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Questions Answered by Howard E. Knispel
2 Answers | Asked in Traffic Tickets for New York on
Q: Speeding ticket: Definite or Indefinite? Paperwork doesn’t say. Pay for fine/surcharge? Or pay termination fee? Or both?

This paper is one of the most unclear statements. For a reason, I’m sure.

Howard E. Knispel
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Howard E. Knispel
answered on Jul 31, 2023

Unless this speeding ticket aggregates more than 11 points on your license you need to send in a plea of eiother guilty or not guilty. If you plead guilty they court or agency (depends on the county or town) will send a bill for the fine. If you plead not guilty you will get a court date to... View More

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2 Answers | Asked in Divorce and Family Law for New York on
Q: My husband is rich and I'm not a Saint. He has some evidence of me during my wild days and he will leave me penniless

Can I get him to pay for my lawyer or do I have to use legal aid

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

The law provides for the non-monied spouse to apply for spousal support and counsel fees. Speak to a lawyer.

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1 Answer | Asked in Divorce for New York on
Q: How can get information about my wife hiring a crooked lawyer who presented a Statement of facts in a divorce case

When I filed for a divorce in Florida, the case in Queens NY had been dismissed. When my wife learned that i was filing in Florida, she hired a divorce lawyer in Queens who submitted a statement of Facts about me and her being residents of Queens even though had been a registered voter in St... View More

Howard E. Knispel
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Howard E. Knispel
answered on Jul 21, 2023

File a motion to vacate the default and dismiss the case.

1 Answer | Asked in Family Law and Child Support for New York on
Q: How does my step son go about a separation with his girlfriend? They have a 2 yr old son involved.

They live in a house that she bought when they first got together, but he pays for everything. He has it set up so that 90% of his paycheck goes in her account to pay all the bills. He is a very involved father. He wants to leave for several reasons but is unsure how he should go about it so he... View More

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

Since they are not married there is no need for a legal separation or divorce. However, the house is not marital. Whoever owns the house keeps it. If only the gf's name is on the deed, it is hers. As for custody and support, those canbe dealt with in family court. Whoever is the residential... View More

2 Answers | Asked in Child Support for New York on
Q: If my ex girlfriend said on video that she will not take me for child support, can I use that in court against her?
Howard E. Knispel
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Howard E. Knispel
answered on Jul 16, 2023

No. It is not relevant. She could change her mind.

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3 Answers | Asked in Family Law and Child Custody for New York on
Q: My daughter's mother and I share custody. I have physical custody. If we move out of state, can she stop us?
Howard E. Knispel
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Howard E. Knispel
answered on Jul 16, 2023

You need to go to court and petition for relocation. If you are the residential custodial parent you can not m9vevwith the child without the non custodial parent's permission or court order.

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2 Answers | Asked in Child Support and Family Law for New York on
Q: Will working cut my child support?

I am 19 and going to college this year as a freshman. I am still under the care of my mom and I will not be dorming. I know I am entitled to child support until 21 unless I am self-supporting myself. Is getting a job while in college and living with my mother enough to cancel my child support?

Howard E. Knispel
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Howard E. Knispel
answered on Jul 15, 2023

If you make enough to be self supporting then it could be grounds for emancipation. If you simply work part time or make minimum wage, it is not likely to terminate support.

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1 Answer | Asked in Family Law for New York on
Q: Married 7 years NY. We want to cancel prenup in case of death so things run smoothly. Already beneficiary on bank. How?

Spouse and I were wondering how we go about canceling a prenup we made 7 years ago in case one of us dies. We already made each other beneficiary on bank accounts but would like to cancel prenup if it is easy to do. We have heard there is a a Release of Martial agreement form that we both just... View More

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

You can simply have a stipulation drafted that waives certain provisions of the prenup. Of course both parties must sign and it must be acknowledged in the proper way. Speak to an attorney.

1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: In New York, what does a child support trial consist of?

The original court order was established in 2017. We submitted our Financials (three years tax returns, W2's, 3 recent pay checks) The magistrate came up with a number and that was it. I filed for a modified recently and the non custodial parent tried to get my petition dismissed. The... View More

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

A trial is where the Petitioner presents their case and the Respondent defends. The Petitioner calls witnesses and presents evidence and the Respodent can cross examine the Petitioner and the witnesses. The Respodent can call witnesses and present evidence. It is a good idea to hire an attorney... View More

1 Answer | Asked in Divorce for New York on
Q: I am divorced and my ex-wife receives part of my pension. She has re-married. Can I now receive my entire pension?
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jul 10, 2023

Your pension is an asset, not support. Her re-marraige is irrelevant. Unless there is some specific clause that limits her ability to receive her share of the pension, she receives it.

