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Questions Answered by Howard E. Knispel
1 Answer | Asked in Child Custody and Family Law for New York on
Q: If I was granted residential custody in 2020 of my kids and they moved to NY do Jersey still have jurisdiction

My childrens dad still live in NJ he was given custody of the kids on 1/08/2020 because the kids were still residents of NJ. DYFFS then found him negligent and the judge granted me residential custody of the kids. We have been in NY for almost 3 years? Visitation order was dismissed without... View More

Howard E. Knispel
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Howard E. Knispel
answered on Oct 22, 2022

Custody jurisdiction is based on the residence of the children for the previous 6 months.

2 Answers | Asked in Traffic Tickets for New York on
Q: What are my options for Car tail lights got turned off accidentally during turn signal in New York?

My car lights got turned off during turn signal and the intersection was so brightly lit that I was unaware of my car lights situation. I would have identified it as I was entering the dark area but the cop stopped me right at that point and called me out of the car to see that lights are off.... View More

Howard E. Knispel
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Howard E. Knispel
answered on Oct 17, 2022

You need to answer the ticket by mailing it to the court and pleading not guilty (there is a space on the ticket to do so along with a deadline). Keep a copy before you mail it. A court date will be given to you to plead your case to a Judge. You can higher counsel to do this for you as well.

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1 Answer | Asked in Traffic Tickets for New York on
Q: Can a moving violation be turned into a jaywalking ticket?

As brief of a summary possible: got pulled over in May for crossing a solid white line to get into a left turn lane, the cop wrote the ticket wrong and said I turned from the center lane so I plead not guilty and had my hearing this morning.

When I got there the clerk (? Could have been an... View More

Howard E. Knispel
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Howard E. Knispel
answered on Oct 14, 2022

Yes it is a thing. The traffic agency wants the money. They don't really care about the points if it is a first offense. This is a frequent offer and should almost always be taken.

1 Answer | Asked in Traffic Tickets for New York on
Q: How to fight VAT Title-7 Article-25 Section 1127 in court using the argument of road sign being obstructed by trees?
Howard E. Knispel
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Howard E. Knispel
answered on Oct 11, 2022

I assume this was a stop sign. Take plenty of photos or video approaching the sign.

1 Answer | Asked in Divorce for New York on
Q: After the stipulation of discontinuation in divorce case is filed, is it possible to find it on public search? Thanks

Can anyone find out in public search that the divorce action was started in the court even it is discontinued?

Howard E. Knispel
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Howard E. Knispel
answered on Oct 8, 2022

Divorce cases in New York are private and you can not search the individual matters records.

1 Answer | Asked in Estate Planning for New York on
Q: need help with trust issue

i have been taking care of my mother which has dementia here at her house for last year,up until my sister put her in a home in florida 3 months ago..i have been getting emails stating that i need to vacate property within 3 months,and if i dont they will deduct $4000 month from my inheritance once... View More

Howard E. Knispel
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Howard E. Knispel
answered on Oct 3, 2022

This is not a Family Law question. Repost in the estates forum.

1 Answer | Asked in Family Law for New York on
Q: How do I go about getting a marriage annulment in NY?

Married less than 6 months

Howard E. Knispel
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Howard E. Knispel
answered on Oct 2, 2022

You need to file in. Ourt for an annulment. You need to meet the requirements of an annulment. Contact a lawyer.

1 Answer | Asked in Divorce for New York on
Q: In New York if both the Spouses wants to discontinue the divorce action, who has to pay attorney fees?

The spouse who has started the divorce action and monied spouse is responsible to pay other spouse;s attorney fees?

Howard E. Knispel
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Howard E. Knispel
answered on Sep 30, 2022

Unless court ordered, everyone pays their own legal fees.

1 Answer | Asked in Child Support for New York on
Q: Hello I put my childrens father on child support and our final hearing is tomorrow .I live in nyc he moved to PR

I would like to know what will happen next as I believe he did it purposely to escape his childsupport obligations

Howard E. Knispel
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Howard E. Knispel
answered on Sep 20, 2022

Moving to PR will not allow him to escape his obligations for child support.

2 Answers | Asked in Family Law and Child Support for New York on
Q: If I terminate my parental rights in nyc do I still have to pay child support?

I’m estranged from my twins I’ve been paying child support since they were two, they’re eleven now, I’ve kept my rights over them because I feel one day they’ll overcome their mothers brainwashing and will decide to live with me but I fear that day will never come.

Their mother... View More

Howard E. Knispel
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Howard E. Knispel
answered on Sep 11, 2022

You can not simply "terminate your rights". Only Child Protection Services (ACS in NYC) can do thatnor you can be terminated if someone elsecadopts the children. If your rights are legally terminated by court order your support obligations terminate but not any arrears you owe.

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1 Answer | Asked in Divorce for New York on
Q: We are in divorce process. My wife is borrowing money to fix the house and in property division How will that effect me?

I don’t want to pay for it. I believe she moved money from her personal account. And faking it to pay me less share of marital property.

