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Questions Answered by Howard E. Knispel
1 Answer | Asked in Family Law and Child Support for New York on
Q: My husband and I have been separated over 5 yrs our son is 19 and goes to college he only would give 100 a week in

Only gave $100 a week in support now he has stopped I provide everything can I get child support and spousal support

Howard E. Knispel
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Howard E. Knispel
answered on Dec 27, 2024

Support, both child and spousal, is dependent on your respective incomes. New York requires a non-custodian parent to pay child support until the child is 21 unless a child is independent. You need to speak to an attorney to determine your specific issues.

1 Answer | Asked in Divorce and Family Law for New York on
Q: Can you file for a Uncontested divorce if you have a child under the age of 21 If you and the other party agree to divor

If me and my Hopefully soon to be ex-husband have an agreement and have it notarized that we agree upon a divorce and there’s no assets to be sat child custody, and everything is already taken care of and no spousal support being asked or assets that need split And have it notarized by a notary... View More

Howard E. Knispel
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Howard E. Knispel
answered on Dec 25, 2024

You can file for an uncontested divorce but you need to file the proper paperwork with the appropriate language. Also, a simple notary is insufficient. The agreement has to have an acknowledgement. You should hire an attorney to do the proper paperwork.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: I want to take my kid and visit our relatives on Christmas but my husband doesn’t let me ,we’re legally still married

Can he accuse me if I take our kid to this trip in other state (7 hours from home)without his consent?

Howard E. Knispel
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Howard E. Knispel
answered on Dec 19, 2024

Accuse you of what? I assume there is no court order forbidding this. You are returning with the children. You are doing nothing "illegal" or "unethical". You are their parent. Unless your relatives are a danger to the children I see nothing wrong legally.

2 Answers | Asked in Divorce and Family Law for New York on
Q: Hi my name is glory-now we want to get divorce after 17 years.can I get the alimony? And the pension?Thank you!!
Howard E. Knispel
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Howard E. Knispel
answered on Dec 15, 2024

NY state does not have "alimony". It has spousal support or maintenance, which is limited and depends on the respective income and length of marriage. retirement accounts, including pensions, are property subject to equitable distribution. You may be entitled to a portion of the... View More

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1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for New York on
Q: Hello. Question. My husband's mother transferred shares of a cooperative apartment to his name.

Hello. Question. My husband's mother transferred shares of a cooperative apartment to his name. This was done during the marriage, but his mother registered the title to the apartment only in my husband's name. Now my husband has decided to make a will and a trust, but he has indicated... View More

Howard E. Knispel
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Howard E. Knispel
answered on Nov 24, 2024

A gift to your spouse is not marital property even if given during the marriage unless it is comingled or transmuted. However, upon death, there are protections for a current spouse regardless of the will. New York has a "right of election" that allows a spouse to disregard the will and... View More

4 Answers | Asked in Bankruptcy for New York on
Q: I've paid 13 months on a chapter 13 bankruptcy so far. I am really struggling to make the payments.

My income consists mainly of Social Security a small New York state pension and I work part-time for 3 months out of the year doing income taxes. I don't understand why my lawyer put me in this chapter 13. Trying the best I can and I'm running out of money

Howard E. Knispel
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Howard E. Knispel
answered on Nov 14, 2024

The most common reasons a person files under Chapter 13 is either they earn too much and therefore are ineligible under Chapter 7 or they are in arrears on their mortgage. If your earnings are below the mean test threshold then it may mean you are behind on your mortgage and want to keep your... View More

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2 Answers | Asked in Family Law, Adoption and Civil Rights for New York on
Q: Can judge and attorney repeatedly Request me to admitt guilt in a violation hearings . I didn’t want to. But I did.

I began testifying in a violation fact finding trial brought on by CPS. Suddenly, the judge stopped me and had a private meeting with attorneys. My attorney then suggested to me that I admit guilt as it is favorable to the judge I said I didn’t want to because I would be silenced and I want... View More

Howard E. Knispel
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Howard E. Knispel
answered on Nov 6, 2024

In a neglect case CPS usually requests an admission so as to try to start the Respondent to repair their relationship with the child through social services such as parenting classes, rehab or whatever is required depending on the accusations. You do not have to admit and can request a hearing.... View More

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1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: I and my spouse have custody of my nephews and we split up do I automatically get joint custody with primary residency

Of my nephews since they are legally my blood relatives

Howard E. Knispel
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Howard E. Knispel
answered on Aug 31, 2024

Nothing is "automatic". Do you have a court order granting you custody? Does it grant it to you, or to you and your spouse? If there is no court order then you do not have legal custody and should go to court to seek custody or guardianship, whichever is appropriate in your case. Talk... View More

3 Answers | Asked in Child Support and Family Law for New York on
Q: Can my kids mom take me for more child support, if the kids are 18 and 20 and the kids don’t work?

My kids are 18 and 20 and they don’t work , I pay child support and not after 4 years , my kids mom wants more $ so she is filling saying “the cost of living has gone up” my kids are adults and if she needs more help , they should be working also

Howard E. Knispel
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Howard E. Knispel
answered on Jun 5, 2024

In New York, child support terminates at 21. However, in most cases, the amount of support is determined by your income. Only where the court determines you are under-employed would the court deviate. Talk to a local attorney.

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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.

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