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Support Modification: An Overview and Update
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.
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.