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Questions Answered by Howard E. Knispel
1 Answer | Asked in Child Support for New York on
Q: I have an on going stipulation for separation for 3 years. We haven’t settled yet . Within that time my ex had a 10%

Increase in pay. Should the child support amount reflect that change? Written in the stipulation currently is his previous salary from last year.

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

Not sure what you mean by "on going stipulation for separation". Has the stipulation been signed? Is there litigation "on going"? If there is a signed separation agreement, you can go into court and ask for a modification. Whether you get it or not will depend on several... Read more »

3 Answers | Asked in Bankruptcy for New York on
Q: once a motion for bankruptcy is approved and finalized by a bankruptcy court, can a creditor still come after assets?
Howard E. Knispel
Howard E. Knispel answered on Feb 23, 2021

First a bankruptcy petition is complicated. There are 2 types of personal bankruptcies, Chapter 7 and Chapter 13. In a petition, there is a form to exempt assets. Also there is a form called a statement of intention, which allows the debtor to decide what their intention is with secured property,... Read more »

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can you get your case set up to pay your 19 year old directly for support?

My husband pays support for a 19 year old who hasn’t attended school since he was 16. He lives with his girlfriend half the time at his Mothers and half the time at his Girlfriends Mothers. He works under the table and pays rent to his Mother and is responsible for his own food. We have... Read more »

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

The only way to terminate the support to the custodial parent is to have the child declared emancipated, which is a high bar. You need to show that he is self supporting. If he is still living with the custodial parent, and is not making enough full time to support himself, he will not be... Read more »

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2 Answers | Asked in Child Support for New York on
Q: How can someone stop paying child support when they now live on there own and have a job and no longer go to college ?

And the mother is receiving and keeping the money

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

File a petition in Family Court to modify child support. If the child is over 18 and lives on his/her own and is self supporting, the child is considered emancipated. However this is reversable if the child is no longer self supporting and is under 21.

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1 Answer | Asked in Child Support for New York on
Q: My 18year old has graduated high school, is working 40hrs and lives with his father. Do I still have to pay support?

My son is not going to college and his father only lives at the same residence part time (according to my son). Do I still need to pay child support since my son is working full time?

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

The issue is whether your son is "self supporting". While working full time is one variable, if he is making minimum wage and unable be support himself, the court can continue child support.

1 Answer | Asked in Traffic Tickets for New York on
Q: In NYS does a parking citation have to have the police officers name on it and does it have to have a court date?
Howard E. Knispel
Howard E. Knispel answered on Feb 8, 2021

The uniform citation, used in most, but not all cases, has the officer's signature and a date to return the citation with your plea. In some circumstances it may require an appearance on that date.

1 Answer | Asked in Child Custody for New York on
Q: The court will not modify my child support payments even with a -$20,000 change in income. Is this legal?

The custodial parent will not agree to a change in payments because obviously she wants more money. And the court won't modify it so that I can afford to pay? I am $18k behind in arrears you would think they would modify it so I can pay?

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

I assume this is a New York case even though you live in VA. The court will not modify if you lose your job or change jobs voluntarily. You need to prove your loss of income was no fault of your own. You should speak to a lawyer.

1 Answer | Asked in Family Law, Gov & Administrative Law, Elder Law and Divorce for New York on
Q: NYC dept of health denied request for birth certificate stating first name has one letter different than legal name.

What law requires a senior citizen to change the name on their birth certificate to match current name ?

Why is name on social security not considered legal name?

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

You can file a petition to change your name with the court. It is a relatively simple form that you can download from the court website. As for divorced people, every NY divorce judgement includes an order allowing the person to change their name back to their previous name.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Co-parent with equal custody and visitation is requiring to see a negative COVID test from me before I see my daughter.

I travel once a month for work and follow all protocols including obtaining COVID testing. Every time I travel, my daughter's mother demands to see a negative COVID test from me before she will allow my daughter to come back to me. We have had a one week on/one week off visitation schedule... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jan 31, 2021

If there is a court order of custody and visitation, she can not withhold visitation without a court order. Just as she demands this of you, you can demand it of her, but it is not enforceable without court order.

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1 Answer | Asked in Family Law for New York on
Q: Can a grandparent stop me from moving out of state after the death of there grandchildren’s father.

They force grandchildren to go to church and say I’m not living in a religious life style

Howard E. Knispel
Howard E. Knispel answered on Jan 28, 2021

Unless the grandparents have court ordered visitation rights, they have no say and you can move anywhere you want with your children.

