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Back Child Support
The Child Support Standards Act (CSSA) was enacted to promote New York's public policy concern that both parents contribute to their children's support — and in response to federal law that mandatory support guidelines be in effect as a predicate to eligibility for federal funding. Panossian v. Panossian, 201 A.D.2d 983 (4th Dept., 1994); Rakoszynski v. Rakoszynski, 174 Misc.2d 509 (1997). It is settled law that agreements that contract away the obligation to pay child support are void as against public policy and, thus, unenforceable. Strenge v. Bearman, 228 A.D.2d 664 (1996). Although seemingly straightforward, the narrowly defined statutory scheme regarding the retroactivity of child support has been indirectly, yet, significantly broadened as a result of recent judicial authority involving unrelated issues.
Statutory law provides that child support is “effective as of the date of the application therefore (DRL ' 236B(7), DRL ' 240(j), and FCA ' 449),” which leaves two categories of custodial parents severely constrained in any attempts to retrieve child support for unpaid periods: 1) those in Family Court seeking pre-application date support, and 2) those in post judgment/order proceedings (in Supreme or Family Court) following a de facto change of custody where the new custodial parent seeks support for the gap of time between the actual change of custody and the application for support. While parents in divorce actions with no extant support awards have recourse for back support via a cause of action in necessaries, relief is now newly available to the two aforementioned categories of parents who would otherwise have continued to remain hamstrung in their efforts to obtain child support.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."