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Questions Answered by Marco Caviglia
1 Answer | Asked in Child Support and Family Law for New York on
Q: Does my husband have to pay back child support?

We set up a separation agreement in Oct saying he would pay 2,600 a month . In Dec he stopped paying . We’re not divorced yet so the separation agreement is only notarized so far . I’m filing for child support through the court , not waiting for the divorce to be seen by a judge . When we go to... View More

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

A properly executed separation agreement which includes child support is enforceable without any Supreme Court divorce action, and may be used to have a support magistrate in Family Court proceed, and yes, should result in arrears being paid.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for New York on
Q: Is there a time limit that a will should be settled by an appointed executor?
Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

An executor is a fiduciary, which means that s/he has personal responsibility and liability for all assets and liabilities of the estate. However, the executor has no powers until obtaining letters testamentary or preliminary letters testamentary from the Surrogate's Court as a result of... View More

1 Answer | Asked in Divorce and Family Law for New York on
Q: I’ve been divorced for 5 years. My ex wife still calls me to tell me my daughter is rude to her and I need to handle it

This has become harassment because it is constant. Is there anything that I can do?

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

To constitute harassment, there has to be some criminal intent, especially for the crime of aggravated harassment (using the phone to do so). However, in the general sense it is used, that she is being a bother, the question is what is your relationship with the daughter? Are you exercising... View More

1 Answer | Asked in Divorce and Family Law for New York on
Q: Are all higher earning spouse always has to pay spousal support? Even in relationship abandonments situation?
Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

The spouse with more earnings is not necessarily always obligated to pay spousal support, although that is essentially the presumption. In fact, you can find out how much the recipient spouse would be given, at least temporarily while litigation proceeds, by a calculator available from the Office... View More

2 Answers | Asked in Criminal Law for New York on
Q: If I spoke to a lawyer for a consultation and let him know I haven’t been charged can he tell the cops what i did

I spoke to a lawyer for a free consultation let him know I might have been in contact with an undercover for such and such isssue he asked me where how it happened my name my address all that stuff then sent me a contract to retain him but my question is can he go tell the cops so he gets my... View More

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

If you spoke to him in the context of an attorney/potential client context, he is ethically bound to keep your information confidential even if you do not retain him. If he tells someone and that information reaches the police and you are arrested, the court, if it finds the incriminating... View More

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1 Answer | Asked in Consumer Law for New York on
Q: Seeking legal advice with a car loan the dealer make many mistakes on

Car purchased in 9/2023 for months I have called the credit union listed on all my paper work but they don’t know who I am. Dealer says banks are delayed and to be patient. Today my co signer received a bill from a completely different credit union saying he has to make the payment. It is my... View More

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

If I understand your facts correctly, you got agreement from someone to cosign for a loan on your vehicle purchase. This makes him liable for payment of the outstanding balance as well as you. You state that somehow there are two creditors demanding payment, not just one. If you had two... View More

1 Answer | Asked in Consumer Law, Lemon Law and Arbitration / Mediation Law for New York on
Q: Can I file both a Lemon Law complaint and a Vehicle Safety Complaint in the state of NY?

I purchased a used vehicle from a dealer in early 2023. Immediately it started to present numerous mechanical issues, and in fact was not in my possession for five months as it was shuffled between three separate repair shops. I filed a Lemon Law Complaint through the NYS Attorney General in July... View More

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

The key words I notice are "settled out of court" which means there was some sort of payment to you (as you did not have your vehicle replaced by the manufacturer as you may have been entitled) in exchange for some sort of release. The terms of that release are the crux of you civil... View More

3 Answers | Asked in Estate Planning for New York on
Q: What would be the best way to pass a house to adult child, via will or gifting before death .please explain ramification
Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

Parents can deed property to their child(ren) yet retain a life estate for the two of them. Upon death of the survivor, the children take the house. That is a pretty clean way of doing it. As part of the deed or in an executed agreement, it should be state who will be responsible for upkeep and... View More

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2 Answers | Asked in Family Law and Child Support for New York on
Q: My husband and I have been caring for his son for 6 years. He left his mothers care due to an abusive situation.

My husband and I have been caring for his son for 6 years. He left his mothers care due to an abusive situation. He is now 19. She has paid 129.00 per week for child support. We purchased a home so he could have stability and graduate in the town that we had been living in. His mom is bribing him... View More

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

An adult child, though under 21 years of age, who is working can emancipate himself and if he is self supporting, there should be no consequences from Social Services as he would not be applying for assistance, which would come back to haunt both your husband and his ex. While it would eliminate... View More

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2 Answers | Asked in Divorce and Family Law for New York on
Q: Please, what is the statute of Limitations for filing an action to set aside a divorce agreement in NY? Can you cite it?
Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

Six years, but you are not merely seeking to void a "divorce agreement." You are attempting to undo a very detailed proceeding by the Supreme Court to ensure that everything was done properly and consensually. Even if timely, you may be blocked anyway if you benefitted from the divorce... View More

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2 Answers | Asked in Divorce and Family Law for New York on
Q: My ex husband filed divorce in New York where he lives I live in Tennessee. How can he send me the final divorce decree?

