Wells Bridge Child Support Lawyer, New York
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Tracy A Donovan Laughlin
✓ VERIFIEDDivorce & Family Law, Criminal
Tracy's Law Office
Tracy Donovan Laughlin is a practicing lawyer serving Otsego County in Cherry Valley, Cooperstown, and Oneonta, New York as well as the surrounding co... (more)
15 South Main Street, Oneonta, NY 13820
Profile LAWPOINTS™63/100
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Rosemarie Richards
Bankruptcy, Family Law, Adoption, Real Estate
Status: In Good Standing Licensed: 23 Years
156 Coye Brook Rd, South New Berlin, NY 13843
Profile LAWPOINTS™22/100
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LEGAL TERMS
BRIEF
A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she shoul... (more...)
A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she should prevail. These arguments must be supported by legal authority and precedent, such as statutes, regulations and previous court decisions. Although it is usually possible to submit a brief to a trial court (called a trial brief), briefs are most commonly used as a central part of the appeal process (an appellate brief). But don't be fooled by the name -- briefs are usually anything but brief, as pointed out by writer Franz Kafka, who defined a lawyer as 'a person who writes a 10,000 word decision and calls it a brief.'
MARITAL TERMINATION AGREEMENT
See divorce agreement.
MARRIAGE LICENSE
A document that authorizes a couple to get married, usually available from the county clerk's office in the state where the marriage will take place. Couples pa... (more...)
A document that authorizes a couple to get married, usually available from the county clerk's office in the state where the marriage will take place. Couples pay a small fee for a marriage license, and must often wait a few days before it is issued. In addition, a few states require a short waiting period--usually not more than a day--between the time the license is issued and the time the marriage may take place. And some states still require blood tests for couples before they will issue a marriage license, though most no longer do.
CUSTODIAL INTERFERENCE
The taking of a child from his or her parent with the intent to interfere with that parent's physical custody of the child. This is a crime in most states, even... (more...)
The taking of a child from his or her parent with the intent to interfere with that parent's physical custody of the child. This is a crime in most states, even if the taker also has custody rights.
STEPCHILD
A child born to your spouse before your marriage whom you have not legally adopted. If you adopt the child, he or she is legally treated just like a biological ... (more...)
A child born to your spouse before your marriage whom you have not legally adopted. If you adopt the child, he or she is legally treated just like a biological offspring. Under the Uniform Probate Code, followed in some states, a stepchild belongs in the same class as a biological child and will inherit property left 'to my children.' In other states, a stepchild is not treated like a biological child unless he or she can prove that the parental relationship was established when he or she was a minor and that adoption would have occurred but for some legal obstacle.
AMICUS CURIAE
Latin for 'friend of the court.' This term describes a person or organization that is not a party to a lawsuit as plaintiff or defendant but that has a strong i... (more...)
Latin for 'friend of the court.' This term describes a person or organization that is not a party to a lawsuit as plaintiff or defendant but that has a strong interest in the case and wants to get its two cents in. For example, the ACLU often submits materials to support a person who claims a violation of civil rights even though that person is represented by a lawyer.
INJUNCTION
A court decision that is intended to prevent harm--often irreparable harm--as distinguished from most court decisions, which are designed to provide a remedy fo... (more...)
A court decision that is intended to prevent harm--often irreparable harm--as distinguished from most court decisions, which are designed to provide a remedy for harm that has already occurred. Injunctions are orders that one side refrain from or stop certain actions, such as an order that an abusive spouse stay away from the other spouse or that a logging company not cut down first-growth trees. Injunctions can be temporary, pending a consideration of the issue later at trial (these are called interlocutory decrees or preliminary injunctions). Judges can also issue permanent injunctions at the end of trials, in which a party may be permanently prohibited from engaging in some conduct--for example, infringing a copyright or trademark or making use of illegally obtained trade secrets. Although most injunctions order a party not to do something, occasionally a court will issue a 'mandatory injunction' to order a party to carry out a positive act--for example, return stolen computer code.
DILUTION
A situation in which a famous trademark or service mark is used in a context in which the mark's reputation for quality is tarnished or its distinction is blurr... (more...)
A situation in which a famous trademark or service mark is used in a context in which the mark's reputation for quality is tarnished or its distinction is blurred. In this case, trademark infringement exists even though there is no likelihood of customer confusion, which is usually required in cases of trademark infringement. For example, the use of the word Candyland for a pornographic site on the Internet was ruled to dilute the reputation of the Candyland mark for the well-known children's game, even though the traditional basis for trademark infringement (probable customer confusion) wasn't an issue.
MEDIAN FAMILY INCOME
An annual income figure for which there are as many families with incomes below that level as there are above that level. The Census Bureau publishes median fam... (more...)
An annual income figure for which there are as many families with incomes below that level as there are above that level. The Census Bureau publishes median family income figures for each state and for different family sizes. A debtor whose current monthly income is higher than the median family income in his or her state must pass the means test in order to file for Chapter 7 bankruptcy, and must commit all disposable income to a five-year repayment plan if filing for Chapter 13 bankruptcy.
SAMPLE LEGAL CASES
MATTER OF SPENCER v. Spencer
... When a Connecticut child support order has expired because the child has reached 18 (the age
of majority under Connecticut law), is a subsequent New York child support order for support
of the same child to age 21 (the age of majority under New York law) a new order or a ...
Higgins v. Higgins
... he made on a loan against his Ford Motor Company Savings Plan, (3) awarding the defendant
a credit for payments of the mortgage, taxes, homeowner's insurance, and other expenses
connected with the marital residence, (4) awarding the plaintiff child support, (5) fixing child ...
Beth R. v. Donna M.
... However, parallel to that developing case law has been the continued use of equitable estoppel
as a defense where a person, typically a nonbiological father, seeks to avoid child support
obligations or the biological father belatedly seeks recognition of his parental rights. ...
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