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Agreements Without Temporary Maintenance Recitals: Can This Contract Be Saved?
Editor's Note: In 2010, New York's Legislature enacted Domestic Relations Law (DRL) ' 236, Part B, subd. 5-a, in 2010. The statute, among other things, requires that agreements concerning temporary maintenance that deviate from its formula must, to be be enforceable, contain calculations for the amount that would have been set by the formula, along with a recitation that that amount is the presumed correct number, yet the parties deviated from it for reasons enumerated in the agreement. This statute's language is identical to that in The Child Support Standards Act, Family Court Act ' 413 subd. 1(h). But, although there are many cases concerning the viability of agreements that deviate from the child support guidelines, few judicial opinions have interpreted whether temporary maintenance agreements that lack the required opt-out provisions are enforceable.
The author continues here with more suggested arguments for saving a temporary maintenance agreement that does not contain the language and recitations required by subdivision 5-a(f) of DRL ' 236B. He begins with Point 3.
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.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.