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Questions Answered by Howard E. Knispel
3 Answers | Asked in Family Law and Child Custody for New York on
Q: Does 3 non consecutive weeks of vacation access for both parents mean 1 week time frames or 21 days as the parent wants

We have an agreement that states 3 non consecutive weeks. My ex-wife sees this as an opportunity to take 21 days as she sees fit. I have been instructed this is incorrect and am looking for further advice

Howard E. Knispel
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Howard E. Knispel
answered on Jun 28, 2022

Non-consecutive means not in a row. Normally that would mean 3 separate weeks, however, it can br intertpreted to allow 2 consecutive weeks, but not 3. You should consult a local attorney to go over your specific matter.

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1 Answer | Asked in Child Support for New York on
Q: My support is reduced each month by $25 to cover the wire fees. Is this permissable?

We live in New York City. If not stipulated in the agreement is the father allowed to reduce the support for any reason?

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

If there is no provision in the order to reduce the support to cover this fee and you never agreed to this, it is not permissable. The non-custodial parent owes the full amount.

1 Answer | Asked in Divorce for New York on
Q: What is Occupation Rent and When is it Awarded?

My spouse lives full time in our summer house (paid cash, no mortgage) and I rent a 2BR ($4000) in the city. We co-own the summer house. There no court order giving her exclusive occupancy. We have a significant discrepancy in income ie. my income is significantly higher.

I feel it's... Read more »

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

There is no such thing in NY law as "Occupation Rent". Basically she is a co-owner so you can not collect rent from her. You can move in there if you desire since there is no order forbidding it. You can file for divorce but be aware that you will likely pay her significant support... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Divorce for New York on
Q: About divorce?

If I am separated and moved out the house and my wife find out where I live and send me divorce papers, if I ignore them and choose not to answer what will happen? Thank you for your help.

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

This is posted in the New York forum so I will answer assuming this is a New York case. If you ignore the Summons, you will lose by default and she will get whatever she is asking for and you will have no say. Talk to a lawyer.

2 Answers | Asked in Divorce and Child Custody for New York on
Q: Are there any circumstances where visitation rights don't end at 18? I was told they end at 21, but I don't believe it.
Howard E. Knispel
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Howard E. Knispel
answered on May 27, 2022

Custody and visitation rights end at 18. The court has no jurisdiction over those issues after 18. Child support, however, terminates at 21.

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2 Answers | Asked in Divorce for New York on
Q: When in the process is the non-monied spouse awarded support by the monied spouse for an attorney.

If the monied spouse files for divorce and the non-monied spouse has 20 days to respond do they have to request payment for their legal fees before they respond? Can a court appointed attorney help get both financial assets and custody of 2 children from 19 years of marriage?

In this case... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on May 24, 2022

The nonmonied spouse must make a motion for attorney fees. The court can not address that without a request for it. Talk to a lawyer.

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1 Answer | Asked in Divorce for New York on
Q: My spouse want to subpoena eBay and Paypal as part or discovery?

I own a collection with items purchased on ebay. My spouse wants to subpoena both ebay and paypal then appraise the collection. it's a long and expensive process.

How successful will my spouse be? What would be the outcome? How many years can they get a report?

Howard E. Knispel
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Howard E. Knispel
answered on May 24, 2022

She has a right to subpoena the records and they will likely comply. This will likely be at her expense. How far back depends. Clearly things that are maritalk property are available for appraisal and equitable distribution in a divorce. Talk to your attorney.

1 Answer | Asked in Child Support for New York on
Q: Mother of my son used to live in nc, she’s claiming child support there, has lived in Ny for the past 9?

We both lived in nc, but before she left she had child support taken out against me while I was in college and I wasn’t aware. She moved to New York a few months after my son was born 2011. She has been living in New York since 2012….. we both live in New York at the current time. But my... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on May 19, 2022

A valid child support order is enforceable throughout the country. Unless there is a need for a modification, the order is enforceable.

2 Answers | Asked in Child Custody for New York on
Q: I’m going for custody trial it’s worth to get a lawyer to represent my case , I feel my legal aide from court is not
Howard E. Knispel
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Howard E. Knispel
answered on May 16, 2022

Lawyers know the system, they know how to examine and cross-examine. Hire a lawyer

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2 Answers | Asked in Family Law and Domestic Violence for New York on
Q: 6 days no communication. Then had to ask two days in a row, 2 days before court if it was adjourned. It was not.

