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Questions Answered by Howard E. Knispel
1 Answer | Asked in Divorce for New York on
Q: In New York if both the Spouses wants to discontinue the divorce action, who has to pay attorney fees?

The spouse who has started the divorce action and monied spouse is responsible to pay other spouse;s attorney fees?

Howard E. Knispel
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Howard E. Knispel
answered on Sep 30, 2022

Unless court ordered, everyone pays their own legal fees.

1 Answer | Asked in Child Support for New York on
Q: Hello I put my childrens father on child support and our final hearing is tomorrow .I live in nyc he moved to PR

I would like to know what will happen next as I believe he did it purposely to escape his childsupport obligations

Howard E. Knispel
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Howard E. Knispel
answered on Sep 20, 2022

Moving to PR will not allow him to escape his obligations for child support.

2 Answers | Asked in Family Law and Child Support for New York on
Q: If I terminate my parental rights in nyc do I still have to pay child support?

I’m estranged from my twins I’ve been paying child support since they were two, they’re eleven now, I’ve kept my rights over them because I feel one day they’ll overcome their mothers brainwashing and will decide to live with me but I fear that day will never come.

Their mother... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Sep 11, 2022

You can not simply "terminate your rights". Only Child Protection Services (ACS in NYC) can do thatnor you can be terminated if someone elsecadopts the children. If your rights are legally terminated by court order your support obligations terminate but not any arrears you owe.

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1 Answer | Asked in Divorce for New York on
Q: We are in divorce process. My wife is borrowing money to fix the house and in property division How will that effect me?

I don’t want to pay for it. I believe she moved money from her personal account. And faking it to pay me less share of marital property.

Howard E. Knispel
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Howard E. Knispel
answered on Sep 3, 2022

If you have already started the divorce by serving her tge summons and notices then she is not allowed to do extensive spending except normal or emergency cases. If the house is marital property then the work she is doing may increase the value giving you more equity. Talk to your lawyer.

2 Answers | Asked in Child Support for New York on
Q: My son is 18. He pays for his college tuition and dorm room. He works part time. Do I still pay support?

My son moved into a dorm room for college. He pays for his own food, and will only be living with his mother when school is done for the semester, Am I obligated to still pay child support here in NY. He pays for his own car and insurance as well.

Howard E. Knispel
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Howard E. Knispel
answered on Sep 2, 2022

Technically the mother is still the custodial parent. If he lives with her on breaks and the summer she remains such. You would have to prove he is totally self sufficient to modify support. That would mean he is fully employed or earning enough to be considered emancipated. Speak to a family... Read more »

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: My lawyer has filed a motion to relieve themselves from my case, because I am no longer abler to pay the bills

I'd like to keep my lawyer on, and work on payment later. Without my lawyer I don't think I stand a chance. What can I do to oppose my lawyer's motion to be relieved?

Howard E. Knispel
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Howard E. Knispel
answered on Aug 30, 2022

No one should be forced to work for free, and that goes for any profession, including lawyers. Your attorney deserves to be paid and does not have to agree to any payment plan. If he or she does it is voluntary on them. Find a way to pay them or find a new attorney.

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: My father died 7months before my mom and he wrote a will that he hand wrote and had it notarized and stamped.

My mom just passed 4 weeks ago. My father didn't sign the will even though he clearly wrote it. Is it a binding document and since my mom is gone also are my father's wishes valid. My mom left no final wishes in writing

Howard E. Knispel
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Howard E. Knispel
answered on Aug 27, 2022

First, this is not a Family Law question. It is a wills and estates question. Having said that, a will is not notarized. It is witnessed by at least 2 witnesses and the witnesses' affidavit is notarized. Also wills are not supposed to be handwritten except in rare circumstances. So the... Read more »

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3 Answers | Asked in Family Law and Child Custody for New York on
Q: I have an order of protection against my girlfriend, but would like to be able to see my baby. How can I do it?

We had a domestic dispute last fall and she stabbed me. This was in Auburn NY. I have since moved back to the Bronx. She had our baby in June. She is in touch by text with my mom, but not me. She is open to visitation but in March, the judge in Auburn finalized an order of protection for 5... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Aug 25, 2022

You can file for a modification to allow visitation, usually at a designated place. Talk to an attorney.

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2 Answers | Asked in Divorce and International Law for New York on
Q: Can I get alimony or financial retribution?

My husband has abandoned me after 19 years of marriage. He transferred all his money overseas to Cyprus, Europe. He left me with no financial support here. He won a law suit settlement recently during our marriage. He is also a stakeholder in a restaurant (unsure of the percentage). He has also... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Aug 22, 2022

You are entitled to equitable distribution. You may be entitled to spousal maintenance depending on your respective incomes. You should talk to a lawyer as soon as possible.

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1 Answer | Asked in Banking, Estate Planning and Probate for Puerto Rico on
Q: My grandfather passed away in Puerto Rico and left money in a account. How does does 1 child become sole beneficiary?

Moving this over somewhere else. Sorry

Howard E. Knispel
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Howard E. Knispel
answered on Aug 16, 2022

This is not a Family Law question and is not in New York. This should be posted in the estates catagory and in Puerto Rico.

