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College and Child Support
Special Referee James A. Montagnino (Supreme Court, Westchester County) wrote an insightful Outside Counsel article for The New York Law Journal (a sister publication of this newsletter) in March 2002 concerning the crediting of college expenses against child support. (Montagnino, JA.: Crediting College Expenses Against Child Support. NYLJ, March 18, 2002.) As he explained in that article, under New York's Child Support Standards Act (CSSA), a noncustodial parent may be required to contribute to the costs of his or her child's college education, including room and board, above and beyond the basic child support obligation mandated by the CSSA. See Domestic Relations Law ' 240 [1-b] [b] [2]; Family Court Act ' 413 [1] [c] [7].
However, such contributions may lead to a double payment by the noncustodial parent for room and board, since the basic child support obligation as calculated under the CSSA guidelines includes the cost of food and shelter for a child. Recognizing this dilemma, the respective departments of the New York State Appellate Division have held that the noncustodial parent may be entitled, under certain circumstances, to a credit against his or her basic child support obligation for payments made for the cost of room and board at college. See eg, Kellog v. Kellog, 300 A.D.2d 996 (4th Dept. 2002); Paro v. Paro, 215 A.D.2d 965 (3rd Dept. 1995). (However, should the parties stipulate to the payment of college expenses without providing for such a credit, the courts will not award any credit against child support for the payment of such expenses. See, eg, Regan v. Regan, 254 A.D.2d 402 (2nd Dept. 1998); Guryn v. Guryn, 308 A.D.2d 564 (2nd Dept. 2003).)
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.
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.
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.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?