Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Howard E. Knispel
2 Answers | Asked in Traffic Tickets for New York on
Q: Received a notice of DL suspension for violation 375-2A1 NO/INADEQUATE LIGHTS

I received a ticket for violation 375-2A1 NO/INADEQUATE LIGHTS in NY, Nassau County in June 2022. The officer told me if I fix the light within 24 hrs no fine payment is required and ticket will be closed. I fixed the light and went to a police station to confirm it is fixed and sing the paperwork.... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 12, 2023

Your license was not suspended for the violation, but for failing to appear at the traffic agency. When you sent in your plea a date was likely given. You needed to appear at that date and resolve the violation. You can retain an attorney to appear for you and get the case restored and resolved.

View More Answers

1 Answer | Asked in Divorce and Family Law for New York on
Q: what do i need to file divorce under abandonment and how long does it take for the divorce to be final
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 7, 2023

Under current NY law you do not need cause to file for divorce. You do not need to prove abandonment. If the divorce is uncontested, meaning it is agreed to by both parties, it could take several months depending on the county it is filed in. If it is not uncontested then there is no way of... View More

2 Answers | Asked in Divorce for New York on
Q: do you have to pay alimony from your disability in a divorce in ny state
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jan 7, 2025

New York does not have alimony. NY has spousal maintenance which is based on a formula. Disability is not excluded. All income for both parties is put into the formula. Speak to an attorney.

View More Answers

2 Answers | Asked in Estate Planning, Family Law and Probate for New York on
Q: What do I do if I didn't get 25% of a life insurance policy left to me in mom and dad's will?

It was in the closing paperwork. My attorney told me to look it up online. He hasn't been any help. The paperwork never even stated how much I was supposed to get.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 15, 2024

Life insurance is not typvally distributed by a will. It has named beneficiaries. If you are not named as a beneficiary in the insurance policy, you are not receiving anything from it directly.

View More Answers

1 Answer | Asked in Family Law and Child Custody for New York on
Q: How can I get holidays and weekends with my daughter ?

I only get to see my daughter from Monday to Thursday from 2pm to 530pm for after school care

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 12, 2024

Do you have a court order with your visitations spelled out? If not you need to get one. If you have one and want more time, do a modification petition. You can go to Family Court. See a lawyer.

1 Answer | Asked in Child Support for New York on
Q: statue of limitations on child support arrears in ny state
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 9, 2024

There is no statute of limitations on child support arrears. If there is an order in existence then arrears can be sought at any time.

2 Answers | Asked in Family Law, Products Liability and Health Care Law for New York on
Q: Am I able to refuse erythromycin (eye ointment) for my newborn in the state of NY?

I am baffled as my cursory read of this topic suggests the answer is no. If the mother (i.e. my wife) tests negative for both gonorrhea and chlamydia (which she will) and the rate at which infants are born with conjunctivitis (pink eye) is <2% (materially less), then how could it be that my... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 5, 2024

Why would you want to. It is safe and prevents blindness.

View More Answers

2 Answers | Asked in Family Law for New York on
Q: I had a friend serve my child’s father the child support papers ever since then I’ve been receiving threats

And people are mentioning my child . I am scared for me and my children safety. What should I do ? And can he ask for visitation if the petition was filed for Support only ?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 4, 2024

Support parts in Family Court do not address visitation matters. That would go to a different Judge. If you are receiving threats and fear for your safety, you may file for an order of protection. You might want to speak to an attorney.

View More Answers

1 Answer | Asked in Child Support for New York on
Q: Is an 18 year old child considered emancipated if his joined the air national guard?
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 3, 2024

Joining the military is grounds for emancipation in most instances. However, leaving the military before age 21 could unemancipate the child.

2 Answers | Asked in Family Law and Child Support for New York on
Q: I'm the custodial parent of 23y and 18y old boys. Dad paid $700 per month since 2014. He stopped in June 24.

I make $130,000 and he $30,000 on books. What are my options?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 1, 2024

The 23 year old is emancipated so no child support is payable n that child's behalf. However, the 18 year old is presumably not emancipated. You can go to family court to modify support. Talk to a lawyer.

