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Questions Answered by Howard E. Knispel
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.

2 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
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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
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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
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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.

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
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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
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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
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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 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
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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
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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.

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... Read more »

Howard E. Knispel
PREMIUM
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
PREMIUM
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.

1 Answer | Asked in Divorce for New York on
Q: how will assets be distributed if we have a separation agreement from 2015 and now going through a divorce?

I filed for divorce in march of 2020. We were separated for 5 years already.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 23, 2022

If you have a valid separation agreement that should govern equitable distribution. Speak to an attorney to go over your agreement.

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 for New York on
Q: Why uncontested divorce status is still RJI pending after a year? When will I be granted the divorce?

No assets

One minor child

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

First, there may be documents that are missing or needs correction. Second, Suffolk County clerks office was hacked and that put much of the clerks work well behind.

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