He claims the court says he cant send this paperwork through the mail. He has my certified copy of the divorce papers.

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

I assume that by "divorce papers" you mean those papers to start an action in New York for divorce, not an actual divorce decree, which would be a done deal. To sue you for divorce as a resident of a "foreign" state, the Supreme Court in a matrimonial action may exercise... View More

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1 Answer | Asked in Criminal Law for New York on
Q: Accountants criminal intent

Good Afternoon, I recently consulted with an accountant regarding my and my husbands taxes and tax planning. During the course of the conversation, she suggested that she could set aside money for me by taking money from my families (my and my husband and children's trust) and place in a... View More

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

Discuss with your husband and get a different accountant.

3 Answers | Asked in Criminal Law, Personal Injury and Education Law for New York on
Q: My 12 year old daughter was assaulted by another student at school. She has injuries. What type of lawyer should I call?

My daughter has a concussion,went to the hospital,and needs physical therapy.

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

Report the matter first to the police. Then consult a personal injury attorney.

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1 Answer | Asked in Consumer Law, Contracts and Construction Law for New York on
Q: We 2years back got new furnace and removed cental air. Couple months ago electriction found a 220 line live exposed.

Line was from central air that was removed.. Has since been capped.

Can action be taken against installer?

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

Request the repair cost from the original installer. If you never contacted him to fix it after discovery, that will be his first defense, but not necessarily successful. If he refuses, take him to small claims court. You will need the repairing electrician as a live witness.

2 Answers | Asked in Divorce and Family Law for New York on
Q: If I had a separation agreement signed and notarized, but not court approved, can I change my mind about the stipulation

My husband and I had a separation agreement notarized and signed and sent to his attorney, but it was never seen by a court bc it’s going to be

Incorporated into the divorce. He’s not following the rules of the agreement. So can I now get an attorney and say I don’t want the... View More

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

Your situation boils down to whether your spouse has substantially complied with all material provisions of the agreement. If not, your attorney should be able to prevent the agreement as being the basis of a conversion divorce.

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2 Answers | Asked in Criminal Law and Traffic Tickets for New York on
Q: Will I face jail time

I got into an accident. I called the police and they tell me my drivers license is suspended due to an uninsured vehicle. I was not aware of this as I have an active insurance policy. I called the insurance company and they told me it was because of a two month gap I had in the middle of the year.... View More

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

If your facts are demonstrable to the prosecutor, I doubt that jail would be ordered even if convicted, but your lawyer has good arguments for an alternate disposition. However, you may face civil penalties from DMV such as suspension up to three years. Consult counsel.

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1 Answer | Asked in Divorce and Family Law for New York on
Q: How will substance abuse impact divorce?Also, my wife makes $180,000/year and I make $56,000/yearMightI get alimony?

We have been married 5 years and both got our current jobs after marriage.

She wants me to leave the house but I've heard that it's a bad idea to do that so I have stayed. Is that true?

Marco Caviglia
Marco Caviglia
answered on Oct 6, 2023

You have a short term marriage so spousal maintenance, if any, will be short and/or less than a longer term marriage. Substance abuse may be a factor, but if helps or hurts you depends on who has it and consequences. Leaving a marital residence voluntarily may be considered abandonment of it... View More

1 Answer | Asked in White Collar Crime for New York on
Q: what happens if I never received a Juror subpoena?
Marco Caviglia
Marco Caviglia
answered on Oct 6, 2023

More information is needed to give you an answer if any use.

1 Answer | Asked in Family Law for New York on
Q: Uninsured Medical

My order is written that the custodial parent is to send any uninsured medical receipts to me within 2 months of service. If i receive receipts later than 2 months of the service date, I may reimburse when I am able. My question, are there any case laws showing that if receipts are sent late one is... View More

Marco Caviglia
Marco Caviglia
answered on Oct 6, 2023

The order as you recite it speaks for itself, the debt is still owed. If this has demonstrated to be a hardship you think the court would buy, then you and your attorney should seek modification of the order that late notice relieves you of the debt.

1 Answer | Asked in Civil Rights for New York on
Q: What is the 90 day New York City Supreme Court Civil Rule for Judge to Answer Motion

What action can be taken if judge does not answer motion timely

Marco Caviglia
Marco Caviglia
answered on Oct 6, 2023

CPLR 2219(a) requires that a motion be made within 60 days of its being joined (shorter for a provisional remedy). If a judge fails to render a decision in that period, one may pursue and Article 78 proceeding against that judge.

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