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Questions Answered by Howard E. Knispel
2 Answers | Asked in Divorce for New York on
Q: I checked ecourts in NY for my divorce status and it says NOI filed 5/28/21 and NOI due 5/28/22? Meaning?

My uncontested divorce case was filed in NYC during COVID. How can I tell if there are other issues with my divorce case or if we are just waiting for a judge to sign.

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

NOI is Note of Issue. That is the form that says to the court that the case is ready for final resolution or trial. It is required in all cases. The court website simply says it was due and it was filed. If everything else required was filed, it just needs to go.up to a judge for signature.

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can you tell me what can be done?

So I’m in a situation that me and my daughters father gave joint custody now for years he always threatens me to take me to court and then threatens to take full custody of my daughter but most of the time it is because he still wants us to be together and he wants to do it out of spite (I do... View More

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

While there is nothing illegal for him to threaten to take you to court, if he becomes harrassing or threatening harm in any way then you might be able to get an Order of Protection. There are apps that the two of you can use to reduce harmful communications in which you can only communicate about... View More

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: How do I file ineffective counsel before my case ends. My lawyer will not submit any evidence I have
Howard E. Knispel
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Howard E. Knispel
answered on Apr 15, 2022

You can dismiss you Attorney at any time.

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2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: When do child support areers start? I hear they start from the day the mother files? Or is it after an order put in?

Currently have a 7 month old who I provide everything for in my home, I had to goto court to get visitation rights even tho I’m on the birth certificate and signed AOP.

I told the mother if she’s worried about her resources she can give me the baby for more time and I’ll happily use... View More

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

Once a permanent child support order is issued, the arrears dates back to the date of filing.

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2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: am I allowed to take my kids and move out of state without my ex’s approval?

I live in New York State and have two kids . A 1 year old with his father on the birth certificate and my daughter that I had 2 months ago (he didn’t sign it because I left him right before I delivered her) I left him because he was physically/ emotionally abusive. Drug problem and had an anger... View More

Howard E. Knispel
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Howard E. Knispel
answered on Apr 10, 2022

You need to go to Family Court and get the Judge to approve it. You will need to show the court how ot benefits the children to move. Talk to a lawyer.

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2 Answers | Asked in Family Law for New York on
Q: Can I file for emergency custody in NY if my ex has taken my son to Pennsylvania and refuses to let me see him?

He scheduled a custody consultation in Pennsylvania and is trying to take him from me even though my son has been living with me for years.

Howard E. Knispel
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Howard E. Knispel
answered on Apr 4, 2022

The law is that wherever the child resided for the previous 6 months has jurisdiction. You can file for a habeas corpus petition. Consult a local attorney.

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1 Answer | Asked in Family Law for New York on
Q: How do I start legal sep. process? Is there any financial aid available for the costs?
Howard E. Knispel
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Howard E. Knispel
answered on Apr 4, 2022

You can contact the local bar association to see if there are any pro-bono attorneys.

1 Answer | Asked in Divorce and Real Estate Law for New York on
Q: Can your ex sue for half the profit of a sold property after she signed the deed over?

Property was stated to be sold by a specific date in the decree. Didn't happen. A year and 4 months after the date passed, she signed the deed over to me through a warranty deed. Now is threatening to go to supreme court.

Howard E. Knispel
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Howard E. Knispel
answered on Apr 4, 2022

It depends on the agreement of the divorce or the court order. If she was entitled to a share of the sale, regardless of the deed being signed, unless there was a subsequent agreement in writing, or court order, then that is what is owed.

2 Answers | Asked in Family Law for New York on
Q: I want to get a legal separation from my husband. Can I take my children on vacation during the separation?
Howard E. Knispel
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Howard E. Knispel
answered on Apr 4, 2022

It depends on the provisions of the Separation Agreement. Normally you can take the children domestically without a problem, but foreign travel may have restrictions. You should consult an attorney to negotiate the Separation Agreement.

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5 Answers | Asked in Bankruptcy and Foreclosure for New York on
Q: Does a 1 year stay in 7 bankruptcy, extend to foreclosure? Can a bank initiate foreclosure within 1 year of bankruptcy?

The bankruptcy is still in adversary proceeding at this time. It will probably be there for some time longer.. Does this mean the bankruptcy is still considered open? Is the stay in place until the adversary proceeding is complete?

