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Marco Caviglia

Marco Caviglia’s Answers

4,633 total


  • Can anything be done, if my mothers will was settled, and now I feel my older sister who was in charge of everything

    has hidden assets.

    Marco’s Answer

    You need some compelling reason to successfully reopen probate, such as fraud not discoverable sooner. Contact a probate attorney locally.

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  • Do I have grounds to file a lawsuit? How do I get all the back information I need?

    My Husband had his Gall bladder removed in July, 2010. At that time, the surgeon dropped a stone out of the gall bladder and another surgeon went back in the next day to remove the stone. My husband had to spend an extra day in the hospital. Si...

    Marco’s Answer

    Your factual situation is speculative and not medically determined. Your statute of limitations has run unless there is a reason it was tolled. The balance of your questions seeks medical opinions from lawyers. We lawyers think we know everything, but we really don't, including medicine.

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  • Can my ex get out of paying his portion of education for our daughter?

    Our decree states we are to split her education expenses 50/50 (tuitiIo,uniforms, books, trips) for private high school (if she chooses to attend one and college. Can he get around paying his share? If so how?

    Marco’s Answer

    Probably not based upon what you stated.

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  • When can a magistrate disregard statute?

    A magistrate heard unsupported testimony about what the children should receive in child support when I was unemployed and found, based on a 20,000 income. The law states no arrearage shall accrue and that no more than $25 per month can be charged...

    Marco’s Answer

    You must appeal a support order within 30 days of the order being served, making same to the Family Court Judge

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  • Under what circumstances are you allowed to consult with your attorney while you're under oath in family court?

    I was granted custody over 2 years ago and just informed that family court decision was reversed by appellate division. Reasoning is that respondent was instructed by judge not to consult with attorney while still under oath on several occasions....

    Marco’s Answer

    You should read the appellate decision reversing your trial outcome and it will give you the answer.

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  • How long before I can find out if grandparents visits can resume

    False allegations have been leveled 4 times in the past 4 years each time they are dismissed and no action for perjury or making these disruptive accusations. The current one is now 7 months. Do I have to have another lawyer? I have not done an...

    Marco’s Answer

    If false allegations of child abuse are demonstrably false, the one reporting such a falsehood may be prosecuted for a misdemeanor.

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  • Accidental Child Endangerment?

    It was early in the morning, my wife and I woke up and she had left to go clean an apartment. I stayed and the kids (3 kids) woke shortly after. Around 6:30 am. I made them breakfast and my daughter (1year) wanted to go back to sleep. I brought he...

    Marco’s Answer

    Your attorney should be able to get you a favorable disposition.

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  • Can I move with my child to a different county & put her in a different school?

    I have physical custody & my ex & I have joint custody. I wish to move 26 miles away, she would have to go to a different school. She lives with me during the week & has visitation with her dad on weekends. Can I do this?

    Marco’s Answer

    Agreement/judgment/order controls. If not clear or none, relocation hearing necessary.

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  • I didnt sign a pre-nup agreement as i got married in India. Pre-nup agreement are not valid in India? What are my options?

    I married an Indian citizen In April this year and i didn't sign a pre-nup agreement. I am a US citizen and I live in Buffalo, New York and am a bit worried about my finances. Can someone advise me what my options are after marriage? Can a post nu...

    Marco’s Answer

    You can execute an opting out agreement which works the same as a prenup. This is a normal agreement which addresses what will happen in the event of a divorce.

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  • How important are inconsistencies in the caseworker's report in an ACS case when challenging the report?

    I have case notes from an ACS case that I am challenging. The caseworker repeatedly stated in different parts of her report that subject mother and I were married. However we were never married and no one would have told her that we were.

    Marco’s Answer

    Unless that is a significant fact, it probably means little other than the worker may assume facts.

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