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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.
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.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.