Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Life Insurance
In a recent matrimonial case that I handled, I was surprised to hear that the judge presiding over the case did not believe it was necessary for the custodial parent to maintain some form of life insurance for the benefit of the parties' minor child, as was being required of the non-custodial parent. I was so convinced that this could not be the normal practice of our trial judges that I researched relevant statutory authority and case law. However, this judge apparently is not alone. I could not find any reported cases in which a custodial parent was directed to maintain a life insurance policy for his or her child. (There are cases that refer to policies voluntarily maintained by custodial parents, such as Jennifer H.S. v. Damien P.C., 50 AD3d 588 (1st Dept. 2008), in which a trial court's decision not to require the custodial parent to maintain life insurance for his children in excess of what he voluntarily maintained was affirmed.)
This seems to be an unfair and incongruous result given the language and calculations of the Child Support Standards Act, which clearly and unquestionably considers the income of both parents, and assigns a pro rata share of the basic child support obligation to each parent, not just the non-custodial parent. Domestic Relations Law (DRL) ' 240. Why, then, not take the next logical step of requiring both parents to maintain life insurance for the benefit of their child as security for their respective child support obligations which they each, by statute, have?
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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
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.
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.
Transfer Tax Implications on Real Property Leases
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.