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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 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.
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.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.