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Questions Answered by Howard E. Knispel
1 Answer | Asked in Child Support for New York on
Q: Can a parent have the child support terminated when the 18 year-old child did not graduate from HS and still enrolled?
Howard E. Knispel
Howard E. Knispel answered on Jul 1, 2020

In NY child support terminates at the age of 21. Early termination is extremely difficult. You would need to prove the child is currently self supporting with a full time job. Contact an attorney to talk about your specific circumstances.

1 Answer | Asked in Child Custody and Child Support for New York on
Q: Can you be retroactive charged for child support if you received an increase of pay or switched jobs to a higher salary?

Non custodial parent, original order was in 2016 when I was a seasonal employee. Rate was 75/week. Then switched jobs and for a higher salary but did not inform mother. I’m not in the child support system, I pay her directly. Will I be retroactively charged once she takes me

Back to court?

Howard E. Knispel
Howard E. Knispel answered on Jul 1, 2020

If there is no child support order at all (either from Family Court or through Divorce) you can not be obligated to pay any retroactive support, with the exception if the custodial parent is on public assistance. If there is an active order, retroactivity only goes to the filing date of a new... Read more »

2 Answers | Asked in Family Law and Child Support for New York on
Q: My order ended on 5/12/2020 as my daughter turned 21, now I received an order to show cause, will it be restarted?

My divorce papers say nothing about continuing support past 21. I am the father and I filed an order to modify my order to stop my wage garnishment.

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

Child support terminates at 21 and can not be continued after unless agreed to, and then until 22 if the child is in college, but only if agreed. Other provisions (not child support) could be addressed. Speak to an attorney.

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2 Answers | Asked in Family Law for New York on
Q: Can I move out of state/country when I have sole/legal/physical custody.

I have sole legal, physical, residential custody of my 8 year old. My 8 year old attends a British School in New York City and is taught in the British system as the plan when the marriage was great was to send child to English school eventually in England. The child is not taught the American... Read more »

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

You should not relocate with the child without court permission. If the non-custodial parent does not consent ands is deprived of any court ordered visitation, you could be held in contempt or even lose custody all together. You should go to court to seek a modification to permit the relocation.... Read more »

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1 Answer | Asked in Child Support for New York on
Q: My I have a 16 yr old and a daughter that turned 21 in may . After we modify will I owe him back to may 21

I live in ny

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

Support modifications are retroactive to the filing date of the petition.

1 Answer | Asked in Child Support for New York on
Q: In NYS, child is 20 years old with part time job, not in school. How does this effect child support payments?

Divorcing, but have been living separately for 1 year. I am paying 60% of 20 year old child's health dental and car insurance premiums, as well as 60% of cell phone bill in an agreement that we worked out on our own.

Child lives with father. I left the marriage after 23 years due to... Read more »

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

For a child to be considered emancipated prior to 21 years old, the child must be self supporting. A child who works part time but is still relianty on the custodial parent, is still entitled to be supported by the non custodial parent.

2 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: With joint physical custody does one parent owning home and other renting impact what school child attends?

The child was already registered at school with father's address due to the mother temporarily losing custody during Kindergarten registration. The mother now has custody rights again. Father purchased a home in the child's current school district. Mother lives with family in the same... Read more »

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

Owning or renting a home ios not a relevant factor, in and of itself, in determining custody.

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1 Answer | Asked in Child Support for New York on
Q: Son moving in with me

My son turned 18 this week and has decided to move in with me. He has informed his mother of his intent. What do I do regardiregarding child support payments I pay her?

Howard E. Knispel
Howard E. Knispel answered on Jun 22, 2020

You need to file a petition to modify support. You are entitled to child support if the child is living with yopu, until the age of 21.

1 Answer | Asked in Child Support for New York on
Q: I never requested child support for my now 21 year old daughter can she or I request back child support from the father

I have not been employed since March of 2019 and am living and supporting my daughter with my savings and paying for her college with a 529

Howard E. Knispel
Howard E. Knispel answered on Jun 22, 2020

No. Child support trminates at 21. You can not get child support retroactively. If there was a court order of support already in place, you can. But no previous order, no retroactive support.

2 Answers | Asked in Divorce for New York on
Q: As a common law wife of 20 years, do I have any financial recourse from my spouse...

We had no children together and I didn’t work outside our home..I was solely dependent on my spouse financially.. we have one home in both our names, and a summer home in his name..

Howard E. Knispel
Howard E. Knispel answered on Jun 22, 2020

There is no "common law" marriage in NY. You are not married under the law. If there are joint accounts, you are entitled to those accounts as a joint signatory. You are still a joint owner of property in both names. But you are not entitled to anything that is not in your name.

