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Questions Answered by Howard E. Knispel
1 Answer | Asked in Child Support for New York on
Q: What happens if custodial parent refuses to show their finances to the court for child support ?

Custodial parent refused to show his income and the non-custodial parent was homeless and unemployed at the time. DSS filed against non-custodial parent on behalf of the custodial parent. Non-custodial parent was ordered to pay $90 week and the custodial parent received money from DSS for the... Read more »

Howard E. Knispel
Howard E. Knispel answered on Sep 21, 2020

There is an old expression, "the law is an ass". In this case it is very applicable. The law requires both parties to produce their financial affidavit, but there is no penalty to the custodial parent for not doing so. Since basic child support is, in reality, based on the non-custodial... Read more »

3 Answers | Asked in Divorce for New York on
Q: I will like to get divorce. I'm thinking to get one lawyer for both of us. Is this a good idea?
Howard E. Knispel
Howard E. Knispel answered on Sep 21, 2020

As long as both parties are aware of their obligations and rsponsibilities under the law, it is acceptable, but a good idea? Likely not. There are many issues that can be complicated from custody and visitation, to support, to distribution of assets, to retirement accounts, etc. And it is... Read more »

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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for New York on
Q: My home is in both my name and my late husband's. He died 10 years ago with no will. All we had was the house.

We lived paycheck to paycheck. He had been disabled for 24 years. How do I get the deed in just my name?

Howard E. Knispel
Howard E. Knispel answered on Sep 14, 2020

You may not need to. If you are going to sell, Usually the title company will accept a deed granting to the buyer from the surviving spouse with a death certificate. If you do want to change the deed now, you would need to file a new deed along with the death certificate and transfer documents,... Read more »

1 Answer | Asked in Child Support for New York on
Q: Support violation?

If in the original divorce some expenses were to be shared but custodial parent never brought them about, never communicated with non custodial parent, kept children from noncustodial parent. No for of bills or requests made during 7 years. Does non custodial parent have any recourse? If found for... Read more »

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

While, in general, the custodial parent is required to present evidence of legitimate expenses to be reimbursed within a "reasonable time", that is ambiguous. I have seen some Judges and Magistrates exclude some sxpenses for being stale, but I have also seen old expenses awarded. You can... Read more »

1 Answer | Asked in Child Support for New York on
Q: Due to emancipation child support terminated.Can one file for additional expenses now even though never brought up prio

Divorce was 7 yrs ago. Child support always paid on time. 1 child emancipated 1 year ago June (9 months after turning 21). Petition to modify to terminate due to 2nd child emancipating Jul 2020. Hearing this morning. Custodial parent who has never brought forth any requests for anything additional... Read more »

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

If there was a prior court ordering those expenses to be paid, then it is a violation and the CP can go after them. If it was never in a court order, she can not now ask for them.

2 Answers | Asked in Family Law for New York on
Q: Can the mother of children take my children anywhere she wants we are separated and have no formal custody agreement
Howard E. Knispel
Howard E. Knispel answered on Sep 9, 2020

Are you asking if she can move her residence with the children, or just go on vacation with them? Either way, you need to file a petition for custody and visitation. Contact a lawyer ASAP.

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1 Answer | Asked in Child Support for New York on
Q: I am non custodial parent and I got hurt in the job do I still pay?

I got hurt and have a case pending for disability and was told I can’t work while I have a case what can I do to get it reduced

Howard E. Knispel
Howard E. Knispel answered on Sep 8, 2020

You need to file a modification petition immediately. You will need to subpoena medical records and prove you are unable to work. Contact an attorney.

1 Answer | Asked in Child Custody and Child Support for New York on
Q: I pay 1600 A month in child support and recently I found out that the mother moved to NJ. What rights I have?
Howard E. Knispel
Howard E. Knispel answered on Sep 6, 2020

Did the mother move to NJ with the child? If so, she is still entitled to child support. You can file a petition for custody if she is denying you visitation, or changed your ability to visit with the child. You should speak to a lawyer about this.

3 Answers | Asked in Estate Planning and Family Law for New York on
Q: Do I add child support settlement in a will or will the state continue to collect and pay to my estate?

My child support arrangement was unique in that we each agreed to cover 60 / 40 % respectively. I received a judgment for $30 k which is currently being violated and with support enforcement on the trail. My kids are now adults. If i don’t call this judgement out in a will , is it lost? It’s... Read more »

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

Regular child support payments terminate upon the death of either the payor or payee. Judgments may be collectable against the estate of the Judgment debtor's estate but a claim has to be filed. Typically the parties are required by the Judgment of Divorce to carry life insurance to cover... Read more »

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: I want to leave my current relationship. We are not married, but we do have two children together; 3yo and 7mo.

