Skip to main content
Marco Caviglia

Marco Caviglia’s Answers

4,448 total


  • No family name on birth certificate

    My wife has only her first name and middle name on her birth certificate, even her parentage is written with out Family name, but she has her Family name written In her paspassport and marriage certificate, now how will I fill my N400 plz help

    Marco’s Answer

    If you have a permanent residence card, use that exact name as shown there. If you have used any other names, then you must include those, on another sheet if necessary, including nick names and aliases. If she has been using her middle name as a surname, then she might include that as an alias. For more information, contact INS directly or consult an immigration attorney.

    See question 
  • Child Support Payments

    I have 3 child support payments (in total). Recently went to court for the 3rd one and she's getting more than the first two when i have NO CHANGES in income. How is that possible and/or determined when i was informed prior to the court date that ...

    Marco’s Answer

    While in NY the rule is that the child(ren) with earlier support orders to their benefit get their computed percentages of child support based upon your income without regard to later orders or voluntary payments you make/made, NJ may have a different rule, so you should be posting in a NJ forum or better yet, consult with a NJ family court attorney because you are obviously paying out serious child support money and a consultation seems like a wise investment.

    See question 
  • My ex is slapping her children in the face. What can I do to protect the son I have with her?

    I live in NY. I am divorced with one 3 yr old from the marriage. My ex also has a 7 yr old. I have physical custody of our son. My son has been complaining that his mother has been smacking his sister in the face. He complained once that she sm...

    Marco’s Answer

    Your 3 year old may not be the most reliable person to report possible child abuse. If you are concerned, you can make an anonymous 800 call to NYS which will investigate within 24 hours. If there is a basis, then a "found" result can be used as a basis to alter visitation of your child from the abusive mother.

    See question 
  • As a custodial parent

    I am the custodial parent , our child is little pre school going I have had a job now I am on unemployment , now is this a substantial change that my ex can take me to court again ; I am looking for a job but I am also able to get part time job; t...

    Marco’s Answer

    If your question is whether you are entitled to attorneys fees to defend against a spouse seeking custody from you, then you are entitled to an appointed attorney typically if you are indigent. Check with your local court administrator(s).

    See question 
  • In New York does the husband have the legal right to have his wifes legal name on her headstone when she is buried in her family

    She was killed in motorcycle accident, he has a brain injury and her family planned her funeral and placed Her in their family plot, but they did not put her married name on her headstone. Can he insist he's name Be put on her headstone?

    Marco’s Answer

    There is an omitted fact cluster in your question. If the husband was brain damaged, I am going to surmise that he may not be considered competent and therefore left it to others to determine the disposition of his wife's body, including where buried. It does appear to be inconsiderate to use the wife's maiden name if she was still married and living with the husband, but it would seem that he would have even less of a complaint as to that if he relinquished the very disposition of her remains. However, for advice, you should seek out an attorney for a local consultation.

    See question 
  • If both parents agree in new york family ct can they waive the settlement conference and go strait to trial.

    New york family court case about neglect of our child who had never been in our custody or even left the hospital. They charge us with neglect because we had marijuana in our system. Yet the child had never been alone with us

    Marco’s Answer

    Your attorney can relate to the court that there is no room for settlement and demand a trial date. Typically, the court would respect that and not waste its time on trying to settle a case in which one or both parties are determined to have the merits of the litigation determined based upon the evidence.

    See question 
  • I am going Through a family court matter. Where the Mother lives in MO. I live in NY. what are my options.?

    The child in question lives in Missouri with his mother. I am ordered to pay support. I have not seen the child in well over 8 years. I was presumed the father without a DNA test. A judge in MO has ordered one. I took care of my part of the DNA te...

    Marco’s Answer

    In NY, a parent who refuses to comply with a DNA test can have the petition brought by that parent dismissed by the other parent, and terminate/avoid support. However, here the situation is reversed as you action is pending in Missouri, and unlike a lot of attorneys who comment in this NY forum from other states and giving incorrect or useless advice, I strongly suggest you post under Missouri forums or, better yet, consult with a Missouri attorney who practices in the child support area. Good luck.

    See question 
  • Criminal orders of protection vs. Family Court orders.

    galBack on April 14, I was arrested for breaking an order of visitation. The court issued an order of protection, which includes my wife, my son, andmy stepson. This is all bull, because she had me arrested 24 hours after I served her with custo...

    Marco’s Answer

    Family Court, a civil court, is discrete from Criminal court. Each can prosecute based on the same facts, and have different results. One does not override the other. Some counties have Integrated Domestic Violence Courts that combine the two jurisdictions to handle the cases efficiently, and more importantly, without differing outcomes, and typically these are before the Family Court Judge allowed to wear both hats as a Family Court Judge and a local criminal court judge. If there are actions in both courts, they must be addressed independently otherwise.

    See question 
  • How do i correct my social security number in my divorce judgement?

    my husband & i used a special referee to file an uncontested divorce, i received my copy my social security number was incorrect how to correct? can i do this myself by going directly to the clerk's office?

    Marco’s Answer

    Any judgment itself that requires amendment will need a motion to the court issuing the judgment.

    See question 
  • Can my girlfriend of 7 years who is still married - her husband wants a divorce now. If I leave her can she try to get $ from me

    I am divorced 10 years I've been paying for just about everything for 7 years- and she is still married.and has been for 17 yrs. If I break up with her now- after she gets the divorce - can she take me to court and have me pay her anything? Alimo...

    Marco’s Answer

    She has no matrimonial basis to claim money/contribution. However, she may have other bases to pursue claims against you based upon contract law, including oral contracts or contract evinced by action and reliance. Consult a local attorney if you are that concerned.

    See question