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Decisions of Interest
Downward Modification of Child Support Warranted
The Supreme Court, Saratoga County, did not err when it credited a portion of the testimony of each party's expert in proceedings concerning a petition for downward modification of child support. Moffre v. Moffre, 2006 NY Slip Op 3682 (3d Dept. 5/11/06) (Crew III, J.P., Spain, Carpinello and Kane, JJ.).
The plaintiff mother and defendant father were divorced in 2001 by a judgment that incorporated the parties' separation agreement as modified by their settlement stipulation. In the stipulation, the parties agreed that $500 per week was the presumptive amount of the father's support obligation for their two children under the Child Support Standards Act (see Domestic Relations Law ' 240 (1-b)). In 2003, the father petitioned for a downward modification of child support, alleging a significant recent reduction in his income. The mother moved for upward modification, claiming that her ex-husband was capable of earning $143,500 per year. After a hearing, the court found the father's earning capacity to be $105,000 and imputed $40,000 in income to the mother. Combining the parties' net incomes and determining applicable child support percentages to be 25% of the first $80,000 of combined income and 8% of the balance, the court reduced the father's weekly child support obligation to $336.63. The mother appealed.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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.
Warehouse Liability: Know Before You Stow!
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
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?