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Questions Answered by Howard E. Knispel
1 Answer | Asked in Divorce and Family Law for New York on
Q: Annulment in NYS grounds? ideology sovereign citizen extremism

Internet addiction to the research of the strawman stuff;

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

There are very specific grounds for an annulment (DRL 140). (a) Former husband or wife living (spouse is still married to another). (b) Party under age of consent.  (c) Party a mentally retarded person or mentally ill person.  (d) Physical incapacity.  (e) Consent by force, duress... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: Is the divorce not finalized and is the permanent custody order not in place?

We went to court to finalize the divorce 3 months ago. My lawyer called me 11/2 months ago and said there was an error in the document and we have to resign. Both parties need to resign. So I did, my exhusband has not yet. I have to get the custody order to register my children in school. I need to... View More

Howard E. Knispel
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Howard E. Knispel
answered on Apr 18, 2024

If there is a temporary order giving you custody, that should be sufficient to register the children in school. There is no final order as there is no divorce. You will need to file a motion to get the case in front of a Judge to get your divorce and final order if your husband will not sign the... View More

2 Answers | Asked in Divorce, Child Custody and Family Law for New York on
Q: If the noncustodial parent doesn't visit their children in an extended period of time, is this considered abandonment?

I know visits are voluntary, however is it considered abandonment to not participate in parental visits and ignore all communication. Not participate in any decision making? Will this be ground to refile for decision making in the future? How long would I wait to refile for full decision making... View More

Howard E. Knispel
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Howard E. Knispel
answered on Apr 18, 2024

If the noncustodial parent does not abide by the court order of visitation, you can file to modify the visitation schedule. This must be substantial, however. Missing a few visits, especially if there is an valid excuse, might not be considered substantial enough to end visitations. This is very... View More

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4 Answers | Asked in Bankruptcy for New York on
Q: Do you have to report social security benefits in Chapter 7 filing?

My mother is a senior with credit card debt and is essentially judgment proof because she only receives pension and social security, no other income or assets. Do social security benefits get reported in Chapter 7 filing papers in NY?

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

You do report Social security on schedule I and the means test but it does not count toward the means test result. Pension income gets reported on both and does count. Speak to an attorney to decide whether filing is beneficial.

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2 Answers | Asked in Estate Planning and Family Law for New York on
Q: Are wills -- download forms printed from online legal?

We live in New York State

My husband (55) and I (62) would like to make a will, don't have time for a lawyer (leaving town).

Can we download a will from online (i.e.Rural Law Ctr NY provides template)

- print out

- have 2 unrelated people witness

- notarize

Thank you,

Howard E. Knispel
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Howard E. Knispel
answered on Apr 11, 2024

A will must be prepared and executed in an exact way. The witnesses have to know what they are witnessing. When I do a will signing it is a formal ceremony and I ask certain questions of the testator and witnesses. If you do it properly then it should be ok. If you make any mistakes the entire... View More

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1 Answer | Asked in Child Support for New York on
Q: How can they talk to me child support for a woman I was never married to or lived with spousal support
Howard E. Knispel
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Howard E. Knispel
answered on Apr 8, 2024

Child support is required from the non custodial parent regardless of marital status or whether the parents ever lived together. If you are the father of the child you will be required to pay child support. Spousal support in New York, however, is only paid when there was a marriage. If you were... View More

3 Answers | Asked in Family Law and Child Custody for New York on
Q: If a judge has 60 days to make a decision; what happens after that if the time has run out? Do i still get a trial?

Brief procedural background:i am the moving party; i filed a petition to modify custody and OSC 11/3/23. A series of conferences were scheduled monthly on the calendar; including TWO trial dates for May.opposing counsel served me in court during January hearing: “notice of motion”,“attorney... View More

Howard E. Knispel
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Howard E. Knispel
answered on Apr 1, 2024

The 60 day period for a decision is not set in stone. If the motion to dismiss is granted then your trial will not proceed as the case os dismissed. If it is not granted then the case will go to trial. Dates for trial are assigned so the court can clear it's calendar for those days, if the... View More

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1 Answer | Asked in Traffic Tickets for New York on
Q: Do I have enough to fight this speeding ticket in court?