Howard E. Knispel
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Howard E. Knispel
answered on Sep 3, 2022

If you have already started the divorce by serving her tge summons and notices then she is not allowed to do extensive spending except normal or emergency cases. If the house is marital property then the work she is doing may increase the value giving you more equity. Talk to your lawyer.

2 Answers | Asked in Child Support for New York on
Q: My son is 18. He pays for his college tuition and dorm room. He works part time. Do I still pay support?

My son moved into a dorm room for college. He pays for his own food, and will only be living with his mother when school is done for the semester, Am I obligated to still pay child support here in NY. He pays for his own car and insurance as well.

Howard E. Knispel
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Howard E. Knispel
answered on Sep 2, 2022

Technically the mother is still the custodial parent. If he lives with her on breaks and the summer she remains such. You would have to prove he is totally self sufficient to modify support. That would mean he is fully employed or earning enough to be considered emancipated. Speak to a family... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: My lawyer has filed a motion to relieve themselves from my case, because I am no longer abler to pay the bills

I'd like to keep my lawyer on, and work on payment later. Without my lawyer I don't think I stand a chance. What can I do to oppose my lawyer's motion to be relieved?

Howard E. Knispel
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Howard E. Knispel
answered on Aug 30, 2022

No one should be forced to work for free, and that goes for any profession, including lawyers. Your attorney deserves to be paid and does not have to agree to any payment plan. If he or she does it is voluntary on them. Find a way to pay them or find a new attorney.

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: My father died 7months before my mom and he wrote a will that he hand wrote and had it notarized and stamped.

My mom just passed 4 weeks ago. My father didn't sign the will even though he clearly wrote it. Is it a binding document and since my mom is gone also are my father's wishes valid. My mom left no final wishes in writing

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Aug 27, 2022

First, this is not a Family Law question. It is a wills and estates question. Having said that, a will is not notarized. It is witnessed by at least 2 witnesses and the witnesses' affidavit is notarized. Also wills are not supposed to be handwritten except in rare circumstances. So the... View More

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3 Answers | Asked in Family Law and Child Custody for New York on
Q: I have an order of protection against my girlfriend, but would like to be able to see my baby. How can I do it?

We had a domestic dispute last fall and she stabbed me. This was in Auburn NY. I have since moved back to the Bronx. She had our baby in June. She is in touch by text with my mom, but not me. She is open to visitation but in March, the judge in Auburn finalized an order of protection for 5... View More

Howard E. Knispel
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Howard E. Knispel
answered on Aug 25, 2022

You can file for a modification to allow visitation, usually at a designated place. Talk to an attorney.

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2 Answers | Asked in Divorce and International Law for New York on
Q: Can I get alimony or financial retribution?

My husband has abandoned me after 19 years of marriage. He transferred all his money overseas to Cyprus, Europe. He left me with no financial support here. He won a law suit settlement recently during our marriage. He is also a stakeholder in a restaurant (unsure of the percentage). He has also... View More

Howard E. Knispel
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Howard E. Knispel
answered on Aug 22, 2022

You are entitled to equitable distribution. You may be entitled to spousal maintenance depending on your respective incomes. You should talk to a lawyer as soon as possible.

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1 Answer | Asked in Banking, Estate Planning and Probate for Puerto Rico on
Q: My grandfather passed away in Puerto Rico and left money in a account. How does does 1 child become sole beneficiary?

Moving this over somewhere else. Sorry

Howard E. Knispel
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Howard E. Knispel
answered on Aug 16, 2022

This is not a Family Law question and is not in New York. This should be posted in the estates catagory and in Puerto Rico.

1 Answer | Asked in Traffic Tickets for New York on
Q: Is a plea to NY Veh & Traf L § 1202(2)(a) good in when ticketed for speeding 58/30?

This is only the second ticket ever received in 30 years of driving.

Howard E. Knispel
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Howard E. Knispel
answered on Aug 16, 2022

If you mean a 1202 (a) 2 (no parking) that is an excellent offer. The charge is a 6 point violation and the plea would be to a no point violation. Can't get better really. Take it.

3 Answers | Asked in Child Support and Family Law for New York on
Q: My ex and I share joint custody of our children. He pays child support but not according to the Child Support Standards

Act. We opted out of that b/c we share equal access of the children. School costs 65/35. medical 60/40 Responsible for purchasing own clothing for kids, childcare. share all other statutory add ons 60/40. Question - where do haircuts fall under? Thank you for your time.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Aug 1, 2022

Haircuts would normally fall under standard child support. Since you opted out then there is nothing that requires either parent to compel reimbursement for haircutting. Whichever parent takes the child for the haircut has to pay.

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1 Answer | Asked in Child Support for New York on
Q: If a divorce is filed in NY and a court order is in place for child support in NY, but Mom relocates what state has

Jurisdiction. NY is 21 for child support but Indiana is 18.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jul 27, 2022

Under the Uniform Child Custody Jurisdiction Act, wherever the child has lived for the past 6 months has Jurisdiction.

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