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Spousal Maintenance Arrears: Judge Gets Tough
If a Nassau County judge has his way, people who are in arrears on their spousal maintenance payments will face much tougher sanctions. In an opinion issued June 16, Justice Robert Ross of the Supreme Court, Nassau County, called on the state's legislature to enhance the current measures available to compel payment of spousal maintenance arrears. He's asked that the legislature change the law to allow courts to suspend the driver's licenses of parties who fail to make required spousal maintenance payments.
The case, Disanto v. Disanto, N.Y.L.J. 6/16/03, DOI; Vol. 229; Pg. 32, col. 6, involves a divorcing husband's flouting of court orders. The defendant was ordered to make monthly payments to plaintiff for maintenance, utilities, insurance and taxes, among other things, but had failed to do so for 54 months. This compelled the plaintiff wife to make this, her third, motion for a finding of contempt.
The defendant acknowledged his failure to make maintenance payments before the court, but claimed that any arrears owed should be offset by plaintiff's half of the proceeds of the sale of the marital real estate. The judge, noting that the total arrears accrued in accordance with the pendente lite order dated June 1999 had reached $240,391, refused to allow the offset suggested by defendant, as an adoption of this approach might “very well result in paying plaintiff with funds already belonging to her.” Accordingly, he awarded plaintiff judgment against defendant in the full amount claimed. In addition, because the defendant had systematically sold marital property notwithstanding a restraining order, the judge appointed a receiver to preserve the parties' remaining assets. He was unable, however, to hold defendant in contempt because in order to do so, there had to be a showing that the court's ability to enforce its judgment had been frustrated by defendant's actions; such was not the case here, where sufficient marital assets remained from which to satisfy the judgment, and a receiver had been appointed to prevent their dissipation.
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.
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.
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.
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?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.