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'Double Dipping' Rejected in Calculating Child Support
Finding a lack of authority on the issue of “double dipping” in child support awards, Justice Robert A. Ross of the Nassau County Supreme Court found in a case decided earlier this year that the public policy against “miscalculations” in distributive awards demanded that the amount the husband paid the wife for his enhanced earnings capacity could not be computed as part of his income in determining his child support payments. Goodman v. Goodman, 201099-00. Justice Ross' decision also held that since the enhanced earnings capacity award should not be calculated as income for the husband in the case, the portion going to the wife must be determined as her income for purposes of determining a child custody award. The double-dipping issue arises when courts, in determining the amount of child support a non-custodial spouse owes, do not exempt from the non-custodial spouse's income the amount he or she must pay out in an enhanced earnings capacity award to the custodial spouse.
In reaching his decision, Justice Ross turned to two court of appeals cases, which held that enhanced earnings capacity could not be used in calculating maintenance awards. Although McSparron v. McSparron, 87 NY2d 75, and Grunfeld v. Grunfeld, 94 NY2d 696, did not specifically include child support in their ban against double-dipping, Justice Ross reasoned that the cases' general warnings for courts to guard against duplication in maintenance awards warranted his finding.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.