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Questions Answered by Howard E. Knispel
2 Answers | Asked in Traffic Tickets for New York on
Q: Speeding ticket: Definite or Indefinite? Paperwork doesn’t say. Pay for fine/surcharge? Or pay termination fee? Or both?

This paper is one of the most unclear statements. For a reason, I’m sure.

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

Unless this speeding ticket aggregates more than 11 points on your license you need to send in a plea of eiother guilty or not guilty. If you plead guilty they court or agency (depends on the county or town) will send a bill for the fine. If you plead not guilty you will get a court date to... View More

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1 Answer | Asked in Family Law and Child Support for New York on
Q: How does my step son go about a separation with his girlfriend? They have a 2 yr old son involved.

They live in a house that she bought when they first got together, but he pays for everything. He has it set up so that 90% of his paycheck goes in her account to pay all the bills. He is a very involved father. He wants to leave for several reasons but is unsure how he should go about it so he... View More

Howard E. Knispel
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Howard E. Knispel
answered on Jul 17, 2023

Since they are not married there is no need for a legal separation or divorce. However, the house is not marital. Whoever owns the house keeps it. If only the gf's name is on the deed, it is hers. As for custody and support, those canbe dealt with in family court. Whoever is the residential... View More

2 Answers | Asked in Child Custody, Divorce and Family Law for New York on
Q: Should I file for sole custody before filing for divorce?

My estranged husband agreed to signing the divorce papers if I paid for them. I paid for them (online over $300).

When asked about parental planning he wanted no part in the discussion or decision. On multiple occasions he's said he did not want to coparent. He is no longer paying... View More

Howard E. Knispel
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Howard E. Knispel
answered on Jun 23, 2023

This is why you should have hired a lawyer. Submitting divorce papers without both signatures will simply be rejected. You can start separate custody and support actions in Family Court. However, a contested divorce can accomplish all of it. You do not need your husband's cooperation but you... View More

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1 Answer | Asked in Divorce, Family Law and Child Custody for New York on
Q: Can my girlfriends ex husband prevent me from being around her kids during her time with the kids. ?

My girlfriend and her ex husband, have 50/50 custody of their children. We were living together for a few years. We broke up a year ago, but have been trying on and off to work it out, and now we are fully ready to move forward. we broke due to me sometimes yelling at my gf, almost never in front... View More

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

Who has residential custody? There should be no restriction on who sees the children absent an order to the contrary as long as it is with the parent present. If there is a schedule of visitation and he denies it, you can file a violation petition. Your ex would have to demonstrate why you are... View More

1 Answer | Asked in Child Support and Family Law for New York on
Q: Under what circumstances in New York can one file for a modification of child support?

Original Child Support Order was put into place 6 years ago. The Child Support has never been modified. In 2021 there was a MOD in the way the CHILD CARE (completely separate from Child support) was to be paid. Went from a personal check to Zelle. The amount wasn't even changed. Fast forward... View More

Howard E. Knispel
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Howard E. Knispel
answered on Mar 23, 2023

The law is 3 years OR 15%, not both. If there is a 15% increase in the non custodial parent's income, then you are entitled to an increase. Also, it depends on the wording of the last order. If the Magistrate recalculated the child support , then that is the starting date. But if the... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: My lawyer has been rude and also has not sent my divorce papers out. What can I do?

I’ve been in the process of divorcing my husband for almost 10 months now. It is uncontested, he has signed the paper he was served, got it notarized, and sent it to my lawyer over a month ago, our child support was taken care of in family court, we have no assets to split, I’m not taking him... View More

Howard E. Knispel
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Howard E. Knispel
answered on Mar 19, 2023

First you said your husband sigbed papers. Were these a Stipulation of Settlement? There are many papers that have to be prepared and signed by the parties. Then you said you made changes and signed. Did you do so after your husband signed those papers? If so your husband needs to approve that... View More

2 Answers | Asked in Family Law and Child Custody for New York on
Q: can i move to another state with my kids, if i have sole custody?

was never married.

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

It depends. If you are depriving the other parent of parenting time then no, you can not. Relocation should not be done without court approval. If you do and the father files a writ of habeas corpus you will be forced to come back to NY and could even lose custody. See a lawyer before doing... View More

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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... View More

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... View 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
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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... View More

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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
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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.

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
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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... View More

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... View More

Howard E. Knispel
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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 Child Custody and Child Support for New York on
Q: Child custody and child support

I had my children since June of this year. I have filed for sole custody of my children and a restraining order against mother. I was granted a temporary restraining order and my lawyer has already filed for modification of child support. My ex has been resetting the hearing for child custody and... View More

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

The child support matter, once it is resolved, will be retroactive to the date of filing. Your attorney should demand the cases be put on for trial. There is no reason a case should be adjourned that many times.

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1 Answer | Asked in Family Law for New York on
Q: Do I Get Married Again in New York State to change my last name?

We are married outside of the USA (Canada) without a name change, and I'm a dual citizen of Canada and the USA.

We would now like to marry and join last names in New York State where we both live, are we best off getting a new license and marrying in the clerks office?

Thanks!

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

No need to get married again. Your Canadian marriage is fine. If you want to change your name on social security or diver's license you can simply show your marriage license. Or you could file a name change petition in court.

2 Answers | Asked in Family Law for New York on
Q: Can a father sign away his rights?

Can a father in NYS sign away his rights? Leaving only 1 legal parent?

Howard E. Knispel
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Howard E. Knispel
answered on Nov 18, 2022

Short answer, no. A biological father who is not the custodial parent, is responsible for child support regardless of whether he exercises other rights. Only if someone else steps in to adopt the child will the biological father be relieved of his responsibilities.

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1 Answer | Asked in Child Support for New York on
Q: can a Custodial Parent waive the non Custodial Parent child support arrears.

there was never an order for child support payment from the non Custodial Parent due to her mental health and homeless on public assistance with addiction issues. I was working and did not wish to collect child support knowing the incapable status of the non Custodial Parent.

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

If there are arrears, there must have been some order. A custodial parent can waive arrears unless there was public assistance, in which case only the Department of Social Services can do it since the arrears would be owed to them.

2 Answers | Asked in Divorce, Family Law and Child Support for New York on
Q: My ex-husband agreed to pay college and isn't. What state do I start the legal process?

My ex-husband agreed to pay college and isnt. Divorced in CO. My son and I live in NY and the father lives in Minn. My son attends college in NY. Where do I start the legal process?

Howard E. Knispel
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Howard E. Knispel
answered on Oct 23, 2022

It depends on your divorce judgment. Typically jurisdiction lies where the child was residing for the past 6 months. Co tact an attorney to review the divorce.

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1 Answer | Asked in Family Law for New York on
Q: I am an adult muslim female marrying an adult nonmuslim man. We will do a nikkah and a separate legal marriage

I am an adult muslim female marrying an adult nonmuslim man. We will do a nikkah and a separate legal marriage (license/ certificate). What is the legal implication of the nikkah ?

Howard E. Knispel
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Howard E. Knispel
answered on Mar 5, 2024

A religious ceremony has no legal effect. Only the marraige license has legal effect and is to be signed by an officient.

1 Answer | Asked in Child Custody for New York on
Q: how to file child custody for the first time? is it legal to hold on to visitation while filing for custody?

when there is conflicts and threats can I hold on to the visitation right until resolved by court.

Howard E. Knispel
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Howard E. Knispel
answered on Feb 16, 2024

If there are no court orders of custody or visitation then both parents have equal rights to both. If there is a dangerous or unhealthy sitiuation then withholding visitation, if in the child's best interst, might be advisable but a custody petition should be immediatly filed.

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