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Questions Answered by Howard E. Knispel
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.

3 Answers | Asked in DUI / DWI for New York on
Q: DUI NY First time ofense. Charged w/ 1192.2, 1192.3 and 1128A. Returned DL and told can drive. What can expect in court?

Westchester county NY. Never been arrested first offense. Tried to get the police report and the police doesn’t want to give me one. 2 breathlyzer one highway and the HQ. I don’t know how much the police found BAC. High education, 30, full time employee

Howard E. Knispel
Howard E. Knispel answered on Aug 30, 2021

You are bwing charged with dr8ving under the influence of alcohol where your BAC is over the legal limit of .08 as well as driving out of your lane. Different counties prosecute these differently in regards to plea bargaining depending on your actual BAC. That will determine what happens. You need... Read more »

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2 Answers | Asked in Traffic Tickets for New York on
Q: ticket and pleaded guilty online, received a zoom date with prosecutor and miss the date. Is my license suspended?

Date was 8:11/21. Ticket was for entering the hov where u should exit

Howard E. Knispel
Howard E. Knispel answered on Aug 13, 2021

Your license would not be suspended yet. You might be able to get the case restored by contacting the Traffic Agency or you may need to do it by motion. Contact an attorney to see what your situation is.

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1 Answer | Asked in Child Support for New York on
Q: My ex wife and I divorced over 10 years ago. We never did a child support order instead I always paid her and

paid expenses For my child. This worked out well for both of us as she never wanted to bother with court. Now my son is 19 and still lives with his mother. I still provide for him financially but I feel he is an adult and should get a job to help cover some expenses. My ex is now threatening to... Read more »

Howard E. Knispel
Howard E. Knispel answered on Aug 13, 2021

In NY child support obligations are till 21. However it is only retroactive to the date of the filing of the petition. Assuming, of course, there was no prior order.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Does a week of summer vacation include your weekend parenting time or is in addition to it?

I need some clarity on the order. It says "The mother and father are entitled to spend 2 non-consecutive weeks with the child each summer". Father has Every Other Weekend schedule. Is one week seen as five days or seven days? Would the vacation include his weekend in this vacation week?... Read more »

Howard E. Knispel
Howard E. Knispel answered on Aug 13, 2021

Unless stated otherwise, the vacation time supercedes weekend visitation. If your vacation is at the same time as the other parents normal weekend visitation, the vacation time counts and the weekend does not.

1 Answer | Asked in Family Law and Child Support for New York on
Q: Can I be liable for cosmetic, non medically necessary procedures such as dental retainers?

I'm a non custodial parent, per court order I am responsible for 53% of unreimbursed health related expenses. My daughter recently got dental retainers placed. Per dentist office these were voluntary and not medically necessary. Insurance doesn't cover as they are considered a cosmetic... Read more »

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

If these are purely cosmetic and there is no medical necessity, unless your order says otherwise, you may not be responsible. The mother needs to make the argument these are medically necessary.

1 Answer | Asked in Child Support for New York on
Q: Missed a court date at have been paying over70percent of my unemployment income each of my 3 child support cases legal?
Howard E. Knispel
Howard E. Knispel answered on Aug 9, 2021

Well, it seems you were defaulted and an inquest was taken. You could try to restore the casae with a motion, but it depends on how long ago the case was heard. You could file a new petition to modify but that will only retroactive tyo the date of your new filing. Talk to an attorney.

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.

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