This is often and my requests are ignored. I never have any direction or answers. After expressing my concerns multiple times, my lawyer motioned to be removed. Can I get a new 12b lawyer?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on May 2, 2022

I assume you are referring to an 18-B lawyer, a private attorney who is assigned by the court to represent you as an indigent person. These lawyers get paid by the county and very little, on these assigned cases and will naturally spend more time on privately retained cases where they make 4 to 5... Read more »

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2 Answers | Asked in Divorce and Family Law for New York on
Q: Do I need to "RJI" on this case or it is already taken care of? How can I know if RJI was already filed?

RJI -RE: UNCONTESTED MATRIMONIAL ACTION | Filed: 11/16/2021 | Received: 11/16/2021 | Status: *** Pending ***

My Uncontested matrimonial case is still pending. I did some research & found out about "request for judicial intervention. The case was filed by my Ex lawyer and... Read more »

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

If an uncontested is fully filed then an RJI would likely already be filed. A Judgment can not be signed unless an RJI is filed.

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1 Answer | Asked in Child Support and Family Law for New York on
Q: I been receiving child support for since 2016 and since 1/1/22 I haven't received any money since the how do I fix this

I check on the child support website he does any he owes me money this never has happened before . Iv also mentioned it to him but no answer

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 18, 2022

Contact Child Support Enforcement Bureau. If he hasn't paid a d the order is still in effect you can file a violation petition in Family Court.

1 Answer | Asked in Child Support for New York on
Q: I have a child support question
Howard E. Knispel
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Howard E. Knispel
answered on Apr 18, 2022

Your question is...?

2 Answers | Asked in Divorce for New York on
Q: I checked ecourts in NY for my divorce status and it says NOI filed 5/28/21 and NOI due 5/28/22? Meaning?

My uncontested divorce case was filed in NYC during COVID. How can I tell if there are other issues with my divorce case or if we are just waiting for a judge to sign.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 17, 2022

NOI is Note of Issue. That is the form that says to the court that the case is ready for final resolution or trial. It is required in all cases. The court website simply says it was due and it was filed. If everything else required was filed, it just needs to go.up to a judge for signature.

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can you tell me what can be done?

So I’m in a situation that me and my daughters father gave joint custody now for years he always threatens me to take me to court and then threatens to take full custody of my daughter but most of the time it is because he still wants us to be together and he wants to do it out of spite (I do... Read more »

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

While there is nothing illegal for him to threaten to take you to court, if he becomes harrassing or threatening harm in any way then you might be able to get an Order of Protection. There are apps that the two of you can use to reduce harmful communications in which you can only communicate about... Read more »

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: How do I file ineffective counsel before my case ends. My lawyer will not submit any evidence I have
Howard E. Knispel
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Howard E. Knispel
answered on Apr 15, 2022

You can dismiss you Attorney at any time.

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2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: When do child support areers start? I hear they start from the day the mother files? Or is it after an order put in?

Currently have a 7 month old who I provide everything for in my home, I had to goto court to get visitation rights even tho I’m on the birth certificate and signed AOP.

I told the mother if she’s worried about her resources she can give me the baby for more time and I’ll happily use... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Apr 14, 2022

Once a permanent child support order is issued, the arrears dates back to the date of filing.

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2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: am I allowed to take my kids and move out of state without my ex’s approval?

I live in New York State and have two kids . A 1 year old with his father on the birth certificate and my daughter that I had 2 months ago (he didn’t sign it because I left him right before I delivered her) I left him because he was physically/ emotionally abusive. Drug problem and had an anger... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Apr 10, 2022

You need to go to Family Court and get the Judge to approve it. You will need to show the court how ot benefits the children to move. Talk to a lawyer.

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2 Answers | Asked in Family Law for New York on
Q: Can I file for emergency custody in NY if my ex has taken my son to Pennsylvania and refuses to let me see him?

He scheduled a custody consultation in Pennsylvania and is trying to take him from me even though my son has been living with me for years.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 4, 2022

The law is that wherever the child resided for the previous 6 months has jurisdiction. You can file for a habeas corpus petition. Consult a local attorney.

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1 Answer | Asked in Family Law for New York on
Q: How do I start legal sep. process? Is there any financial aid available for the costs?
Howard E. Knispel
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Howard E. Knispel
answered on Apr 4, 2022

You can contact the local bar association to see if there are any pro-bono attorneys.

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