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Imputed Income: A Look at What Courts Find Persuasive
In determining spousal maintenance and child support awards, the parties' respective financial circumstances ' assets, liabilities and, most importantly, income ' are the most important documentation and information for courts to consider and practitioners to present. However, in many cases, historical and current income do not provide the full picture and, alone, cannot form the basis for support awards. In those cases, courts have the discretion to impute income to one or both of the parties in order to ensure that the resulting support obligations are fair, reasonable and adequate.'
Case law suggests that courts are primarily interested in providing for the children and financially dependent party, and are less concerned about whether the support obligations arising from the imputed income amounts can realistically be met. The noteworthy reported New York cases discussed herein suggest that courts analyze earning capacity as well as actual earnings and the parties' standard of living, and whether the reported income is sufficient to sustain that standard, when considering whether to impute earnings.
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.
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.
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.
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.