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Questions Answered by Howard E. Knispel
1 Answer | Asked in Child Support for New York on
Q: If a father pay child support do that mean he don’t have to buy them clothes or anything for them.

I get child support which goes towards a bill

Howard E. Knispel
Howard E. Knispel answered on Apr 29, 2021

Child support is meant to cover shelter, food and clothing for the child. Certainly a non-custodial parent should have clothing for the child during his/her parenting time, but usually clothing is the responsibility of the custodial parent.

2 Answers | Asked in Insurance Defense and Traffic Tickets for New York on
Q: Hey I have gotten a no insurance and no registration ticket but the car wasn’t mines what can I tell the judge ?
Howard E. Knispel
Howard E. Knispel answered on Apr 22, 2021

While it sounds unfair, the law requires drivers to know that the vehicle they are driving is properly registered and insured. You can argue that it was not your vehicle, but you may be held responsible for driving an unregistered and uninsured vehicle.

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3 Answers | Asked in Divorce for New York on
Q: hello my name is norma i am looking to get a divorce and was wondering what steps i need to take to start that process
Howard E. Knispel
Howard E. Knispel answered on Apr 15, 2021

Your first step should be to locate a local lawyer. Handling a divorce is complicated. If this will be uncontested, meaning you and your spouse are in agreement, then an agreement would be drafted and signed by the parties. If it is contested then court appearances may be necessary.

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3 Answers | Asked in Traffic Tickets for New York on
Q: i got 4 ticket do these carry points? or i pay them?

UNINSPECTED VEHICLE

DEFECTIVE BRAKE LIGHTS

EQUIP VIOLATION: OBSTRUCTED VISION

UNREGISTERED VEHICLE

Howard E. Knispel
Howard E. Knispel answered on Mar 31, 2021

None of those tickets carry points, but you can try to negotiate or have an attorney do so.

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1 Answer | Asked in Child Support for New York on
Q: I was petitioned for child support, but an agreement was made and adjudged and dismissed. I was served again for same.

Is it possible in NYS for my son's mother to petition me again even though a deal was made privately and I received a signed letter from the magistrate stating the case was dismissed for failure to appear. I have text messages about the deal we had made along with a receipt for a bank check... Read more »

Howard E. Knispel
Howard E. Knispel answered on Mar 16, 2021

A private out of court agreement, unless signed by the court, is not valid to modify a coutr order, and is not itself a court order. However, it can be evidence to show the court. As such, your ex can still petition you to go to court. Also, if there was any public assistance involved and the... Read more »

2 Answers | Asked in Bankruptcy, Contracts and Collections for New York on
Q: I have an account in collections that the collections company says is past the Statue of Limitations. I'm not sure why?

I recently noticed a collection account from PRA on my credit report. I've never heard of them, but the amount owed was similar to the amount I owe a bank. I never received anything from PRA though, so I opened all my recent mail that I thought was junk.

Lo and behold, one of them was... Read more »

Howard E. Knispel
Howard E. Knispel answered on Mar 15, 2021

The Statute of Limitations in NY for a debt is 6 years from the last use of that credit or last payment. The SOL is an affirmative defense meaning you would have to plead it to use it in a suit. If the creditor sues you then you would have to answer it with the Aff. Defense of SOL. As for the... Read more »

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1 Answer | Asked in Family Law and Child Support for New York on
Q: My daughter will be turning 21 in March 2022. When should I file to have it stopped. I also live in PA she lives in ny.

Do I have to go to Long Island and file or can it be done through mail?

Howard E. Knispel
Howard E. Knispel answered on Mar 13, 2021

You should likely file a month before her birthday (assuming there is nothing extending support to 22 in your divorce). You can file by downloading the form and e-mailing or regular mail the petition. Or you could hire an attorney who can do everything for you.

3 Answers | Asked in Divorce for New York on
Q: hello. I've got some questions about spousal support or maintenance before divorce.

haven't filed yet but I think my husband might soon.

I don't work and haven't in a while. I'm dependent on my husband for money but her had cut me off and depleted our joint checking account

Howard E. Knispel
Howard E. Knispel answered on Mar 5, 2021

You can petition for spousal support in Family Court without a divorce but they have no jurisdiction over the bank account or anything else. You can file for divorce yourself, but then you need to do a motion for immediate relief (pendente lite). Contact an attorney.

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1 Answer | Asked in Child Support for New York on
Q: I have an on going stipulation for separation for 3 years. We haven’t settled yet . Within that time my ex had a 10%

Increase in pay. Should the child support amount reflect that change? Written in the stipulation currently is his previous salary from last year.

Howard E. Knispel
Howard E. Knispel answered on Mar 2, 2021

Not sure what you mean by "on going stipulation for separation". Has the stipulation been signed? Is there litigation "on going"? If there is a signed separation agreement, you can go into court and ask for a modification. Whether you get it or not will depend on several... Read more »

3 Answers | Asked in Bankruptcy for New York on
Q: once a motion for bankruptcy is approved and finalized by a bankruptcy court, can a creditor still come after assets?
Howard E. Knispel
Howard E. Knispel answered on Feb 23, 2021

First a bankruptcy petition is complicated. There are 2 types of personal bankruptcies, Chapter 7 and Chapter 13. In a petition, there is a form to exempt assets. Also there is a form called a statement of intention, which allows the debtor to decide what their intention is with secured property,... Read more »

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can you get your case set up to pay your 19 year old directly for support?

