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Questions Answered by Howard E. Knispel
1 Answer | Asked in Child Custody and Divorce for New York on
Q: What records do I need to change after divorce granting me my maiden name back?

I recently got a judgment of divorce in the mail, and it states I can resume the use of my maiden name which I fully intended to do. have a family court file and family court order awarding me custody of my son way before the divorce. The divorce stated to continue to use that family court order.... Read more »

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

You do not need to change your name. The divorce judgment gives you the power to do so if you want to. The judgment of divorce is a name change order itself. You do not need to go back to court.

1 Answer | Asked in Child Support and Family Law for New York on
Q: Does the amount of child support reduce for the non custodial parent if child doesn’t live with custodial parent?

If my child lives with grandparents instead of custodial parent how is child support calculated? Does the amount get adjusted because child doesn’t live with residential parent. Are both parents now obligated to pay? Let me preface by saying I have joint custody and I would like my child to live... Read more »

Howard E. Knispel
Howard E. Knispel answered on Dec 20, 2021

If a payee parent is no longer custodial of the child, he/she is not entitled to any child support. If the grandparent that is now custodial over the child they must petition for support from both parents.

1 Answer | Asked in Traffic Tickets and Criminal Law for New York on
Q: I was stopped in September 2020 for an expired inspection sticker I was arrested afterwards for suspended license

Government cumo said there was a government order that police could not stop or ticket for expired inspection stickers until November 3rd 2020 was this an illegal stop

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

If your inspection sticker expired after March 31, 2020, you had until 12/1/2020 to get your inspection. But you needed to go to court to fight it. You could try to reopen the case. Contact a local attorney.

2 Answers | Asked in Traffic Tickets for New York on
Q: Is pleading to 1101 (0 pts) advisable to a court appearance for 1111D1 ?

I was given a ticket for VTL-1111D1 by an officer claiming I passed a red light. he was sitting at the corner of the intersection which already has a traffic camera. I entered the intersection when it was still yellow light but the intersection was wide (4 lines) so by the time I passes it... Read more »

Howard E. Knispel
Howard E. Knispel answered on Dec 10, 2021

Whether you have a case is, unfortunately, not the real issue. This is an administrative tribunal. The judge is an employee of the agency and is pressured to find people guilty. Your proof would have to be so overwhelming that the judge would be willing to jeopardize his job to find you not... Read more »

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2 Answers | Asked in Divorce for New York on
Q: Do I have to live w/ my spouse for a no-fault divorce in NYC?

I was married 6 weeks ago + the union dissolved quickly. We don't + never have lived together, I've only seen him 4x and it wasn't consummated. I consulted an attorney about a possible annulment + told it's complicated and potentially expensive to build a case, especially if he... Read more »

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

The "no-fault" divorce statute requires a marraige to have been irretrevably broken for 6 months or more so you can not use those grounds prior to 6 months. It is irrelevant whether you live together or not. You should always have a stipulation of settlement to spell out the details of... Read more »

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2 Answers | Asked in Child Custody and Family Law for New York on
Q: I am looking to take full custody and residential custody back from my mother. We all live together.

Next year, we both plan on moving and would like to get this done immediately. She does not contest to me having full custody with the residential. How do I go about doing this?

Howard E. Knispel
Howard E. Knispel answered on Nov 9, 2021

It depends on how your mother got custody. If it was in a custody case in Family Court then you need to file a Petition to Modify Custody. If it was after a Permanancy Hearing, there may have been conditions placed. Call a Family Law Attorney to speak to your specific situation.

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: I have a visitation order and would like to know if the order applies to holidays as well.

There is no court order holiday schedule. But order states Parenting Time with child from 3pm to 7pm for 1 month on Wed and Thurs.father will have parenting time picking up the child at 3:00 pm on Wed, returning to school Thurs am, picking up from school Thurs 3pm and returning to school on Friday... Read more »

Howard E. Knispel
Howard E. Knispel answered on Nov 8, 2021

If there is no provision for holiday visitation and no court order, then the regular schedule remains even during holidays.

1 Answer | Asked in Divorce and Family Law for New York on
Q: So in new york does a spouse have rights to elective share of a home that was quit claim deeded once wife passes

My stepdad quitclaimed deeded home to my mom now he wants an elective share of 1/3. Of the home.as spousal rights after death is he legally entitled

Howard E. Knispel
Howard E. Knispel answered on Nov 8, 2021

A right of election gives a spouse a right to disregard a will provision and receive a share of the estate of a deceased spouse as if there was no will. This prevents a spouse from not providing for their legal spouse in a will.

2 Answers | Asked in Child Support for New York on
Q: My disbursement payment was $474.94 but only received $200. Will the payments roll over to the next month ?

My disbursement amounts changes. Only received $200 for 3 kids but my disbursement amounts be way more than $200. Where does the rest of the money go?