1 Answer | Asked in Traffic Tickets for New York on
Q: Is a plea to NY Veh & Traf L § 1202(2)(a) good in when ticketed for speeding 58/30?

This is only the second ticket ever received in 30 years of driving.

Howard E. Knispel
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Howard E. Knispel
answered on Aug 16, 2022

If you mean a 1202 (a) 2 (no parking) that is an excellent offer. The charge is a 6 point violation and the plea would be to a no point violation. Can't get better really. Take it.

3 Answers | Asked in Child Support and Family Law for New York on
Q: My ex and I share joint custody of our children. He pays child support but not according to the Child Support Standards

Act. We opted out of that b/c we share equal access of the children. School costs 65/35. medical 60/40 Responsible for purchasing own clothing for kids, childcare. share all other statutory add ons 60/40. Question - where do haircuts fall under? Thank you for your time.

Howard E. Knispel
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Howard E. Knispel
answered on Aug 1, 2022

Haircuts would normally fall under standard child support. Since you opted out then there is nothing that requires either parent to compel reimbursement for haircutting. Whichever parent takes the child for the haircut has to pay.

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1 Answer | Asked in Child Support for New York on
Q: If a divorce is filed in NY and a court order is in place for child support in NY, but Mom relocates what state has

Jurisdiction. NY is 21 for child support but Indiana is 18.

Howard E. Knispel
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Howard E. Knispel
answered on Jul 27, 2022

Under the Uniform Child Custody Jurisdiction Act, wherever the child has lived for the past 6 months has Jurisdiction.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: I want the my 2 boys 9&10 to fly on a direct flight from nyc to houston Texas where I reside .

I want the my 2 boys 9&10 to fly on a direct flight from nyc to Houston Texas where I reside . The mother said if the boys wanted to she would be on board . I offered to pay all flight cost and her gas tolls or Am track tickets from Albany to nyc . She now has changed her feelings even... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Jul 25, 2022

Is there anything addressing this issue in your custody order? You may need to go to court to modify the order if so. Talk to a NY lawyer.

2 Answers | Asked in Divorce for New York on
Q: During divorce my wife transferred our marital property to her sister’s name. How will this effect me?

My wife was served divorce paper on July 20th. I filed my divorce on June 30th. And she changed property deed on July 5th.

Howard E. Knispel
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Howard E. Knispel
answered on Jul 25, 2022

The court will consider it property of the marital estate. Although she transferred it prior to being served, it is still a transfer within a reasonable time of the divorce.

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2 Answers | Asked in Family Law for New York on
Q: Are non violent or severe family order violations enough to say a change in circumstances has happened to modify order

I seen on youtube a lawyer who said the violations of custody order can warrant a change in circumstances as the original order was not followed

Violations such as order says itinerary for trips outside the state must be provided at least 48hrs in advance or more. And the mother on multiple... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Jul 22, 2022

It depends on the seriousness of the violation and whether the court will think the custodial parent is no longer fit to be custodian. Not all violations are the same. At most, what you discribe would likely get a slap on the wrist. Finally, be careful listening to lawyers on You tube. Speak to... Read more »

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1 Answer | Asked in Traffic Tickets for New York on
Q: can a judge and/or the DMV take my license for severity of moving violations even though they don’t equal 11 points nys?

Tickets: (1144-AA) and (31 over in a 55 MPH zone)

These both equal 10 points (if I am correct)

Howard E. Knispel
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Howard E. Knispel
answered on Jul 21, 2022

If you are being charged with reckless driving the answer is yes. If it is simply the two traffic infractions than probably not. Seek a local traffic attorney who knows the jurisdiction.

1 Answer | Asked in Child Support for New York on
Q: My son turns 21 as a junior in college am I still obligated to pay child support after that! No support order currently

I currently pay his tuition and have no problems continuing to do that.

Howard E. Knispel
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Howard E. Knispel
answered on Jul 21, 2022

Unless otherwise agreed to, child support in NY terminates at when the child reaches 21. If there is no child support order you can simply stop payment after the child's 21st birthday.

1 Answer | Asked in Family Law for New York on
Q: Will family court use it against me if I buy a home in a seperate town same county during a family court case?

I'm currently in a custody battle I have joint custody but I have primary placement. My sons father wants to revoke placement and child support

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jul 19, 2022

Probably not, in and of itself. Depens on the distance from your current residence, neighborhood quality and other issues. Talk to an attorney.

1 Answer | Asked in Divorce for New York on
Q: Mortgage is in my name and dad's.NOT wife's. Getting separated. What rights does she have and my dad as far as the hou

She has 2 prior bankruptcies without my name. We are currently in chapter 13. My dad won't sign anything over to her. I want to keep house

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jul 8, 2022

Whose name the mortgage is in is not any indication of ownership, but it is of debt. The ownership of the house is in the deed, however, even if a spouse is not on the deed, under Domestic Relations law a spouse may be entitled to ownership rights as marital property if purchased during the... Read more »

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