Driving 80 in a 55 on palisades in Rockland county. State cop pulled me over and stated he had me at 80 but saw me slow to 65 when I saw him and wrote the ticket for 65 in 55 zone. Ticket is charged based on Officers “direct observation” and speed verified by “pace.” Does pace mean he... View More

Howard E. Knispel
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Howard E. Knispel
answered on Jan 22, 2024

You will lose. If the zone is 55, going 56 is speeding. The fact that he gave you a break by writing only 65 is a gift to you. Office would testify to his experience and his observation is based on that. BTW, 25 mph over is a 6 point violation. 10 mph over is 3 points.

2 Answers | Asked in Divorce and Family Law for New York on
Q: If I had a separation agreement signed and notarized, but not court approved, can I change my mind about the stipulation

My husband and I had a separation agreement notarized and signed and sent to his attorney, but it was never seen by a court bc it’s going to be

Incorporated into the divorce. He’s not following the rules of the agreement. So can I now get an attorney and say I don’t want the... View More

Howard E. Knispel
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Howard E. Knispel
answered on Dec 28, 2023

A separation agreement, if properly executed, is enforceable. It does not have to be approved by the court. You can enforce it through a divorce action or a plenary action. However, you can not unilaterally toss it aside. If you start a divorce action, your spouse can seek to enforce the terms... View More

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2 Answers | Asked in Divorce and Family Law for New York on
Q: My ex husband filed divorce in New York where he lives I live in Tennessee. How can he send me the final divorce decree?

He claims the court says he cant send this paperwork through the mail. He has my certified copy of the divorce papers.

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

He is not being truthful. He can send the divorce judgment through the mail just like any other document. We usually send the judgments to our clients by mail. You can contact the county clerk in the county where the Divorce was granted and get a copy but you may be required to provide... View More

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1 Answer | Asked in Family Law for New York on
Q: Hello, I have recently found out the father of my son who has been my boyfriend of 10 years, is married since 2017.

He has been living a double life and cause caused me severe emotional damage and trauma and our whole relationship has basically been a fraud. I would like full custody of my son because I believe he is not a trustworthy person anymore, I don’t feel safe if he is with my son. He does not know... View More

Howard E. Knispel
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Howard E. Knispel
answered on Dec 21, 2023

You can petition in Family Court for custody. Depending on the facts, what is in the best interest of the child, the court will grant custody. As for the money, you would need to sue him in State Supreme Court as Family Court does not have jurisdiction over regular debts.

2 Answers | Asked in Traffic Tickets for New York on
Q: Received a notice of DL suspension for violation 375-2A1 NO/INADEQUATE LIGHTS

I received a ticket for violation 375-2A1 NO/INADEQUATE LIGHTS in NY, Nassau County in June 2022. The officer told me if I fix the light within 24 hrs no fine payment is required and ticket will be closed. I fixed the light and went to a police station to confirm it is fixed and sing the paperwork.... View More

Howard E. Knispel
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Howard E. Knispel
answered on Dec 12, 2023

Your license was not suspended for the violation, but for failing to appear at the traffic agency. When you sent in your plea a date was likely given. You needed to appear at that date and resolve the violation. You can retain an attorney to appear for you and get the case restored and resolved.

