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Questions Answered by Howard E. Knispel
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
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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... Read 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
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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... Read 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
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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
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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.

2 Answers | Asked in Divorce for New York on
Q: I'm separated, I was told I need to get a seprarion agreement so my ex and I can file for our taxes separately.

We got married in NY but lived in NC, I moved back to NY on July 2021. We also want to get a divorce, he moved back to NY on Oct 2021, we live in different cities. The proof I have that I moved out is the rental truck agreement from July 2021. Does it work as proof so we can get a separation... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Feb 18, 2022

Any couple can have a separation agreement. You dio not need proof, but for it to be legal it must be prepared correctly and executed correctly. You can also file for divorce as well without a separation agreement but with a Stipulation. As for taxes, while I am not a tax lawyer or an accountant,... Read more »

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2 Answers | Asked in Criminal Law and Family Law for New York on
Q: My son was arrested for class a misdemeanor, what will happen to him? We reside in suffolk county, ny.

My son is 32 he was arrested yesterday because his ex filed a report and pressed charges due to him touching her twice And kissing her once without consent at a play center for kids during his visitation time with their son. She is 26. I believe there is surveillance at the play center they were... Read more »

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

It depends on his history and what he is charged with. I have represented several clients on first offense forceable touching cases and got probation, no jail time. He needs to get an experienced attorney.

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2 Answers | Asked in Family Law and Real Estate Law for New York on
Q: few questions about what I can do to prevent my siblings from selling parents house in puerto rico without my consent

Parents lived in PR for 25 yrs, my daughter and I visited a few times/year. 5 kids left house, Im only one that wants to keep it, because I was only one with a relationhip with parents. sister told me yesterday, atty quit, she's paying taxes which isnt true, and a friends daughter in house... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Feb 9, 2022

You do not say whether your parents are alive or not. Either way, the property is in Puerto Rico so you need to speak with a lawyer there.

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3 Answers | Asked in Adoption, Child Custody and Family Law for New York on
Q: My friend had a baby with me, gave me said child, i even have full custody, can she do that?

I cant have kids. My friend became pregnant and was going to get an abortion due to just having a baby, so I asked would she keep it for me due to my fertility problems, she stated yes a few weeks later (we lived together so it was perfect), she had him on Feb 19, 2019 spend almost a month in the... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Feb 9, 2022

Not legally. You have no legal relationship to the child. You can apply to become the guardian of the child. You can adopt the child. But anything you do will need to be by court order. You need to retain an attorney.

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3 Answers | Asked in Traffic Tickets for New York on
Q: How to deal with a 70 in a 65 speeding ticket in New York State?

I got a plea bargain letter that could convert the speeding ticket to VTL 1110A Disobeyed Traffic Control Device w/$150 fine. But I may still get 3 points.

Howard E. Knispel
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Howard E. Knispel
answered on Feb 9, 2022

As stated by counsels, a 1110a is a 2 point violation and a 1180 less than 10mph over is a 3 point violation. If you hire an experienced local traffic attorney he/she might be able to negotiate a better deal (no point violation). Obviously you would have to pay for the attorney. If you go to... Read more »

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2 Answers | Asked in Divorce for New York on
Q: I married I’m in the process of moving out would this be considered abandonment & exclude me in get my share in divorce

Would I be excluded from equable share of property if I move out of our marital home if I consider divorce?

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

You would be entitled to equitable distribution regardless of where you live. Equitable does not necessarily mean equal however and credits for paying the principle of the mortgage might be considered. Talk to a lawyer.

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2 Answers | Asked in Divorce for New York on
Q: I’m thinking about filing for divorce we have a coop but I’m not on the deed but it was purchase during the marriage

Also I’m in the process of moving out would this be considered abandonment and could exclude me from getting my share of our home or other properties?

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

Anything purchased during the marriage is marital. Doesn't matter whose name is on the title or who lives there.

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1 Answer | Asked in Child Support for New York on
Q: Hi, What is the statute of limitations from the last court order on child support collection enforcement? NY

I am being denied SS and other things based upon the last court order of approx. 25 years ago. I need to know the statute name/number and what that actual Statute of Limitations is for collection enforcement for the State of New York.

I also wish to pursue a Federal Court ruling on the... Read more »

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

There is NO statute of limitations on the collection of arrears of child support. The collection of any arrears can be enforced forever.

1 Answer | Asked in Divorce for New York on
Q: Is RJI needed for a mediated divorce in NY that has been signed and notorized by both parties?
Howard E. Knispel
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Howard E. Knispel
answered on Jan 27, 2022

An RJI is necessary for all legal actions. The agreement you signed is not the divorce judgment. You need to submit the appropriate legal papers, including the RJI. Contact an attorney.

1 Answer | Asked in Child Support for New York on
Q: Is the legal father obligated to help cover rent in the apartment where the child is living ?
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jan 25, 2022

Parents are obligated to support their children. Usually the non-custodial parent is ordered to pay child support to the custodial parent based on income.

1 Answer | Asked in Divorce for New York on
Q: How to tell if a divorce is finalized ?

My ex sent me a judgement of divorce last month by mail to PO Box, since he wasn’t allowed my physical address, signed by the Supreme Court judge that was assigned the case along with a letter stating the divorce was finalized. Well last week I received another judgement of divorce from my ex but... Read more »

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

The court requires the recipient of a signed judgment to notify the other side that it was entered. That is the notice of entry. A notice of settlement is supposed to be sent when the proposed judgment is filed to be signed.

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