My husband pays support for a 19 year old who hasn’t attended school since he was 16. He lives with his girlfriend half the time at his Mothers and half the time at his Girlfriends Mothers. He works under the table and pays rent to his Mother and is responsible for his own food. We have... Read more »

Howard E. Knispel
Howard E. Knispel answered on Feb 22, 2021

The only way to terminate the support to the custodial parent is to have the child declared emancipated, which is a high bar. You need to show that he is self supporting. If he is still living with the custodial parent, and is not making enough full time to support himself, he will not be... Read more »

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2 Answers | Asked in Child Support for New York on
Q: How can someone stop paying child support when they now live on there own and have a job and no longer go to college ?

And the mother is receiving and keeping the money

Howard E. Knispel
Howard E. Knispel answered on Feb 14, 2021

File a petition in Family Court to modify child support. If the child is over 18 and lives on his/her own and is self supporting, the child is considered emancipated. However this is reversable if the child is no longer self supporting and is under 21.

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1 Answer | Asked in Child Support for New York on
Q: My 18year old has graduated high school, is working 40hrs and lives with his father. Do I still have to pay support?

My son is not going to college and his father only lives at the same residence part time (according to my son). Do I still need to pay child support since my son is working full time?

Howard E. Knispel
Howard E. Knispel answered on Feb 11, 2021

The issue is whether your son is "self supporting". While working full time is one variable, if he is making minimum wage and unable be support himself, the court can continue child support.

1 Answer | Asked in Traffic Tickets for New York on
Q: In NYS does a parking citation have to have the police officers name on it and does it have to have a court date?
Howard E. Knispel
Howard E. Knispel answered on Feb 8, 2021

The uniform citation, used in most, but not all cases, has the officer's signature and a date to return the citation with your plea. In some circumstances it may require an appearance on that date.

1 Answer | Asked in Child Custody for New York on
Q: The court will not modify my child support payments even with a -$20,000 change in income. Is this legal?

The custodial parent will not agree to a change in payments because obviously she wants more money. And the court won't modify it so that I can afford to pay? I am $18k behind in arrears you would think they would modify it so I can pay?

Howard E. Knispel
Howard E. Knispel answered on Feb 3, 2021

I assume this is a New York case even though you live in VA. The court will not modify if you lose your job or change jobs voluntarily. You need to prove your loss of income was no fault of your own. You should speak to a lawyer.

1 Answer | Asked in Family Law, Gov & Administrative Law, Elder Law and Divorce for New York on
Q: NYC dept of health denied request for birth certificate stating first name has one letter different than legal name.

What law requires a senior citizen to change the name on their birth certificate to match current name ?

Why is name on social security not considered legal name?

Howard E. Knispel
Howard E. Knispel answered on Feb 3, 2021

You can file a petition to change your name with the court. It is a relatively simple form that you can download from the court website. As for divorced people, every NY divorce judgement includes an order allowing the person to change their name back to their previous name.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Co-parent with equal custody and visitation is requiring to see a negative COVID test from me before I see my daughter.

I travel once a month for work and follow all protocols including obtaining COVID testing. Every time I travel, my daughter's mother demands to see a negative COVID test from me before she will allow my daughter to come back to me. We have had a one week on/one week off visitation schedule... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jan 31, 2021

If there is a court order of custody and visitation, she can not withhold visitation without a court order. Just as she demands this of you, you can demand it of her, but it is not enforceable without court order.

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1 Answer | Asked in Family Law for New York on
Q: Can a grandparent stop me from moving out of state after the death of there grandchildren’s father.

They force grandchildren to go to church and say I’m not living in a religious life style

Howard E. Knispel
Howard E. Knispel answered on Jan 28, 2021

Unless the grandparents have court ordered visitation rights, they have no say and you can move anywhere you want with your children.

1 Answer | Asked in Child Support and Divorce for New York on
Q: what does incorporation by reference without merger and continuation during action of divorce
Howard E. Knispel
Howard E. Knispel answered on Jan 25, 2021

It means the Stipulation of Settlement (Agreement) becomes a part of the Judgment of divorce and is fully enforceable as a court order.

1 Answer | Asked in Child Support for New York on
Q: Can the ex husband file a motion to reduce the child support amount in NJ where he lives and the children lives in NY ?

He moved to NJ in aug 2020 and changed his work using the COVID-19 situation and did not pay the support for 7months now.

The divorce decree was from NY .

Howard E. Knispel
Howard E. Knispel answered on Jan 19, 2021

Under the Uniform Child Support Enforcement Jurisdiction Act, the state where the children have resided for the previous 6 months has Jurisdiction over the case. You can ask the court to dismiss for lack.of Jurisdiction. If he has not paid you can file a violation petition in NY against him.

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