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1 Answer | Asked in Divorce and Family Law for New York on
Q: what do i need to file divorce under abandonment and how long does it take for the divorce to be final
Howard E. Knispel
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Howard E. Knispel
answered on Dec 7, 2023

Under current NY law you do not need cause to file for divorce. You do not need to prove abandonment. If the divorce is uncontested, meaning it is agreed to by both parties, it could take several months depending on the county it is filed in. If it is not uncontested then there is no way of... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: What are the legal benefits of getting married before giving birth?
Howard E. Knispel
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Howard E. Knispel
answered on Nov 6, 2023

There are many legal "benefits" to getting married. There is a presumption when a married woman gives birth that the husband is the father. This makes paternity cases less necessary and child support matters easier. There are legal issues regarding owning property as a non-married... View More

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2 Answers | Asked in Adoption, Family Law and Child Custody for New York on
Q: Can you file an appeal when a judge makes orders while exercising emergency jurisdiction? Ny

The Original custody order is NY order, child n mom moved to FL, now the Home state is FL for 4 years . Mom brings child to dad for summer vacation , not he refused to return child to mother (the custodial parent ) , kept child mom filed writ of Hc unknowing father filed in NY filed for emergency... View More

Howard E. Knispel
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Howard E. Knispel
answered on Oct 25, 2023

While there is a lot of information here there are some crucial details missing. Did the original court order in NY give the custodial parent permission to relocate? If not, did the custodial parent seek permission to relocate? Normally, a custodial parent does not have the right to relocate out... View More

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2 Answers | Asked in Traffic Tickets and Gov & Administrative Law for New York on
Q: I lost my license ver 10 years (Suffolk County, NY). It was due to lapse of insurance, I missed the court date. Help..
Howard E. Knispel
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Howard E. Knispel
answered on Sep 6, 2023

First you need to make sure you clear up everything with the DMV, pay any fines and, if you need, turn in your plates. Once that is cleared up, you need to clear up your situation with the SCTPVA. You need to pay whatever default fines were assessed. Speak to a traffic attorney.

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5 Answers | Asked in Bankruptcy for New York on
Q: Is there a minimum repayment plan amount when filing a ch13 in NY Southern District court ?

I have only unsecured debt. My disposable income is around $80, would my plan be accepted? I’m under the median income. Had a ch7 discharged less than 8 years ago. Being sued by creditors. I don’t have any non exempt assets.

Howard E. Knispel
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Howard E. Knispel
answered on Aug 28, 2023

There is no minimum payment as long as it is not zero. The payment would likely be the amount available according to the means test but also your non exempt assets are a factor. Speak to an attorney to determine the specifics.

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can my ex husband move out of state with kids again ?

My ex-husband and I divorced, and we have joint custody. I signed paperwork to have my son move with him to Utah two years ago for a better life I kept custody of my daughter, who lives with me. Now my ex-husband is trying to move my son to another state (texas ) I don’t agree with this. Since... View More

Howard E. Knispel
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Howard E. Knispel
answered on Aug 22, 2023

How old is your son? If he is over 18 the courts have no jurisdiction and you can not legally stop your ex from moving with him.

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1 Answer | Asked in Divorce for New York on
Q: In NY can I get charged with financial abandonment when I don’t make the money but I don’t want to take care of bills

My spouse is the money earner. During the marriage I paid the bills. He gives me a hard time giving enough money. And complains about how I pay things. I told him he can take over paying the bills. He doesn’t want to and threatened to charge me with financial abandonment.

Howard E. Knispel
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Howard E. Knispel
answered on Aug 18, 2023

There is no "financial abandonment" in NY. In a divorce, the monied spouse may be required to pay spousal maintenance (and, in appropriate, child support). This is based on your respective incomes. Speak to an attorney.

6 Answers | Asked in Bankruptcy for New York on
Q: Filed ch7 bankruptcy 5 yrs ago. Need to file again. Unsecured debt only, under median income no disposable income.

My chapter 7 filed and discharged 5 years ago. My income is under the median income for my state. I have no non exempt assets and only have unsecured non priority debt. I have very little disposable income. Is chapter 13 an option? Would I be able to propose to pay 0.00 to unsecured claims?

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

You can not file a Chapter 7 within 8 years of your previous Ch. 7. A Ch. 13 requires you to have a payment plan (and can not be 0). It has to be feasable based on your disposable income. Consult an attorney.

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