see if your mother has taken enough actions for California to obtain personal jurisdiction over her. Also, you need a consultation to determine if your mother's conduct is something that a restraining order can be granted for. You may not be able to prove all of your allegations and writing a declaration in court is not a basis for a restraining order. If you do need one, you either have to file in your county and state or go to the county and state where your mom lives- there are no other choices.

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  • What else can i do

    my children were abused by there father in 2013 he is serving a 13 year sentence i failed to protect them now & in and the past and i completed everything they wont return them to my custody or relatives they find an excuse my 12 year old daug...

    Gina’s Answer

    If you do not already have one, get yourself a private attorney who is very familiar with dependency matters. They are very difficult to navigate and you need someone on your side who will give you the guidance you need.

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  • Support after contempt sentencing

    My husband is facing jail time for not paying me spousal support (we are separated). What happens if he just sits in jail and still refuses to pay me when his term is done? His income is off limits for garnishment as it comes solely from the VA. I...

    Gina’s Answer

    Typically, the court will sentence your husband and place him on probation. As part of the terms of probation, ask the court to order your husband to authorize the VA to pay you your support directly. If you can, prepare a paper beforehand and have him and the court sign it so that you do not have this problem in the future.

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  • How can I find out where my ex husband works?

    It was court ordered for my ex husband to pay spousal support, but I have not gotten any payments. He is supposed to inform me or where he works.

    Gina’s Answer

    You may need to hire a debt collection agency to find your ex and collect your money. You can also go back to court and demand that he provide you with paycheck stubs, a work address a W-2 and an income tax return.

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