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Questions Answered by Howard E. Knispel
1 Answer | Asked in Family Law for New York on
Q: I have a family court question I'm having issues with my childs mom we have joint custody of our daughte

she's constantly causing issues and has even tried getting me to give up rights and is refusing to let her see her grandparents and I need help with this

Howard E. Knispel
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Howard E. Knispel
answered on Feb 7, 2023

If there is a court order, she can not violate the terms of that order. But you need to review the wording of the order. Speak an attorney to see if you have a case for a violation petition.

1 Answer | Asked in Child Custody and Child Support for New York on
Q: How do I get full custody of my son and child support from my ex-boyfriend?

My ex-boyfriend has an alcohol issue. He also is living in a hotel where he is surrounded by drugs and alcohol. The last time I talked to him he did not have a job. I am concerned that he will want to take our son to this unsafe environment.

Howard E. Knispel
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Howard E. Knispel
answered on Feb 6, 2023

You need to file petitions in the Family Court. Child Support and Custody are two different matters and, even though they are in the same courthouse they are handled separetly. You need to file a separate petition for each.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: My ex has unsupervised visitation at a specific public place (mall) what happens if my family is at the same place?

My ex was awarded unsupervised visitation, but at a public place, which is a mall. Am I in violation of the order if my family members are at the same mall during the visit. Not in a supervisory capacity but simply present just in case? Being that it's a public place I'm unsure if this... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Feb 1, 2023

If they just happen to be there and do not interfere with the visitation there should be no problem. If they interfere in any way that could be a problem.

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2 Answers | Asked in Divorce for New York on
Q: I have question regarding divorce agreement and my share of house. Separation agreement was 11 years ago and options?

Is there a way I can force her to give me my share 11 years later.

Howard E. Knispel
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Howard E. Knispel
answered on Feb 1, 2023

There is no statute of limitations, however, failure to excercise your rights could be considered a waiver. It really depenmds on what preovisions you are trying to enforce. Speak to an attorney to interpret your agreement.

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1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: My has been paying the mortgage since we got divorced. He then stopped paying child support. He says he has a right

He says he can do this because the mortgage is more than the child support. We have an agreement and no where in it did I agree to that. This has been over 5 years. He’s a corporate lawyer and believes he’s right. I just want to know if he is.

Howard E. Knispel
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Howard E. Knispel
answered on Feb 1, 2023

Child support is not interchangeable with any other payments. If he is court ordered to pay the child support than he must continue to do so or be held in violation, or even contempt. Whether he pays the mortgage is a separate issue. If he is court ordered in the divorce to pay the mortgage as... Read more »

2 Answers | Asked in Family Law for New York on
Q: My dad is in a different state, his POA was given to his stepson. My sibling and I are afraid he was taken advantage of

How can we get this reversed he is 80 and in a rehabilitation center in Mississippi his wife recently passed away while they were in the hospital

Howard E. Knispel
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Howard E. Knispel
answered on Jan 31, 2023

This is not a Family Law question. It is a trust and estate question. Also it may need to be posted in Mississippi rather than New York since that is where your father lives. It may depend on where the POA was executed. Repost in the appropriate area of law and jurisdiction.

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1 Answer | Asked in Family Law for New York on
Q: Can the executor of the will move his family into the home where other beneficiaries live without consent?

Executor of will refuses to show beneficiaries the will but showed to people who are not in will?

Howard E. Knispel
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Howard E. Knispel
answered on Jan 30, 2023

An Executor's job is to execute the wishes of the testator and carry out the trms of the will. He/she has no other powers.

3 Answers | Asked in Divorce, Family Law and Child Support for New York on
Q: In New York, how often and under what circumstances can you modify a child support order?

I have a child support order which was put into place in 2017 and I've never had the child support modified, but we had a modification in 2021 for the child care (day care, after care, camp) portion of it (not the amount, just how it is to be paid) Magistrate says that is still considered a... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Jan 27, 2023

Not sure what the question really is. There is no limit on how often a support order can be modified. A child support order may be modified every 3 years or upon a change in the non-custodial parent's income of 15%. Any change to the original order is considered a modification.

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2 Answers | Asked in Traffic Tickets for New York on
Q: Hi today I was given a ticket for going 90 in 55 in NY. I have a clean record, no tickets, etc. What do I do next?

He also stopped me using 2-Radar. How can I get this down or reduced, etc.

Thank you to any advice or help!

•Any advice when I show up in court?

•No previous tickets, etc.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jan 27, 2023

If this is your first speeding ticket (or the first in over 18 months) your ticket should be able to be reduced. You need to put in a not guilty pleas ASAP (keep a copy of the ticket before you mail it in), or go to an experienced traffic lawyer who can handle everything for you and you would not... Read more »

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1 Answer | Asked in Divorce for New York on
Q: How do I enforce a divorce decree against a POA who stopped sending alimony payments when an ex spouse fell ill.

