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The message to those attempting to fix their post-divorce support obligations in a prenup negotiated and executed prior to the marriage is to be thoughtful, to be thorough, and to fully contemplate the full panoply of events that might occur between marriage and divorce to affect a party's ability to support himself or herself in the event of a divorce.
Determining the value of a business owned by one or both parties to a divorce is a complicated matter. Who is qualified to appraise such a business interest in the context of equitable distribution? How will the appraisal be conducted? And what can you expect to learn from the expert's report?
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In June, Southern District Judge Barbara Jones had declared in <i>Windsor v. United States</i> that DOMA is an unconstitutional violation of the equal protection clause, concluding the law bore no relationship to the preservation of marriage. On Oct. 18, the Second Circuit announced its agreement.
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As discussed last month, most states adhere to the collateral source rule to preclude defendants in med mal suits from presenting the jury with evidence that public benefits, such as state-provided special education and therapy, may be available to the plaintiff. Not all states have fallen in line with this general rule, however.
In 2012, OCR has entered into four settlement agreements with Corrective Action Plans (CAPs), more than in any year since HITECH went into effect; three of these arose from breach notifications, which had not happened before.