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Questions Answered by Howard E. Knispel
2 Answers | Asked in Criminal Law and Traffic Tickets for New York on
Q: Will I face jail time

I got into an accident. I called the police and they tell me my drivers license is suspended due to an uninsured vehicle. I was not aware of this as I have an active insurance policy. I called the insurance company and they told me it was because of a two month gap I had in the middle of the year.... View More

Howard E. Knispel
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Howard E. Knispel
answered on Dec 13, 2023

It really depends on your history and the incident. Normally driving with a suspended license for the first time would not result in jail. You need to speak to an attorney.

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1 Answer | Asked in Family Law and Domestic Violence for New York on
Q: My daughter is on the deed but not the mortgage on a home she lives in with her fiance. Can he kick her out?

Things are contentious. He has a history of gaslighting, verbal and mental abuse, and making threats to kick her out of the house even though she's on the deed. She was working as his office manager, and he fired her and canceled her health insurance. She has no income (starts a new job on... View More

Howard E. Knispel
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Howard E. Knispel
answered on Dec 8, 2023

Who is on the mortgage is irrelevant. The deed shows ownership. She has as much a right to live there as he does. If he is harassing her and making her feel unsafe, she can file for an order of protection from the family court. Have her contact a lawyer to discuss her rights.

1 Answer | Asked in Divorce for New York on
Q: What does aw warding plaintiff, such other, and further relief as the court may deem just improper mean?
Howard E. Knispel
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Howard E. Knispel
answered on Dec 1, 2023

That is simple standard language that gives the court the ability to grant other or different relief based on the evidence, than what was asked for. It is common language in a motion.

2 Answers | Asked in Child Support for New York on
Q: How is child support in New York calculated?

For one child is it 17 percent of gross minus Medicare and social security? And what about state pension contributions

Howard E. Knispel
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Howard E. Knispel
answered on Dec 1, 2023

The only deductions from gross income are FICA (Social Security and medicare) and local income tax if applicable. No other deductions are considered.

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2 Answers | Asked in Family Law and Child Support for New York on
Q: I have stipulation w/ex for CS, I filed objection but was denied. Can I now file a Motion to vacate stipulation?

Original stipulation filed 10/17. Objection was denied and filed 11/17. Do I have time to file the motion to vacate? I disagree with his stated income. He is self employed and currently lives in FL. The child support amount paid to me should be considerably more.

Howard E. Knispel
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Howard E. Knispel
answered on Nov 29, 2023

You agreed to the support. You should have done your due diligence before agreeing. Youvan not go back.on it now. Your motion to vacate will likely be denied unless you signed under duress. See a lawyer.

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2 Answers | Asked in Child Support and Family Law for New York on
Q: Original Support order that was never increased, dated March,11 2011. I closed the case in December of 2023. can I

reopen the case & request for back paying being that the noncustodial parent wasn’t disclosing all of his income. I do have a motorized letter from his employer the noncustodial parent was making more money since 2008. whatever income he showed in 2011 was incorrect. can I file for income... View More

Howard E. Knispel
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Howard E. Knispel
answered on Nov 27, 2023

No. You can only be entitled to the amount in your court order. If you file for a modification it would only be going forward from the date of your new petition.

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2 Answers | Asked in Traffic Tickets for New York on
Q: I received a traffic ticket 1110-A 4 months ago.

I plead not guilty via mail. I was told I receive a letter of when my trial date is. I was told I was suppose to receive it 2 months ago. I've checked with my TPVA they said my trial was still in pending status. I was never given a supporting deposition when I requested it. Can I get my ticket... View More

Howard E. Knispel
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Howard E. Knispel
answered on Nov 20, 2023

No you can not get your ticket dismissed because it is a few months since your not guilty plea. Sometimes it could take many months before you ate notified. You should contact a lawyer.

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1 Answer | Asked in Child Support for New York on
Q: What deductions are used to calculate child support in New York? Are nys pension contributions one of the deductions?

I have received a cola letter and want to make sure the calculations are correct

Howard E. Knispel
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Howard E. Knispel
answered on Nov 19, 2023

Child support is calculated based on your adjusted gross income which means your gross income minus FICA and local income tax only. No other deductions are in the calculation.

1 Answer | Asked in Child Custody and Child Support for New York on
Q: If my child comes to live with me when they turn 18 and still goes to college, do I still need to pay child support?

I prefer any money go directly to my child or to help pay for college and transportation

Howard E. Knispel
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Howard E. Knispel
answered on Nov 19, 2023

You need to file for a modification of child support. You can not simply stop paying as long as there is a court order requiring you to pay regardless of where your child lives. Talk to a lawyer

3 Answers | Asked in Bankruptcy for New York on
Q: I Need to file for bankruptcy because I have credit card debtors coming after me and I don't have a job to pay them.
Howard E. Knispel
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Howard E. Knispel
answered on Oct 25, 2023

Find a local bankruptcy lawyer to gop over your situation to see if you qualify.

