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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).
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.
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.
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.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?