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

As i stated when you posted this previously, there is no law that allows a person to live in their home if they are not paying the mortgage. If you filed Chapter 7 then you either intended to surrender the home or redeem (pay off the entire mortgage). Once your bankruptcy is discharged or... View More

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3 Answers | Asked in Bankruptcy, Collections and Landlord - Tenant for New York on
Q: I filed for bankruptcy in December of 2021. Could the servicer foreclose on me in 2022?

I filed for chapter 7 bankruptcy in 2021. The courts discharged my mortgage on my home. The servicer transferred the mortgage to a new servicer. The servicer has indicated that they have accrued nearly $5,000 in legal fees. Is the servicer legally able to foreclose on me within one year of my... View More

Howard E. Knispel
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Howard E. Knispel
answered on Apr 1, 2022

There is no law that allows a person to live in their home if they are not paying the mortgage. If you filed Chapter 7 then you either intended to surrender the home or redeem (pay off the entire mortgage).

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1 Answer | Asked in Child Support for New York on
Q: If the noncustodial parent owes over 10,000 & just started paying a week ago .. is he still able to get introuble.

Noncustodial parent just started to pay child support but custodial parent is threatening to report him for not paying. Can he legally get introuble if he just started paying

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Mar 29, 2022

Legally he can still "get in trouble" ie. Lose his license or even jail. The court will take into consideration his payments, but unless he is paying toward his arrears, he is not making a dent.

2 Answers | Asked in Family Law for New York on
Q: Ex is trying to get me to pay child care costs and medical expenses for daughter going back to 2007.

These costs are in addition to the child support that I have already paid. Is there a statute of limitations on this?

Howard E. Knispel
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Howard E. Knispel
answered on Mar 23, 2022

It depends on your court order of support or divorce decree. If you were required to pay these expenses, you were entitled to timely receive invoices and required to pay your share in a timely manner. If your ex waited 14 plus years to even give you receipts or invoices then you may have an... View More

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2 Answers | Asked in Bankruptcy, Contracts and Public Benefits for New York on
Q: Need sum help undrstdng sum financial & car loan complication as well as some advice and explanations on sum othr

Financial obligation. Is there a way to back out of a car loan I am the co-owner of without impacting the main loan holder or is there a way to get lower payments of even possible help with payments Thru any programs?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Mar 15, 2022

While filing bankruptcy will release you of the obligation under the car loan, the other borrower will not be relieved and the lender can recall the loan and reposses the vehicle if the other borrower is unable to pay on their own.

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2 Answers | Asked in Family Law for New York on
Q: If a father was absent for 9 years and put in papers for visitation can I still terminate his rights
Howard E. Knispel
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Howard E. Knispel
answered on Mar 12, 2022

You can not terminate the father's parental rights. The only procedure for an individual to terminate a biological father's rights is in an adoption proceeding and clearly he is asking for visitation so that will not happen. Only Social Services can terminate a parent's rights in... View More

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2 Answers | Asked in Traffic Tickets for New York on
Q: Who gets a ticket if pulled over for no registration vehicle owner or the driver
Howard E. Knispel
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Howard E. Knispel
answered on Mar 9, 2022

The driver gets a ticket for driving an unregistered vehicle.

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2 Answers | Asked in Divorce for New York on
Q: What can i do if my husband wants me to sign an uncontested divorce forms waiving my rights for child support or alimony

We've been married for 15 yrs, and have a son together. He filled out the affidavit as me and I do not agree to what he put on the form so he can file for a divorce.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Mar 8, 2022

DO NOT SIGN. See an attorney to find out what your rights are. You do not have to sign anything. You have rights and you do not need to be bullied into signing anything.

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1 Answer | Asked in Family Law for New York on
Q: Am I legally allowed to transfer colleges at 18 without parental consent?
Howard E. Knispel
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Howard E. Knispel
answered on Feb 27, 2022

An 18 year old is an adult and does not need parental permission for anything. However you also can not expect parents to pay if they disagree. If you do not need their financial support you can do anything.

1 Answer | Asked in Child Support for New York on
Q: Are all w-2 used to calculate child support.
Howard E. Knispel
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Howard E. Knispel
answered on Feb 20, 2022

Child support calculations take into consideration ALL income and the court can even impute income to those that are under-employed.

1 Answer | Asked in Child Support for New York on
Q: Ex boyfriend was on reserve /active orders 2016-2021. During child support hearing didn’t provide all income for 2021.

He was getting income from military and partial pay with nypd. Claims no longer employed which is reason for not showing w-2

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Feb 20, 2022

Not sure what the question is. Has there been a final order issued yet? The court can impute income. You need to speak to an attorney who could review your case.

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