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1 Answer | Asked in Family Law for New York on
Q: How do I prove one school district is better than the current school district concerning a relocation case.

I'm starting a relocation case, in the hopes of moving my daughter to Florida. I need to prove the Florida school district is a good choice.

Howard E. Knispel
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Howard E. Knispel
answered on Oct 17, 2023

It is all about the statistics. You need to present statistics about graduation rates, college acceptance rates, national test scores, etc. Best if you hire a lawyer.

1 Answer | Asked in Divorce for New York on
Q: divorce assets split

Long after we were married, my wife’s parents gifted their property to their three kids. My wife and her two siblings each own one-third of their parents’ property. Is my wife’s stake an asset that is split in a divorce, or does she keep the entire $85K

Howard E. Knispel
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Howard E. Knispel
answered on Oct 14, 2023

A gift is not marital property unless she does something to make it marital (comingling or transmutation) It would normally be separate property not subject to equitable distribution.

3 Answers | Asked in Family Law and Child Custody for New York on
Q: Who else can you go to if your child's attorney will not return your call regarding a time sensitive issue?

This week my child came home and shared details about an argument she got into with her mother during the week, in which things escalated and put her in a position where she no longer feels safe. We have reached out to the attorney repeatedly and have not received a response. She is supposed to go... View More

Howard E. Knispel
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Howard E. Knispel
answered on Oct 5, 2023

You need to file an Order To Show Cause to modify parenting time. Talk to your attorney about this.

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2 Answers | Asked in Family Law for New York on
Q: In family court, I am acquainted with my ex's lawyer. What factors give rise to an apparent conflict of interest?
Howard E. Knispel
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Howard E. Knispel
answered on Sep 18, 2023

Being "acquanted" may not be enough. If the attorney has specific knowledge relevant to your case that might be prejudicial, then that might be enough to ask the attorney recuse him or herself from the case.

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2 Answers | Asked in Traffic Tickets for New York on
Q: I got a no inspection ticket in 2022 and i just now got a suspention notice on my licence. Is that legal. I live in ny
Howard E. Knispel
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Howard E. Knispel
answered on Sep 6, 2023

Did you resolve the ticket in 2022? If not, then you have a default. That is what likely caused your suspension. Resolve the ticket and you can get the suspension lifted.

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1 Answer | Asked in Child Custody and Domestic Violence for New York on
Q: I have a daughter abroad which i need custody. The mother has physically abused. I have proof and everything needed.

She lives in Dominican Republic and acquired us citizenship through me. I reside NYC. She lives with her mother. She has tried to kill me and has hurt me in various places. Such as stabs, broken nose, broken lip with stitches and broken head with a bottle. She says she doesnt care if she kills me.... View More

Howard E. Knispel
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Howard E. Knispel
answered on Aug 20, 2023

Not sure what you mean by abroad. Does the child live with the mother in another country? What is the New York connection?

2 Answers | Asked in Family Law for New York on
Q: My ex wants to change my child's last name to her own.I dont consent. What is chance of a judge granting the change?
Howard E. Knispel
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Howard E. Knispel
answered on Aug 15, 2023

If the child is under 18 anf you have had some contact with the child, it is unlikely the court would grant this without your permission. Speak to a lawyer to get all of the facts.

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1 Answer | Asked in Immigration Law for New York on
Q: Will USCIS alert me and/or give me a chance to respond, if my ex-wife attempts to get a divorce waiver?

My ex-wife received her two year green-card 9/2022, and we have not received the divorce decree yet. Once we receive it, I'm sure she will want to apply for her 10 year green-card, so she will have to attempt to have the conditions dropped and apply for a divorce waiver, correct? At such a... View More

Howard E. Knispel
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Howard E. Knispel
answered on Aug 10, 2023

This is not a Family Law question. This is an immigration law question and you need to post to that forum.

4 Answers | Asked in Health Care Law, Divorce and Family Law for New York on
Q: Health insurance policy states legal separation as a qualifying event for removal of spouse; can NY law override that?

Can NY law override a BCBS national insurance policy? Their policy states: Loss of eligibility as a result of:

Legal separation, divorce, or dissolution of a Civil Union.

Howard E. Knispel
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Howard E. Knispel
answered on Aug 8, 2023

It is likely referring to a court order of separation, not simply an agreement.

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1 Answer | Asked in Traffic Tickets for New York on
Q: Seeking Guidance on Resolved Headlight Ticket Deadline Issue to Prevent License Suspension?

I was stopped last year by officers on my way to work for malfunctioning headlights, and I attempted to fix the issue by purchasing a new bulb, which I was about to install when I realized that the existing bulb simply needed proper screwing. As soon as I secured the existing bulb, it lit up.... View More

Howard E. Knispel
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Howard E. Knispel
answered on Aug 7, 2023

If this was only an equipment violation, your license will not likely be suspended. Also you will lose any appeal. Pay the ticket an move on.

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