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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).)
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.
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.
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.
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.
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.