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Questions Answered by Howard E. Knispel
1 Answer | Asked in Child Support for New York on
Q: I just found out that I am the father of a child with a woman from the dominican republic. The mother is not US citizen.

The child was conceived in the dominican republic, but the child was was born in the british virgin islands. The mother and child currently live in the british virgin islands. I have been giving the mother $300 a month prior to the child being born. Can the mother remain in the british virgin... Read more »

Howard E. Knispel
Howard E. Knispel answered on Apr 3, 2020

This is not a New York legal question. It is not even a US legal question. You need to seek assistance from a lawyer in the BVI.

1 Answer | Asked in Child Custody for New York on
Q: My grandson is 17 and his other grandma has custody ,she wants to give him to his aunt , he is living with her in S C

What are his rights to choose

Howard E. Knispel
Howard E. Knispel answered on Apr 3, 2020

South Carolina has jurisdiction. You need to post this in a SC forum.

2 Answers | Asked in Family Law and Child Support for New York on
Q: What happens if my lawyer doesn't show up to a family court violation hearing?
Howard E. Knispel
Howard E. Knispel answered on Mar 23, 2020

If your lawyer contacted the court to get an adjourned court date then the case simply gets adjourned. If he does not show up, and did not contact ther court and is without a valid excuse, you should be able to get an adjournment and find out why, or get a new attorney. You need to now why the... Read more »

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1 Answer | Asked in Traffic Tickets for New York on
Q: What are the cell phone use and driving laws in New York, specifically the Long Island I-495 Highway? For each offense

Fine and suspension of liscence? 1st time offense, 2nd time etc?

Howard E. Knispel
Howard E. Knispel answered on Mar 17, 2020

The use of cell, phones and electronic devices is gfoverned by VTL 1225-c-2 and 1225 d(1). It is a five point violation (11 points suspends your license). If you have a probationary license or learners permit, those can be suspended. 2nd and 3rd offenses increase the fines and will make it less... Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: Hello I'm married currently and I'm uncertain if its leading in a near soon divorce.Iam also pregnant and my husband

Is denying our unborn child and refuses to sign or appear in court for paternity can I Savage DNA as proof for child support in the near future

Howard E. Knispel
Howard E. Knispel answered on Mar 17, 2020

The legal presumption in New York, that any child conceived during the marriage is the child of the husband. Unless he brings a paternity action to rebut that presumption, he will be, under the law,. the father of the child. You do not have to do anything. As soon as the child is born, he will be... Read more »

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3 Answers | Asked in Estate Planning and Probate for New York on
Q: No Will. uncle died in New York. No kids. His spouse, Ben, passed. He has a niece and nephew. Who has claim to his asset

His only brother died before him a week ago and left my uncle his property and assets. All his siblings are dead. Niece and nephew, the only surviving children of his siblings, want to know who has right to assets. The niece took care of my uncle prior to his death and has her name on his bank... Read more »

Howard E. Knispel
Howard E. Knispel answered on Mar 13, 2020

First, this is not a family law question. It is an estates question. Second, having said that, if there is no will the estate passes by intestate succession. Depending on his surviving relatives, the law decides who gets everything based on how they are related. Spouse would come first, the... Read more »

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1 Answer | Asked in Child Support for New York on
Q: My wife is going to court for child support with her ex can they use my income as well as hers

We got married recently and now he say he is going to ask for more money because we are married can he do that

Howard E. Knispel
Howard E. Knispel answered on Mar 12, 2020

Your wife's income can be increased by imputing some of your income if it is used to pay household expenses for her. If he is the custodial parent, then income will be imputed to her based on several factors, including what you contribute. Contact an attorney.

2 Answers | Asked in Federal Crimes and Criminal Law for New York on
Q: Ok so I have a question . My father back in November gave me permission to use his credit card for several things.

I even have this as proof in texts from him. Now months later after a fight he's trying to say I committed fraud. If I have the texts as proof that he willingly gave permission , then I'm in the clear , correct ?

Howard E. Knispel
Howard E. Knispel answered on Mar 12, 2020

First of all, this is not a Family Law question. it is a Criminal Law question. As for whether you are "in the clear", that depends. If you used his card with his permission, as he dictated, then you may have a defense. No one but your attorney, who would review the facts, can make a definitive... Read more »

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2 Answers | Asked in Family Law and Domestic Violence for New York on
Q: I am currently 8 months pregnant and I'm 20 my baby father is 16 but he lied about his age can I get in trouble
Howard E. Knispel
Howard E. Knispel answered on Mar 11, 2020

It really depends on the age difference at the time of the relationship. In NY Statutory rape occurs when a person has consensual sex with someone under the age of consent. ... It is considered statutory rape to have sex with anyone under 17 years old in New York. However, there is a close-in-age... Read more »

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1 Answer | Asked in Animal / Dog Law for New York on
Q: Adopted a puppy, had it for five months. I ran on difficult times, someone took Him. I want him back

It’s only been two days and I have said I multiple times I made huge mistake and need him back. I offered money, and I’m trying to be civil. They blocked me

Howard E. Knispel
Howard E. Knispel answered on Mar 11, 2020

If you voluntarily gave up the dog there is little you can do. You can try to sue for replevin but your liklihood of success is small.