1 Answer | Asked in Traffic Tickets for New York on
Q: If my radar detector is suction cupped to my windshield in my personal vehicle, would that break NY windshield laws?
Howard E. Knispel
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Howard E. Knispel
answered on Jul 3, 2023

Anything that can obscure vision through the window can be considered illegal. Even an air freshener hanging from your rear view mirror.

1 Answer | Asked in Divorce for New York on
Q: It's been 3 months I called him to tell him I need to get my name off this house he has had scene 2009 to have had the

Orders done from the courts, I think I have gave him plenty of time to take care of this matter social security has informed me I have a Asset from this house so they put a hold on my account trying to see what I can do can I Sui him for all this there is still 500.00 of attorney fees I pd but... View More

Howard E. Knispel
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Howard E. Knispel
answered on Jul 3, 2023

If this was a divorce order, you can file a motion to compell or contempt. Contact an attorney.

2 Answers | Asked in Family Law and Probate for New York on
Q: Can my mom just cut me out of my parents will? she has POA over my dad. Will has not changed for 20 years.mom is abuse

My mom is sociopath gold digger. She abused my dad 50 yrs resulting in his aphasia and dementia. Can my mom change my parents will to cut my young daughter out? My mom hates women and children, she is undiagnosed sociopath. How can I protect my daughter's inheritance from my Dad's side of... View More

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

A person can always change their own will as long as they are of sound mind. Assuming your parents have separate wills and your father has dementia, his will likely can not be changed unless he does it himself while he is lucid.

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1 Answer | Asked in Traffic Tickets for New York on
Q: I got a paper saying the above docketed matter has been adjourned for arraignment after i pled guilty for a stop sign

Ticket. I thought they made you go to court only if you pled not guilty. Have you ever seen this? Do I have to hire a lawyer now?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jun 29, 2023

Technically you should not have gotten a court date. However if you have priors, or open tickets they can require a hearing. But this might be a blessing. You can negotiate the plea and get a better deal.

1 Answer | Asked in Family Law and Landlord - Tenant for New York on
Q: My parents sent me to utah to a program for disabled adults i'm not disabled and I’m and adult and I wanna go home

I don't own the house but my drivers license says my NY adress on it they are saying they will call police for trespassing if I return to ny can I return home to my primary residence without any legal trouble.

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

If you are an adult your parents have a right to keep you out of their home.

2 Answers | Asked in Child Custody, Divorce and Family Law for New York on
Q: Should I file for sole custody before filing for divorce?

My estranged husband agreed to signing the divorce papers if I paid for them. I paid for them (online over $300).

When asked about parental planning he wanted no part in the discussion or decision. On multiple occasions he's said he did not want to coparent. He is no longer paying... View More

Howard E. Knispel
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Howard E. Knispel
answered on Jun 23, 2023

This is why you should have hired a lawyer. Submitting divorce papers without both signatures will simply be rejected. You can start separate custody and support actions in Family Court. However, a contested divorce can accomplish all of it. You do not need your husband's cooperation but you... View More

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2 Answers | Asked in Divorce for New York on
Q: Do I get less child support if my husband had another child while we were separted?

I live in NY and I'm going to start the divorce process. While my husband and I were separated he had another child and has a legal child support agreement with the other women. We do not have a legal child support agreement. He claims I am entitled to much less child support now because of... View More

Howard E. Knispel
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Howard E. Knispel
answered on Jun 12, 2023

Having a child support order involving another child would be a deduction from his income but you would still be entitled to a child support order for your children. Speak to a lawyer to go over your specific case.

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2 Answers | Asked in Divorce and Domestic Violence for New York on
Q: How does a divorce work in NY when intimate partner violence is occurring? Questions below.

I have a friend who is in an abusive marriage. His spouse screams profanities at him, throws things at him, and has physically assaulted him. He has video evidence of several of these encounters. The cops have been called on the house more than once. Each time my friend remains calm, but his spouse... View More

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

Your friend needs to file for an Order of Protection in Family Court. Have your friend contact an attorney.

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1 Answer | Asked in Divorce for New York on
Q: My spouse is demanding I sign a separation agreement and is attempting to give me money to sign it, is this legal
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jun 7, 2023

There is nothing illegal for offering a cash settlement for signing a separation agreement.

1 Answer | Asked in Divorce for New York on
Q: can my spouse offer me money to sign a separation agreement
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jun 7, 2023

She can offer you money or anything else but you do not have to sign. Speak to an attorney to see if it is in your best interest to sign.

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