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2 Answers | Asked in Divorce for New York on
Q: Need some info on getting a divorce in New York state.

Joint ownership Three family house. I am self employed. I was the stay at home care giver for one child from birth till now 17 year old girl. My wife is employed and has a 401 plan in her name only with me as beneficiary. We have no savings and have big debt. I have no retirement. What are the New... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jun 19, 2020

New York State laws on assets in a divorce are complicated and in the Equitable Distribution Law. It would be impossible to give a thorough answer on this forum. You should speak to a lawyer so you can go over all of the specifics of your case. There may be issues regarding support, retirement... Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: Good day Why is i751 case transfered to different offices

I applied for my i751 in January 2019

For 14 months receipt number was not recognized on the system.

Me and my spouse moved to a different city in the same state updated our address.

Then the reciept number was recognized

17 months passed submitted an inquiry... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jun 19, 2020

THIS IS NOT A FAMILY LAW QUESTION. You need to get advice from immigration attorneys.

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2 Answers | Asked in Family Law for New York on
Q: Visitation order ?

I haven’t acted on a visitation that I was granted by the court from 10:00 to 2:00 Sundays only for about two years now, reason being I do not asked for this order because I wanted something more extended also I do not have contact with the mother either by phone or text I live in NJ she lives... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jun 15, 2020

Your failure to comply with the prior order and failure to excercise visitation or go back to court for 2 years will hurt you. You can file for a modification arguing that the mother refuses to effectuate visitation by refuses to contact you but you not taking any action yourself will not be a... Read more »

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2 Answers | Asked in Traffic Tickets for New York on
Q: Hi I got $350 worth school zone tickets rushing to work during the pandemic because I work in a hospital.

I wrote the traffic department explaining the reason for my speed but they didn't throw out the tickets. Can I sue for the unnecessary stress it brought me?

Howard E. Knispel
Howard E. Knispel answered on Jun 15, 2020

You violated the law. Who do you think you can sue? The reason for the speed might be a mitigating factor, but you are still guilty. School zone violations are taken very seriously. You can not sue.

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1 Answer | Asked in Child Support for New York on
Q: In New York, would a custodial parent be penalized for voluntarily leaving a job?
Howard E. Knispel
Howard E. Knispel answered on Jun 15, 2020

While child support is paid by the non-custodial parent and the basic child support would likely not change, the pro-rata split of additional reimbursements would also likely remain unchanged. Things such as child care, medical costs, educational costs, etc, if they are reimbursed at a certain... Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: I live in a different state with ex who filed for divorce 1st but kids live with me. which state has jurisdiction?
Howard E. Knispel
Howard E. Knispel answered on Jun 15, 2020

Each state has different jurisdictional requirements. New York has specific requirements as to how you can file in NY but the issue of custody and support are governed by different law which is the same through out the country. Jurisdiction over custody and support is based on wherfe the children... Read more »

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1 Answer | Asked in Child Support for New York on
Q: Hi, How does child support work with this pandemic? What can you recommend me to do about this case?

I give an amount of $ 368 every two weeks to my son's mother.($ 125 childcare is included.)

I also pay 280 a month for health insurance sharing it with my son

That’s what the court required.

my earnings are 22 per hour, working 40 hours weekly.

Now I am... Read more »

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

You must follow the court order as written. If you need to change that, you need to file a petition for modification. Even if you case is not heard right away as the courts are closed, your petition will be filed and any modification award would be retroactive to the date of filing.

1 Answer | Asked in Child Support for New York on
Q: I have been divorced from my first husband for 14 years . He stopped paying child support two years ago
Howard E. Knispel
Howard E. Knispel answered on Jun 11, 2020

I assume you have a divorce judgment that includes child support. You can go to the Child Support Enforcement Bureau and have them go after him. You can file a contempt petition in court (either Family Court or Supreme Court, but Family is more convenient, as long as your divorce decree allows it.... Read more »

1 Answer | Asked in Child Support for New York on
Q: my ex husband wants to stop paying child support because my son going to college and will be staying with him?
Howard E. Knispel
Howard E. Knispel answered on Jun 11, 2020

If you are no longer the custodial parent you are no longer entitled to child support and you are obligated to pay him support if the child is living with him. However, he must file in court to have this effectuated.

3 Answers | Asked in Traffic Tickets for New York on
Q: Will I get points on my license, also cause my insurance rate to go up if I pay a speeding ticket?

I got a speeding ticket going 36 on a 25 from a speeding camera in NYC, and I'm from Missouri. If I pay this ticket will I get points on my license, making my insurance rate go up?

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

Speeding camera tickets are treated like parking tickets and there are no points.

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