View More Answers

4 Answers | Asked in Criminal Law and Family Law for New York on
Q: Can THEY put me in jail ?

I have five children and a husband.. and last week my husband put a restriction order against me I didn't know that..my older daughter and son They testified against me along with my husband..My daughter is 15 years old and she hates me because I don't want her drug addict... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 1, 2024

Without knowing the details of how you violated the order it is difficult to say what the penalty would be but incarceration is rare. You should confer with an attorney.

View More Answers

4 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: Should I keep paying off my debt slowly, or is it better to consider bankruptcy as an option?

Hello, thank you for taking the time to read this. I have been struggling with over $100,000 in debt from student loans, a car loan, and credit cards over the past five years. My credit score dropped from 760 to 548 in one year, leading me to consider bankruptcy in 2022. However, after consulting a... View More

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

Everybody's situation is different. Student loans are almost impossible to discharge. You need to speak to an attorney to go over your individual situation.

View More Answers

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Is Sunday included as part of a "Friday through Sunday" parenting time schedule?

The schedule reads as follow:

Week 1 - Monday, Thursday, Friday through Sunday

Week 2 - Monday, Tuesday, Thursday

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 16, 2024

The child(ren) would need to be returned to the custodial parent on Sunday. If there is no time indicated, then it would normally be a reasonable time based on age.

2 Answers | Asked in Child Custody, Civil Rights, Constitutional Law and Family Law for New York on
Q: How do I get my attorney to file a 388 return of child petition? She has been failing me due to misconduct.

My son is 6, autistic and being detained in foster care for two years. He had left the inside of our home and went out to play in the driveway unattended several times. I had him evaluated turning a diagnosis of autism. He has left the foster home and school undetected also. He is being abused I... View More

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

Is this a NY case? There is no 388 petition. Either this case is for a different state in which case you should repost as such, or you are being misled by your Google research. Talk to your lawyer.

View More Answers

3 Answers | Asked in Family Law and Child Support for New York on
Q: I have 2 children, 18 and 16. Ex wants me to pay half for 18 yr olds vehicle. I said I would pay for 16 yr olds vehicle

18yr old lives with ex;; 16 lives with me. Decree does not address topic. I do not want to pay for a vehicle that I don’t own, insure or have control over especially when there is another child that will need a vehicle in 12 months.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 3, 2024

You have no legal responsibility to pay for your child's vehicle. Your only legal responsibility is child support and out of pocket medical and extracurricular expenses. If you choose to voluntarily pay for a vehicle that is your choice.

View More Answers

1 Answer | Asked in Traffic Tickets for New York on
Q: I received a ticket for a safety zone downstairs in my building today. There is no sign to remind us residents that park

I received a ticket for a safety zone downstairs in my building today. There is no sign to remind us residents that parking is not allowed in this area. How should I deal with my ticket?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Oct 22, 2024

Safety zones are marked on the ground. There is not normally a sign. If you parked on the marking you are in violation.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: If my daughter’s Mother take her away from me and cuts communication to me what can I do?
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Oct 21, 2024

You need to file a petition in Family Court. If there is already a custody order you could file a violation. If there is no order in place you can file for one now. Talk to an attorney.

1 Answer | Asked in Family Law for New York on
Q: Devious daughter coerced dying father, of not sound mind, to leave all property to her. Does a lawyer have to be there?

Daughter recorded father saying yes. Is this legal? I know my husband would have wanted his oldest child, a son, to have something. This knocked wife and son out of everything. My husband was very unresponsive when I got to the hospital. His speech was very rambling. My daughter had a smug... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Sep 30, 2024

Any bequest must be in a properly executed will. Wills must be prepared carefully and witnesses. The preparer and witnesses can not be named in the will. Talk to a lawyer and show the lawyer the will.

1 Answer | Asked in Child Support for New York on
Q: I have a custody order established in Queens County, NY. 3 years later, the mother of the children moved to South Caroli

na with the children. 3 years since then she's now filed for Child Support in the county, I reside in NY rather than Queens or where she is in South Carolina. Where should it be filed?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Sep 19, 2024

Jurisdiction is where the children have resided for the last 6 months.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: My daughter lives with my grandmother in Lajas, PR. She wants to move back with me to new York when she turns 18 next

Year. Can she just leave or do I have to go to court for custody even though she will be 18?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Sep 14, 2024

The courts have no jurisdiction over custody for a child over 18. You can not go to court for this. As an adult she can come live with you without any court intervention.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.