They were married for over 40 years. He was always good about making his alimony payments to her. When he became ill my mother in law informed his sister (POA) that she wasnt receiving the checks and his sister said she wont be sending them. I am not sure how to go about enforcing a divorce decree... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Jan 24, 2023

You do not enforce it against the POA, you enforce it against the ex spouse. You file a petition in Family Court or in Supreme Court. Talk to an attorney.

1 Answer | Asked in Divorce for New York on
Q: If I was married in Costa Rica and want a divorce now I am in the United States, what options are there?

A marriage was entered into in Costa Rica. One spouse lives in Costa Rica and one spouse is a resident in New York.

What options are available for divorce?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jan 19, 2023

It depends on the state of residence. Each state has it's own jurisdiction requirements. You need to speak to a lawyer in the appropriate jurisdiction.

2 Answers | Asked in Family Law, Domestic Violence and Legal Malpractice for New York on
Q: Why would I use an attorney provided by this judge ?

I'm not comfortable using an attorney in Herkimer county especially one provided by this judge! Especially if my brothers mother in law who could have possibly plaid a hand in his decision to put me and my family on the street in the middle of winter when I was the assaulted party ?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jan 16, 2023

You can use any Attorney you choose as long as you pay gor him/her. However if you are asking gor a court appointed attorney then you get who is on the Judge's list.

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1 Answer | Asked in Family Law for New York on
Q: My lawyer got sick in the hospital I had a court date today he said he would adjourn it but I it got dismissed why ?

My lawyer said it would be a journey but the courts dismissed it is this the same thing

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jan 16, 2023

No. An adjournment is simply postponing the court appearance until another date. A dismissal means the case is over. If you need it to continue you need to file a motion or new case. Talk to another lawyer to see what your next step should be.

2 Answers | Asked in Child Custody for New York on
Q: If my mom had custody of my child and she recently passed away does the custody go back to me
Howard E. Knispel
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Howard E. Knispel
answered on Dec 29, 2022

Not automatically. You need to get the court to grant you custody.

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1 Answer | Asked in Family Law and Child Support for New York on
Q: I’m considering dating a single mother that’s serious about commitment. What can I do to protect from paternal estoppel?

How common is this occurrence and what length of time, in regards to providing and/or a cohabiting living situation, would make this applicable.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 26, 2022

In my 34 years specializing in family law in NY I have never heard the term parental estoppel. However, if you are referring to a non biological parent being held out as the parent of a child for support purposes. NY has case law in which non biological "parents" have been held... Read more »

2 Answers | Asked in Family Law and Child Support for New York on
Q: I have a child support case in NY The birth certificate was signed in PR DNA proves the child not mine. How do proceed?

I reside in NY now for many years. Child lives with her mom in another state. The birth certificate was signed in PR many years ago. Recently it has come to light through paternity test that the child is not mine. I want to stop payments and take my last name as father from the birth certificate.... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 16, 2022

Any action must take place in the state (or territory) where the child has lived forvthe past 6 months.

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2 Answers | Asked in Family Law and Child Support for New York on
Q: Is one mandated by law to provide the financial documents submitted to the court to the other party in child support?

Section 424-A Compulsory Financial Disclosure of the Family Court Act only requires a party to file all the compulsory documents with the clerk of the court. However, the Support Magistrate Assistant took it upon herself to the send the documents via email to the other party’s attorney. Is that... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 13, 2022

Yes. The other party is entitled to see all financial documents.

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1 Answer | Asked in Family Law for New York on
Q: Sons father is in jail for the next year . His mother has never met my son but is taking me to court for visitation.

Living in New York State . The father abused me , was on substances and is in jail for a serious charge . His mother supported his actions/ enabled him . I have not heard from her in years but it is not safe to have my son around her (he’s a toddler ) or his father . What are my rights with this... Read more »

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

While a grandparent has a right to petition the court for visitation, they do not have an automatic right to such. A grandparent who has had little to no contact with the child would have a hard time justifying visitation rights.

2 Answers | Asked in Divorce and Family Law for New York on
Q: Hi Do you have any court cases that went through for a common-law wife that claimed maintenance?
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 2, 2022

New York does not recognize common law marriage. Spousalsupport can not be granted if the couple is not legally married.

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1 Answer | Asked in Divorce for New York on
Q: my wive's lawyer wants me to sign a consent to have access to my salary information at work. Can i decline?
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 30, 2022

Financial disclosure is mandatory in a divorce case. The attorney could simply get a subpoena if you do not cooperate.

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