4 Answers | Asked in Divorce, Family Law and Real Estate Law for New York on
Q: How to file a motion of contempt on ex for not following divorce decree regarding property? Divorce or property lawyer?

Ex-spouse refuses to follow through with property agreement set in divorce decree. Currently financially frozen. How do I go about enforcing? What kind of lawyer do I get? Divorce or Property/Real Estate.

Howard E. Knispel
Howard E. Knispel answered on Mar 10, 2020

You are seeking to enforce a divorce judgment so you need a divorce lawyer to file a motion.

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3 Answers | Asked in Bankruptcy, Divorce, Civil Rights and Collections for New York on
Q: Being threatened for cosigned student loans even though in my divorce paperwork it states I'm no longer responsible.

The loan providers say I'm responsible and it doesn't matter what my divorce papers say. Is this true I will need to civil sue the loan holder I co-signed for?

Howard E. Knispel
Howard E. Knispel answered on Mar 9, 2020

The lender is correct. as far as they are concerned you are equally responsible. They are not a party to the divorce. If your spouse agreed to be responsible and isn't, then you can file an Order To Show Cause in the Divorce Action. Speak to a Divorce lawyer.

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4 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: My husband and I need to declare Bankruptcy but cannot afford to. Are there free programs to help us?
Howard E. Knispel
Howard E. Knispel answered on Mar 5, 2020

While you can file bankruptcy without a lawyer, the liklihood of success is almost zero. B ankruptcy is complicated. Even some lawyers, who do not do this every day, make mistakes. Besides complicated forms, there are discovery rules that are equally complicated. There are rules that must be... Read more »

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2 Answers | Asked in Divorce for New York on
Q: I was divorced 8 years ago and remarried 2 years ago.and now my ex husband claims we aren't divorced.so question is ,

Is my marriage license proff of divorce from my ex.??because I know longer have my divorce papers

Howard E. Knispel
Howard E. Knispel answered on Mar 5, 2020

You can go to the county clerk where you got divorced and obtain a certified copy of the divorce judgment. A marraige license for your subsequent marraige is not proof of divorce, and if you were not legally divorced, it would be proof of your bigamy. Go to the clerk and get a copy of your divorce... Read more »

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3 Answers | Asked in Child Support, Divorce, Family Law and Child Custody for New York on
Q: How does a lawyer ensure an abusive mother doesn’t obtain custody

HI, my friend has an physically and verbally abusive mother but him and his father are scared to go to court due to mothers usually getting custody over the children. He is a 16 yrs old and really needs help. How can a lawyer insure that his father will get custody. The mother is unemployed

Howard E. Knispel
Howard E. Knispel answered on Mar 5, 2020

First, let me say the employment status of the mother is irrelevant. However, a 16 year old hgas alot of say in who the custodial parent will be. The court can appoint an attorney for the child who can voice his preference to the court and the court can even have an interview, in the Judge's... Read more »

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1 Answer | Asked in Child Support for New York on
Q: I pay childsupport for my 2 kids one just turned 21 on March 1st 2020 the other is 16. Do I have to to go to court.

To get the amount adjusted and do I have to serve my ex wife . I pay 800 a month for both kids. Also do I need to get her served she moves to Texas last year without me knowing when and where until received a letter from the health insurance in the mail. Fyi the oldest one has lived with me for the... Read more »

Howard E. Knispel
Howard E. Knispel answered on Mar 4, 2020

You need to file a petition for modification in Family Court. Contact a Family Law attorney.

3 Answers | Asked in Bankruptcy for New York on
Q: my wife filed for chapter 13 bankruptcy I did not. we file our taxes separately can the trustee come after my refund?
Howard E. Knispel
Howard E. Knispel answered on Mar 3, 2020

A refund is part of the bankruptcy estate of the filer. The reason is that it is really deferred income. However, since you are not the filer and the refund is not joint, it is not part of the bankruptcy estate as it is not your wife's deferred income. The trustee can not come after it.

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2 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for New York on
Q: My father died a year ago supposedly from an enlarged heart but he had been to military hospital for check ups for a

Recent spine surgery he lived in Michigan this happened in Michigan is this normal the night be for he died he was complaining of a headache

Howard E. Knispel
Howard E. Knispel answered on Mar 2, 2020

Thbis is not a Family Law question. Please repostr in the medical malpractice area in Michigan.

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1 Answer | Asked in Child Custody for New York on
Q: I was issued a subpoena to attend and present records in a custody battle for one of my students. The attend the trail

And was sent home Bc the judge was sick and they had to reschedule the hearing. My question is do I have to appear on the new trial date which was sent to me via text message

Howard E. Knispel
Howard E. Knispel answered on Feb 26, 2020

If a subpoena requires attendence, it does so on all adjourned dates. Are you sure it requires your attendence and not just the certified records? Often when we want records admitted and we do not need addiitional testimony, we issue a Subpoena Duces Tecum which only requires attendence if the... Read more »

2 Answers | Asked in Divorce for New York on
Q: My husband and I got married in Puerto Rico and now we want to divorce. Do we have to get divorced in Puerto Rico?

Can we get a divorce in my current state(New York)?

Howard E. Knispel
Howard E. Knispel answered on Feb 25, 2020

If you meet the residency requirements of NY then you can get divorced here. There are a few ways to meet the residency requirement of New York State:

Either you or your spouse have been living in New York State continuously for at least two years before the divorce case is started;...
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