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Modification After Opting Out of the CSSA
Recent amendments to DRL ' 236 Part B(9)(b) have changed the grounds for modifying a child support award. These changes have caused a profound shift in whether, and under what circumstances, parties should opt out of the Child Support Standards Act (CSSA).
By opting out of the CSSA, the rigid income formula used to calculate child support does not apply, allowing the parties to reach their own agreement on an appropriate amount of support. To properly opt out of the CSSA, a settlement agreement must contain: 1) an acknowledgment that the parties have been advised of the substance of the CSSA; 2) a statement that the basic child support pursuant to the CSSA would presumptively result in the correct amount of child support; 3) a calculation of what the CSSA basic child support payment would have been in the specific circumstances presented, and; 4) the reasons why the agreed-upon child support deviates from that set forth in the CSSA. DRL 240(1-b)(h); Gallet v. Wasserman, 280 A.D.2d 296 (1st Dep't 2001).
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.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
One Overlooked Element of Executive Safety: Data Privacy
Executives have access to some of the company's most sensitive information, and they're increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.