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Questions Answered by Howard E. Knispel
1 Answer | Asked in Child Support for New York on
Q: Can I get a lawyer to investigate my case for child support? I feel like I been paying 20+ years with not solution.

I been paying child support for over 20+ years in arrears and paid off New York in 2 years 30,000. Now Massachusetts is saying I owe them 32000 which not only they take from my check every two week but they take my income taxes i feel like forever and when I look in child support acct it never goes... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jul 26, 2021

New York is a big state. What county is the case in? Where does the mother live?

2 Answers | Asked in Real Estate Law, Divorce and Family Law for New York on
Q: Can I sell my half of a house co-owned with my ex-wire? We are both on the mortgage.

Ex-wife makes payments out of alimony as per divorce agreement. She needs to buy me out or sell the house in about3 years. When the house is sold we split the profits. Can I sell my half to someone else? We are both on the mortgage.

Howard E. Knispel
Howard E. Knispel answered on Jul 26, 2021

If you and your ex own the house as husband and wife then no. You would need to start a partition action. You could make an agreement with a third party for them to receive the proceeds, but your name is still on the deed and would need to sign the transfer documents. In a partition action you... Read more »

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2 Answers | Asked in DUI / DWI and Family Law for New York on
Q: My granddaughter’s father was issued a restricted drivers license for a DUI & he is telling me that he can drive w baby

He is having a breathalyzer installed for work & back but said he can drive my 10 week old granddaughter in his car. The baby lives at my home & not with him. I have a working vehicle to take the baby where she needs to go.

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

If his restrictions are to work and back, that is it. He can not drive anywhere else without violating the law.

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3 Answers | Asked in Traffic Tickets for New York on
Q: I Failed to stop at stop sign. Ticket has a court date on it, cop says it’s not mandatory, just wanted to be sure.

This is the second ticket since May. I will plead guilty because I don’t want to go to court. I just wanna make sure when I do that I don’t have to show up for my court appearance.

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

If you send in your ticket with a guilty plea you do not need to go to court.

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2 Answers | Asked in Divorce for New York on
Q: I was served a summons with notice in NY for a divorce. I missed deadline of 20 days thinking it was 30. What can I do?
Howard E. Knispel
Howard E. Knispel answered on Jul 22, 2021

Likely the other side has not filed for default yet. You can still file an appearance without a problem if you hurry. Even if they file for default, the courts are reluctant to give defaults in divorce cases.

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1 Answer | Asked in Child Custody for New York on
Q: My daughter has modified legal custody of her two-year-old

She wants to move to our family farm in Hawaii from New York state. She gets no financial support from her ex-husband but could support herself here in Hawaii. Do you have any suggestions

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

She needs to file a relocation petition in New York and justify moving will benefit the child. She should talk to a lawyer.

1 Answer | Asked in Family Law and Child Support for New York on
Q: I was told I voluntarily left a higher paying job, for a lower paying one to avoid higher support.

I left this higher paying job due to the stress levels and hardships of being understaffed and working mandatory overtime. This job was a new experience to me. I held on for 2 years, until COVID hit, we lost many workers, but kept the same workload. I was approved of a promotion that I didn’t... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jul 17, 2021

You can not voluntarily leave a higher paying job, for a lower paying job and expect a decrease in child support. Your income will be imputed based on your capability to earn, not your current earning. That is the law.

1 Answer | Asked in Family Law and Child Support for New York on
Q: Is leaving a higher paying (overworked, understaffed) job for a lower paying one considered voluntary leave?

This job included 12-hr overnight swing shifts. I gave my all, worked there for 2 years, waited months for a promised promotion. All I’m trying to figure out, is “how do I prove to the is judge im not scamming the system or my child??” I went back to my Highest paid skill set (sous chef,... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jul 17, 2021

You can not voluntarily leave a higher paying job, for a lower paying job and expect a decrease in child support. Your income will be imputed based on your capability to earn, not your current earning. That is the law.

3 Answers | Asked in Family Law and Child Custody for New York on
Q: What happens during court for visitation/custody after a mental health evaluation has been done.

My ex husband has a crack and alcohol addiction. He has been several times in the psych ward and the judge order a mental health evaluation. Both my daughters lawyer and my lawyer are requesting for an order of protection for my baby. What is the process? Will he get visitation rights and joint... Read more »

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

You need to talk to your attorney. These cases are complicated. This kind of question is specific to your case and only an attorney familiar with your situation can answer.

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3 Answers | Asked in Divorce for New York on
Q: Hi - If I have residency FL but own property with husband in MA and now live in NY as he abandoned me - where divorce?

He is a German/US citizen and receives pension and SS both countries and has left me with no money, car, support, etc.

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

Jurisdiction in NY is dependent on several factors such as how long you have lived in NY, whether tbe two of you lived in NY when he abandoned you, where were you married, etc. Speak to a lawyer to get more specific information.

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: Is it neglectful of a court referee to not allow document from doctor stating child has been diagnosed with Autism?

Currently in custody trial

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

What document? You need to have certified subpoenaed documents for them to be admissible. Yoir lawyer should be able to explain that.

1 Answer | Asked in Child Support for New York on
Q: I am paying arrears for child support can I travel to Puerto Rico and I do not have a us passport

My arrears are just over $2500

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

Puerto Rico is in the US. You do not need a passport and you can go.

2 Answers | Asked in Criminal Law, Personal Injury and Child Custody for New York on
Q: I am over 18 and I have mental distress caused by my parents.
Howard E. Knispel
Howard E. Knispel answered on Jun 10, 2021

You are over 18. You are an adult. You can move out of your parent's home and ignore them . You could try to sue them for child support until the age of 21, but you will need to show that you were forced to move out. Speak to a lawyer.

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2 Answers | Asked in Traffic Tickets for New York on
Q: Would I lose my driving privileges or just get fined?

This is my first time getting a ticket. Had two of my sons 16&17 up on the roof, told them to knock it off and when they were bout to go down, cops pulled us over. Should I fight for a trial or just plead guilty? If I do, will I lose my driving privileges?

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

Honestly, you are lucky if you are not charged with child neglect. Never plead guilty. Get yourself a good lawyer.

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3 Answers | Asked in Contracts, Estate Planning and Real Estate Law for New York on
Q: Can a failure of payment from a PA judgment be recorded as a lien in NY?

Judgement if lawyer fees from a contempt in custody. He hasn't paid anything and won't pay. After I get a judgement for contempt again, can the PA judgment be recorded against his house in NY?

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

Yes, but it is not automatic. The creditor has to start an action in NY to confirm the PA judgment. Then it will become a lien in NY.

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2 Answers | Asked in Child Custody and Divorce for New York on
Q: I’m on the verge of divorce

My wife has had 2 affairs she emotionally and verbally is abusive to my oldest child 13 makes threats to keep her from seeing me on visits when she don’t get what she wants, we have 2 kids she is trying to take from me she has anger issues and control issues we been married 21/2 years what should... Read more »

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

You should file for custody in Family Court if you too are separated. Otherwise you need to file for divorce with an immediate Pendente Lite motion. Talk to a lawyer.

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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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