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Applying College Credits in Divorce Cases
As complicated as the selection and financing process has become for divorcing parents with children about to enter college, matrimonial lawyers also are faced with similar complexities in negotiating terms to define the parents' respective contributions for college expenses.
In particular, courts have addressed the issues of giving a noncustodial parent a credit for college expenses paid by him or her as against the overall basic child support payments. But there is little help in drafting the language in a written agreement the parties can readily understand and apply. The meager number of cases on the issue are not highly instructive, as they do not point to any set formula that can be uniformly followed and applied.
Both the Domestic Relations Law and the Family Court Act permit a non-custodial parent to defray his or her shared college education expenses as part of an overall child support award. In considering which types of college expenses can actually be defrayed, all four Appellate Division departments now follow the basic rule that limits the application of a college credit to 'room and board' expenses. (For a period, Renisch v. Renisch, 226 AD2d 616 (1996), mandated a dollar-for-dollar credit up to the full amount of child support. See Finkelstein v. Finkelstein, 701 NYS2d 52 (1st Dept., 2000), Paro v. Paro, 627 NYS2d 465 (3rd Dept., 1995), Burns v. Burns, 649 NYS2d 4th Dept., 1996) and Lee v. Lee, 795 NYS2d 283 (2nd Dept., 2005).)
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.
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.
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.
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.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?