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Questions Answered by Howard E. Knispel
2 Answers | Asked in Child Support for New York on
Q: Can I bring my notarized separation agreement for child support to Family Court, to get it court ordered?

I have a child support agreement in my separation agreement that I got notarized. can I bring it to Family Court and have them official it ?.hes not paying the child support we agreed on.

Howard E. Knispel
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Howard E. Knispel
answered on Dec 24, 2023

No. You need to start an action and serve your spouse. Speak to a lawyer.

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2 Answers | Asked in Child Support, Divorce and Family Law for New York on
Q: Can I take my kids dad to child support court for not paying the agreement we had notarized only?

We’re in the process of a divorce. Had a settlement agreement which included child support payments noterized but it’s not incorporated into the divorce yet because it hasn’t seen a judge. He’s not paying child support.. can I take him to court for it ? Or not till after the divorce sees a judge ?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 24, 2023

An agreement that is not a court order is not enforceable in Family Court. You need a court order. In your divorce you should have requested an order from the beginning. You should speak to your attorney.

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2 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: I need to ask the Support Magistrate who made my child support order a question adout my case.

I need to ask the Support Magistrate who made my child support order a question adout my case is there a order to show cause form for that?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 16, 2023

You can not "ask a question" of the Support Magistrate. They are not your lawyer and can not give legal advice or answer questions. An order to show cause is a motion to the court. You need to find a lawyer to answer your questions.

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1 Answer | Asked in Divorce for New York on
Q: Can you file a separation agreement, and a divorce at the same time?

I thought the separation agreement was already filed with the court, but apparently not. Now I’m being served a divorce summons?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 14, 2023

Separation Agreements do not have to be filed with a court until it is used for the divorce. Agreements are valid in and of themselves. They are used to be the basis of a divorce. Talk to an attorney.

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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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

2 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: What are the legal benefits of getting married before giving birth?
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 6, 2023

There are many legal "benefits" to getting married. There is a presumption when a married woman gives birth that the husband is the father. This makes paternity cases less necessary and child support matters easier. There are legal issues regarding owning property as a non-married... View More

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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
PREMIUM
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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2 Answers | Asked in Adoption, Family Law and Child Custody for New York on
Q: Can you file an appeal when a judge makes orders while exercising emergency jurisdiction? Ny

The Original custody order is NY order, child n mom moved to FL, now the Home state is FL for 4 years . Mom brings child to dad for summer vacation , not he refused to return child to mother (the custodial parent ) , kept child mom filed writ of Hc unknowing father filed in NY filed for emergency... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Oct 25, 2023

While there is a lot of information here there are some crucial details missing. Did the original court order in NY give the custodial parent permission to relocate? If not, did the custodial parent seek permission to relocate? Normally, a custodial parent does not have the right to relocate out... View More

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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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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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