Carrie Anne Cavallo’s Answers

Carrie Anne Cavallo

New York Divorce / Separation Lawyer.

Contributor Level 6
  1. How do i get the child support amount cut in half cause thats what we agreed to and i get joint physical custody of our daughter

    Answered about 6 years ago.

    1. Carrie Anne Cavallo
    2. Avvo Staff Moderator
    2 lawyer answers

    I suggest that you file a petition for custody where you and your girlfriend can appear before a Family Court Judge and enter into a consent order there for joint custody. Once that is done you can appear before the support magistrate (on a downward modification petition) and have a consent order entered, which deviates from the child support standards act based upon the amount of time which you spend with your child and the cost you incur during your visitiation.

    1 lawyer agreed with this answer

  2. I am married to an emmigrant and want to obtain my childs full custody due to seperation not divorce?

    Answered about 6 years ago.

    1. Carrie Anne Cavallo
    1 lawyer answer

    If you are simply looking to obtain a custody order so that you may travel with your child and make decisions for him and/or her, you can go to family court and advice the court of your intention. When doing this, you will need to explain to the court how you have been the child's primary care taker and why it would be in the child's best interest for you to have sole decision making over the child's travel, education and medical decisions. Once you file this petition (seeking sole custody)...

    1 lawyer agreed with this answer

  3. My husband is still refusing to divorce? my attorney has been working on this she claims now no longer uncontested

    Answered about 6 years ago.

    1. Carrie Anne Cavallo
    2. Jodi Ann Donato
    2 lawyer answers

    I would agree with your attorney. I would think that you should want an order of protection and an order of exclusive use and occupancy of the marital residence! I am confident that your attorney has told you to call the police in the event that your Husband shows up at the house again... also, did you file a domestic incident report? You may want to discuss doing that with your attorney...

  4. I married in 1999 and my husband( that time) left me. Now I need to know how can I find out with he did annulment or divorced.

    Answered about 6 years ago.

    1. Carrie Anne Cavallo
    2 lawyer answers

    You should contact the county clerk's office for where you were 1) married; 2) you presently reside and 3) where your husband currently resides to see if a divorce or annulment was processed. Technically, you were required to be served with divorce and/or annulment papers. In addition, if you have any contact with your Husband or your Husband's family I suggest that you call someone and inquire if he obtained a divorce or annulment.

  5. I married in 1999 and my husband( that time) left me. Now I need to know how can I find out with he did annulment or divorced.

    Answered about 6 years ago.

    1. Carrie Anne Cavallo
    2 lawyer answers

    You should contact the county clerk's office for where you were 1) married; 2) you presently reside and 3) where your husband currently resides to see if a divorce or annulment was processed. Technically, you were required to be served with divorce and/or annulment papers. In addition, if you have any contact with your Husband or your Husband's family I suggest that you call someone and inquire if he obtained a divorce or annulment.

  6. Do I have the right to move a custody case from family court to supreme court? How do I get the case moved?

    Answered about 6 years ago.

    1. Carrie Anne Cavallo
    1 lawyer answer

    If there is a divorce case pending in Supreme Court you can file a motion to consolidate and have the family court case consolidated with the Supreme Court case. If you have not yet filed a Supreme Court case (seeking a divorce) then you can do that and move for the family court case to be consolidated with your new Supreme Court Case. I should caution you that if the family court has begun a trial or completed a substantive amount of work on the case (ie: you, your husband and child(ren)...