Howard E. Knispel
Howard E. Knispel answered on Nov 6, 2021

You are entitled to whatever is in your court order. The amount you receive could be because, by law, the CSCU can only take up to 65% of disposable income. If the payor received less income, you might have received less disbursement, but the remainder is still owed to you and becomes arrears.

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1 Answer | Asked in Family Law for New York on
Q: Is Nassau family court in new York accepting new petitions for new matters

Is the family court accepting walk ins to petition the court on new matters

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

Yes they are. The clerks office is open and the courts are mostly doing in person hearings.

1 Answer | Asked in Child Support for New York on
Q: Why didn't the New York State Support Collection Unit give me the payments that my husband paid for over 3 years??

My ex-husband had not paid in about 4 years. He was in another state and working under the table. Unbeknownst to me, he started making payments. No one ever contacted me and I never received any payments from the SCU. What is my recourse??

Howard E. Knispel
Howard E. Knispel answered on Nov 1, 2021

You should contact the CSCU. They may not have your current information.

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: Can this be used in a child custody case

Screenshots of old Facebook post from child's father badmouthing the mother calling her names and threatening violence against her example being somebodies gonna blac youngsta my dumbass baby mama and how far back can I go there is years worth of bad mouthing the mother on his Facebook page

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

Evidence of what? I do not see anything that would be deemed harmful to the child, which should be the only criteria.

1 Answer | Asked in Divorce and Landlord - Tenant for New York on
Q: I would like to know how to go about an eviction for my adult daughter and her family being that I’m getting divorced?

She lives there with her two kids and her boyfriend. She stopped paying rent to save up to move out but I would like to get her out before the year is up or my divorce is final

Howard E. Knispel
Howard E. Knispel answered on Oct 24, 2021

The method depends on whether she is considered a "tenant". Does she have a lease? Does she pay rent. If she is a tenant you can evict her from your home in LLT court. If not she is a licensee and you need to file an action for ejectment in Supreme Court.

2 Answers | Asked in Divorce for New York on
Q: My ex. asked me not to ask for alimony and he would give me 600. a month so far nothing. We've been divorced since 2012.

He is also mentally abusive to both myself and our son who has a brain tumor.

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

Is that agreement in your divorce stipulation? If so you can file a contempt proceeding. If it is not in your divorce stipulation you may not be entitled to anything. Talk to a lawyer.

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1 Answer | Asked in Traffic Tickets for New York on
Q: I was on the phone with doctor while driving. My phone fell from clip attached to dashboard while talking hands free.

I picked up phone and continued talking, then officer pulled me over and gave me a ticket. If I bring a doctors note will judge still make me pay fine?

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

Yes, you will have to pay a fine but you can see if it can be reduced. A cell phone violation is 5 points on your license.

2 Answers | Asked in Child Custody for New York on
Q: What can be done if a family court judge fails to issue a decision, in a reasonable time, after a custody trial ends?

In this case the closing arguments were submitted in writing more than 14 months ago. This is a Suffolk County custody case. The parents were never married.

Howard E. Knispel
Howard E. Knispel answered on Sep 23, 2021

Judges are usually given 60 days to issue a decision, however, sometimes they can be tardy. You do not want to push a judge because that could influence a judge negatively.

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2 Answers | Asked in Traffic Tickets for New York on
Q: Can i get issued a summon for not wearing a helmet riding my bicycle?
Howard E. Knispel
Howard E. Knispel answered on Sep 22, 2021

New York State law requires the wearing of a helmet whiole riding a bicycle. You can get a summons for not wearing one.

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1 Answer | Asked in Child Support for New York on
Q: Are there any circumstances that a judge would award someone retroactive child support in NY if they haven’t filed?

I probably should have filed when my baby was born but I went through a very long recovery and the courts were closed in NY. I was trying to work out a deal with my ex amicably. Are there any circumstances that would allow NY to award us retroactive child support from birth? My daughter is 8 months... Read more »

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

No. By law, child support is only retroactive to the date of filing of the petition.

1 Answer | Asked in Child Support for New York on
Q: Could I get retroactive child support in NY if the father didn’t sign an acknowledgement of paternity if I didn’t file?

Because of Covid and a long recovery from post partum, I wasn’t able to file until recently. My daughter is now 8 months old and we haven’t received any child support from her dad. He was there for the birth of the baby but did not sign the acknowledgement of paternity or birth certificate.

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

You are going to need to file a paternity and support action. Child support can only be retroactive to the date of your petition.

1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: 50% custody - who is paying for child support?

Our child will be living with me in NYC since she’s enrolled in a NYC public school. Our child would spend all weekends with her mom outside of NYC. My spouse wants a 50% custody. My spouse is the lower earning parent. While our child will spend 65% of her time with me and 35% of her time with... Read more »

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

In a 50/50 custody case, the higher earning spouse pays child support based on the Child support standard act as if he/she does not have custody.

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