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Must I Still Pay Child Support?
Prior to enactment of the Child Support Standards Act (CSSA) in 1989, court holdings often referred to “reciprocal” duties of visitation and child support. Today, generally, it is the public policy of New York State to strictly separate visitation from child support issues. New York's family courts accordingly assign different categories of hearing officers to address these issues separately: A judge or referee will handle issues like custody, family offenses and neglect, while a “Support Magistrate” handles support issues.
There are good reasons for this policy. Issues behind why a noncustodial parent and child are not seeing each other can be complicated, often with deep histories and interlacing areas of fault or failure on everyone's part. Family Court judges have the power to direct parties to special resources ' such as expert psychologists and therapeutic visitation programs ' to address these problems, sometimes over long periods of time.
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.
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.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.
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.