1 Answer | Asked in Child Support and Divorce for New York on
Q: what does incorporation by reference without merger and continuation during action of divorce
Howard E. Knispel
Howard E. Knispel answered on Jan 25, 2021

It means the Stipulation of Settlement (Agreement) becomes a part of the Judgment of divorce and is fully enforceable as a court order.

1 Answer | Asked in Child Support for New York on
Q: Can the ex husband file a motion to reduce the child support amount in NJ where he lives and the children lives in NY ?

He moved to NJ in aug 2020 and changed his work using the COVID-19 situation and did not pay the support for 7months now.

The divorce decree was from NY .

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

Under the Uniform Child Support Enforcement Jurisdiction Act, the state where the children have resided for the previous 6 months has Jurisdiction over the case. You can ask the court to dismiss for lack.of Jurisdiction. If he has not paid you can file a violation petition in NY against him.

3 Answers | Asked in Divorce for New York on
Q: How can I get divorce that guarantees me to be with my child?. I don't mind if he do visitation.

I live in new york and i have been married for 5 years . our daughter is 4 years old also my husband has 3 children from ex marriage. I cant live with my husband any longer due to his anger problems towards me. he is very verbally abusive and he grabs my child way from me many times. I have so much... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jan 18, 2021

There are no guarantees. If you are the better parent, and based on what you are saying, you would be the custodial parent. The fact that your spouse has other children is only a small factor. The courts rately, thought not never, split full siblings, but are less restrictive with half siblings.... Read more »

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2 Answers | Asked in Family Law for New York on
Q: My mother is keeping my birth certificate and social security card from me, but I'm 18 and moved out. Is this legal?
Howard E. Knispel
Howard E. Knispel answered on Jan 17, 2021

You can get duplicates from the appropriate offices.

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1 Answer | Asked in Child Support for New York on
Q: I am the custodial parent. The non custodial parent has not paid child support in over a year. It is now last 5,000.

I am single parent on government assistance and in school. The non custodial parents has more than $5000 worth of support. I was told as long as I am on public assistance I will not receive child support. He has not worked at all and there is another child he has as well. I live in NYC how will... Read more »

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

If you are on public assistance, any child support collected goes to the Department of Social Services. They can go after him to reimburse them for your public assistance.

4 Answers | Asked in DUI / DWI for New York on
Q: I live in new york and was charges with aggravated dui in may 2020 and have yet to be arrainged it was to be june 6 2020

The court postponed it, is there a time limit for the court to do so despite covid. it is being done virtually and on the phone at that court

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

As long as you are not in custody, there is no speedy trial issue. You should contact a local attorney.

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1 Answer | Asked in Family Law for New York on
Q: Is it illegal for cps to remove a child before getting a court order

Cps came to the shelter and removed my son from my care they at first would not say why and i asked them if it was do to aligations being made also I came back yesterday to the shelter after leaving for a ride and found new court potions that were left in my room

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

If CPS determinbes that there is a situation that endangers the health or welfare of a child they may take immediate action and remove the child. They schedule a court case afterwards. You should speak to an attorney.

1 Answer | Asked in Child Support for New York on
Q: i was incarcerated for 6yrs straight and was indigent due to this incarceration. At which time child support did not

freeze payments until i was released to get employment to pay. Shouldnt the payments that i was billed for during that period be voided?

Howard E. Knispel
Howard E. Knispel answered on Dec 30, 2020

No. Your obligation of child support continues during your incarceration.

1 Answer | Asked in Estate Planning for New York on
Q: My father is incarcerated he place me as his beneficiary how does it work I haven't had contact with him recently
Howard E. Knispel
Howard E. Knispel answered on Dec 23, 2020

Beneficiary of what? This question is too ambiguous to answer. Be more specific.

1 Answer | Asked in Child Support, Criminal Law and Family Law for New York on
Q: Can a Support Magistrate reduce child support after the other party admitted unemployment fraud on the record in NY?

The other party is trying to get child support reduced. He admitted he does side jobs and has turned down 3 jobs without telling unemployment.

Howard E. Knispel
Howard E. Knispel answered on Dec 22, 2020

The court must determine what the payor is capable of earning. If the payor is capable of earning more than he/she is actually receiving, support will be determined on the capablity as opposed to the actual earning.

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