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Marco Caviglia

Marco Caviglia’s Answers

4,533 total


  • Can I get back child support for education expenses paid directly to schools instead of to me?

    I wanted my children in private schools and asked my ex-husband to pay the schools directly out of child support. He did so for 18 months. He stopped paying the schools (education expense is not in our divorce agreement) and has paid me directly f...

    Marco’s Answer

    Unless I misread your question, you want to penalize your ex for agreeing to pay the school directly instead of you, though the arrangement changed, presumably continuing up to his gaining custody. It appears you are trying to beat him out of money based upon a technical reliance on his failure to seek modification as to the 18 months in question. I think that factually, you may have some problems in seeking blind application of the statute, including the demonstration that you don't have the children for any time he had them. In fact, it could result in a cross petition for your paying child support now if any of the children are underage.

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  • Court order

    if a judge says that the mother is to meet at a certain place and certain time to drop child off to there father and she does not show up cause she claims she has no ride is that a violation of a court order? even if she does not drive and has to...

    Marco’s Answer

    It depends on the language of the order. If the father is being deprived of visitation, then it probably is a violation. If it was due to circumstances beyond her control and is an isolated incident, that would be mitigation if a violation petition were filed.

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  • Can I say no to my parents making me get a abortion if i am only 14?.

    I am underage and pregnant. An I want to know if my parents can force me to get a abortion.

    Marco’s Answer

    In NYS, a minor can unilaterally determine to have or not to have an abortion, so long as she has been medically advised of any risks concerning her decision. Whoever impregnated you is liable for rape prosecution if he was above a certain age, and if he was, certainly should be.

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  • Is it actually legal for teachers to hold students in during after school hours and not call it formally detention?

    My teacher keeps us in after class and it's the last class of the day. He keeps us in for talking even though many students including me don't talk. He makes us miss the bus. Students tell him that they have important things to do but he tell them...

    Marco’s Answer

    It seems to me this is clearly detention, its being a factual issue as to whether you were talking or not. If you feel you are innocent and/or have significant problems and your teacher is unwilling to listen, you should consider approaching the principal. If that fails, discuss with your parents, and if they think you are not being treated fairly, they can contact the principal as well or instead of you.

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  • I'm so stressed and confused

    My son was a used on Friday of threatening to shoot yo his school . An accusation that was brought to the guidance counselor by another student .I was told on Friday during the meeting that my son would have to submit to a psychological test to se...

    Marco’s Answer

    Students may be discipline for actual or feigned threats of violence in NYS, e.g. threatening a teacher's life, posting messages about bomb threats on a computer. Discipline in these types of cases has been upheld by the federal court, second circuit NY. So even the off-campus conduct is actionable. I assume this was the case, since I can't imagine a school not calling the authorities and having law enforcement question, investigate and possibly arrest your son if he had done so at school. In fact, it is surprising that these days they were not called yet. I do not understand the reason for a test, as it assumes he made the statements. Did he admit he did? Will any admissions as a result of the exam be given to the police? These are real concerns, and may be the basis for providing the police with incriminating evidence. Your son should obtain counsel to be present or to object to any questioning at this point, psychological or otherwise. A school may not require a pscyhological/psychiatric examination as part of a penalty, but if such an examination were required, he should instead be referred to the district's committee on special education. I am unaware of any provision which allows the school to take the approach being pursued here.and recommend counsel be retained immediately.

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  • Can a person get house arrest in a recidence that is not theirs?

    My relative from another country was arrested in ny and might qualify for pretrial house arrest. His home is not in new york. Mine is. Is it possible for him to serve his home arrest in my home. He is my godfather so not a blood relative.

    Marco’s Answer

    While it is in the discretion of the judge, I would see no reason to deny it if the home is equipped with a land line. People arrested often are living with a relative.

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  • Can a “crooked” lawyer be excluded from a law suit? Will I be funding a losing case?

    My 85 y.o. aunt gave her son a mortgage free house in 2010 to turn into a rental and manage for her. No written contract, son paid all expenses but wasn’t compensated. All leases were between son (described as landlord) and tenants; all monies p...

    Marco’s Answer

    If I were a betting man, I would be that your aunt engaged in some transaction with the first lawyer that she wishes she did not, and now wishes to avoid the facts which may have a great bearing on the prospects of a successful lawsuit to recoup title.

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  • How do I get a car with an expired registration and inspection of the impound lot?

    My boyfriend's car was towed due to an expired registration and inspection stickers. We do not want to leave it on the lot forever and have to pay a crazy amount of money but the cops told him that it was not street legal so how can we get it insp...

    Marco’s Answer

    After paying the impound fee, you may have to have the car towed to a licensed inspection station and have the inspection done, then renew the registration. This will all amount to a lot of money. The expired inspection was not the problem, but the expired registration was, as it prohibited the vehicle from being on a public street. Owning a car is really a pain in the neck, but a necessity upstate. Good luck.

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  • Just want to have some expert opinions if this is a winnable case?

    I received a "Disobey Stop Sign" ticket at a T-intersection around 6:00 pm. I drive across the same intersection over 1000 times and honestly know that I did a full stop at the intersection before proceeding forward. Below is the situation (I do...

    Marco’s Answer

    To imagine you will get an "expert" opinion as to whether you have a "winnable" case based upon a paragraph of information is naive. You need to pay someone with the proper expertise to review your case in detail for something like that.

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  • How much would a lawyer be for this case?

    Hey guys i have a felony case ive been indicted. I pled not guilty this morning my next court date is feb.23rd but my legal aid is so busy with all these other cases i care for my life and im trying to reach out to anyone who will help if anybody ...

    Marco’s Answer

    The fee will vary with the nature of the charge, the location and court in which the case is pending, the experience and reputation of the attorney (track record), and how busy the attorney is. One should know what amount is his maximum to fund a defense and proceed from that most logically, which would include resources from family, friends, bank loans, and credit cards, so when getting quotes, one knows if she is wasting her time or not. A quote should come from a consultation, not over the telephone absent extensive discussion, since it's not like shopping around for the price of a house closing.

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