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Is there a trend in child support modification matters? The cases we looked at in last month's newsletter granting an upward modification of child support appear clearly to be the exceptional ones. For example, in Kent v. Kent, the level of misconduct on the part of the father was extreme, and it is clear that this egregious behavior was a main focus of the court in awarding the upward modification of his support obligation. In Schonour v. Johnson ' unlike in Lincer, where the court denied to upwardly modify the child-support obligation to include college expenses ' the father had voluntarily agreed to pay for his daughters' college expenses, but the parties' stipulation did not set a cut-off date for his agreement. As a result, this case is not one where the court easily awarded an upward modification of child support; instead, the court can be said to have been clarifying the terms of the parties' stipulation.
The cases in the recent past in which a downward modification was granted are few and, like the cases granting an upward modification, seem to represent the exceptional case. For example, the court in Lonsdale v. McEwen focused on the exceptional decrease in the father's income when granting the downward modification. In Deith and DiPaola, the downward modification was granted based on significant changes in the custody arrangements of the parties ' the total lack of contact between the parent receiving support and the child in one case, and the complete reversal of residential custody in the other. Furthermore, in Martinez v. Torres, the modification was granted based on the fact that the payor's income had fallen below the poverty line. These cases all suggest that the change in circumstances must be significant in order for a downward modification to be granted.
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.
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.
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.
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.
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.