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Marco Caviglia

Marco Caviglia’s Answers

4,614 total


  • 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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  • If you are in debt and you want to get remarried is your new spouse responsible for your old debts?

    I'm on the verge of bankruptcy do to a past relationship and I am on compensation due to physical disability and disability benefits

    Marco’s Answer

    Not unless she contracts to be responsible.

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  • Do i qualify for an annulment in buffalo, ny?

    girlfriend moved in with me. found out she is an alcoholic. i became victim of domestic violence. she broke bottle on my head in bar. she got arrested. she went to detox 18 months. she was clean and sober 8 years. she started smoking pot ever...

    Marco’s Answer

    Far easier to get no-fault divorce (and cheaper). See a local attorney.

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  • Can I put a monetary value on the medical while dividing up our assets ?

    I have free medical coverage my wife and her kids are on it I am willing to just get legally separated to let her and her kids continue on my plan if she got her own it would be 10 grand a year

    Marco’s Answer

    Such things are always negotiable so long as not unconscionable.

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  • If you have guardianship of a child and you get a divorce can one parent take the child and move out of state

    I am divorced and I would like to move to Delaware my ex husband said it was against the law to take our son is it true?

    Marco’s Answer

    Your divorce litigation will determine what your right to do this is. If you are already divorced, get written consent to move, otherwise file for a relocation hearing in Family Court.

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  • Should I sign a prenup agreement with state laws different than my current residential state?

    Hello The mom of my fiancee is making us signing a prenup agreement. They live in FL and right now me and my fiancee live in NY. For me and my fiancee it doesn't matter when we would get married, it can be NY or FL. Her FL lawyer made the prenup...

    Marco’s Answer

    Based on what you state, it would seem best to do this with a NY lawyer who will tailor it to NY Law, which doesn't mean a FLA pre-nup is not enforceable in part or in whole though. However, the real danger here is that it sounds as if you don't have an independent attorney looking out for you as opposed to your fiancee. That alone could affect future enforcement, but more importantly, you might give away the store.

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  • How can I force a divorce court order where my Ex wife can not leave NY area for more than 5 days?

    I am in a process of contested divorce. Court ordered my Ex wife not to leave NY area for more than 5 days. She has been in Italy more than 3 weeks. The problem is she abandoned the businesses we have and violated the court order. How can I get a ...

    Marco’s Answer

    You don't state why the court prohibited that action, though you imply she would damage the business (marital assets?) by doing so. You can file for contempt of court and the court will impose its remedies. Speak to your lawyer about this.

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  • Can I hire a “Contract Lawyer” to sue my ex- for fraud/Breach of Contract -Custody Agreement in civil court (not divorce court)?

    My ex- violated our joint custody agreement and knowingly act on his own and kept secrete from me on children’s education matters such as school or camp selections. He then filed motion for modification, causing me having to hire a matrimonial la...

    Marco’s Answer

    Your agreement which you claim he violated would have the terms, if any, which would entitle you to attorney fees. If that subject was not in there, you would need a court order for same in the litigation that ensued. If you didn't get any at that time, it's basically a done deal for you.

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  • Is it possible to put my 1/2 of joint tax refund into a separate account that's excluded from seen as an asset in divorce.

    I've been a stay at home mom for 10+ years, and my husband worked. Though we were together for 18 years, we were married < 3 years, according to the lawyers I spoke with, I won't get much in terms of benefits because it was a short marriage. My h...

    Marco’s Answer

    Your one half is your one half, and he already took his. It will not matter what use/account it went to since in settlement or judgment, you will most likely get the right to that half. Just don't spend it until that's final.

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