I was going to leave and he said that if I did, he would only let me take one, not both. He said that in ny I have no more rights to them then he does and so the cops cannot get involved. That they cannot stop me from leaving with them but that if he is physically holding one, they cannot make him... Read more »

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

If you feel physically intimidated or threatened you should leave. You can file for custody in the Family Court. I know you said you can not afford an attorney but you really should try to get one. Contact the county Bar Association to see if they have any pro bono attorneys.

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7 Answers | Asked in Bankruptcy for New York on
Q: What i need to apply for BankruptcyI am retired with 865 a month, less rent 309 and home phone 71 I count with 485

my credit debt is $39,116.06

no house owner and need to keep my 2004 jeep (about 3500 by kellys blue book)

where i could fin a lawyer for this???

Thank for your time

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

You need a lawyer. Contact the l9cal bar association. They will have a referral service.

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3 Answers | Asked in Criminal Law, Immigration Law and Traffic Tickets for New York on
Q: Can a traffic related misdemeanor effect my US citizenship application process? I have green card & take final test soon

I’m a green card holder and have my final citizenship interview this month. The misdemeanor was from driving with an expired drivers license and getting rear ended (I’m not at fault for accident), but the officer said if I can renew my license before my court date, it should be able to be... Read more »

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

You need to direct this to an Immigration law attorney.

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2 Answers | Asked in Divorce for New York on
Q: Hello i would like some information on a divorce and how to go about it
Howard E. Knispel
Howard E. Knispel answered on Aug 31, 2020

Contact a local lawyer. No one can give you all the information without any specifics in this forum.

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2 Answers | Asked in Divorce for New York on
Q: NYS In a text last yr, ex and i agreed i'd pay lower college tuition amt. Now, ex is suing me to pay more. should i win?

ex acknowledges agreement. should our newer agreement supersede older divorce agreement? Should i win court case?

Howard E. Knispel
Howard E. Knispel answered on Aug 28, 2020

A court order can only be modified by another court order. While your "agreement" may be evidence for you to seek a new court order, until you get one, your current order is applicable. You need to get an attorney to review your situation.

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2 Answers | Asked in Divorce for New York on
Q: if we agree to change one part of stip, years after the stip, is that binding?
Howard E. Knispel
Howard E. Knispel answered on Aug 27, 2020

If you agree to change the stip, it would be an agreement, but it does not change the court order. For it to be totally binding you need to get the stip "so-ordered" by a Judge. Contact a local attorney.

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2 Answers | Asked in Divorce for New York on
Q: My husband filed divorce papers for through the NYC DIY service and messed up the info.

My husband filed divorce papers for through the NYC DIY service. I was served the paperwork and the place, date and time of marriage is incorrect. We legally married in a court house in NY but he stated that we were married at a beach how will the affect our divorce. If I sign the papers will we... Read more »

Howard E. Knispel
Howard E. Knispel answered on Aug 24, 2020

This is why people hire lawyers. These things can complicated. The courts will not know trhere are errors unless someone, such as yourself or your husband, tells them. They will proceed with the divorce, as is, if you do not object. If you want to change the terms you should hire an attorney to... Read more »

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Son father is homeless endangerment of a child charge a full stay away in place what's the chances I win full custody
Howard E. Knispel
Howard E. Knispel answered on Aug 24, 2020

While obviously I do not know all of the facts, it is likekly you will be awarded custody. It would be highly unusual for a homeless person with child endangerment charges to win custody, however, there may be sonme type of visitation awarded. See an attorney. This is based on New York law.

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4 Answers | Asked in Traffic Tickets for New York on
Q: i got a ticket for open container alcohol consumption section 12271. how to remove charges and avoid jail time.
Howard E. Knispel
Howard E. Knispel answered on Aug 24, 2020

OPen Container law is a violation. Depending on the court or agency, you may be able to plea bargain and depending upon the circumstances it is likely a relatively small fine. Talk to a local attorney to get more specific answers.

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2 Answers | Asked in Child Custody and Child Support for New York on
Q: I am filing for full custody of my child will the father still have to pay child support

The father has an active stay away child endangerment charge and there is an open domestic violence case

Howard E. Knispel
Howard E. Knispel answered on Aug 23, 2020

Certainly. The non-custodial parent has an obligation to pay child support. talk to a local family law attorney.

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