Legal Articles, Divorce & Family Law
When Seeking Modification of Visitation with a Child, Parents Need Not Show a Substantial Change in Circumstances
In a post-judgment divorce action, the Appellate Court of Connecticut considered, in part, whether a trial court abused its discretion when it modified a visitation order. The plaintiff argued that the court did not find a substantial change in circumstances or that modification was in the child’s best interests. Furthermore, she claimed the court erred when it did not consider the defendant’s present-day ability to parent the minor child. The judgment was affirmed.
Court Awards Wife Alimony: Her Husband’s Interest in Several Businesses
In an alimony decision rendered in the Superior Court for the Judicial District of Stamford, the Court awarded to a wife her husband’s interest in three separate limited liability companies. The parties were married in 1988, and are the parents of two adult children. The wife was a real estate broker, while, according to the court, the husband was unwilling to seek, obtain or maintain gainful employment. Rather, the husband owned and/or had an interest in several businesses, as well as several properties pursuant to his interests in various limited liability companies.
Court Adjusts Child Support Payment After Minor Children Leave Custodial Parent to Live with Their Mother
While a motion to modify custody is pending, can a court temporarily modify a child support order after the minor children changed their residence from one parent to the other for a significant period of time? In a post-judgment divorce action, the Superior Court of Connecticut, Judicial District of Stamford-Norwalk at Stamford answered this question affirmatively.
Post Petition Divorce Property Settlement May Not Impact Spouses’ Homestead Exemptions in Bankruptcy Court
In re Gasztold, 11-21287, 2011 WL 5075440 (Bankr. D. Conn. Oct. 25, 2011)
In Light of Husband’s Earning Capacity, Court Approves $6,963 Per Monthly Child Support Award
In a post-judgment divorce action, the Superior Court of Connecticut, Judicial District of Stamford-Norwalk at Stamford considered a plaintiff wife’s motion to modify child support following the parties’ judgment of dissolution. The court found that both parties experienced a substantial change in circumstances warranting modification, and that it was proper to base the child support payments on the defendant husband’s earning capacity from both his employment and investments.
Guardian Ad Litem Can Ditch Case
The Superior Court of Connecticut, Judicial District of Fairfield at Bridgeport considered a plaintiff’s motion to open, seeking to reopen a stipulation she signed regarding a motion to modify custody regarding guardian ad litem. Upon review, the court denied the motion.
Ambiguous Separation Agreements Lead to Extrinsic Evidence of Intent
In a post-judgment divorce action regarding separation agreements, the Supreme Court of Connecticut rejected a lower court’s determination that an ambiguous term of a separation agreement was clear and unambiguous. It further found the trial court’s exclusion of extrinsic evidence that would establish party intent regarding the meaning of that term was improper.
Court Imputes Gross Weekly Income Upon Failure of Disclosure
In the process of marriage dissolution, it is imperative that each party provide a full and frank disclosure of financial information to avoid failure of disclosure. Misrepresenting assets and income is “a serious and intolerable dereliction… which goes to the very heart of the proceeding.” Therefore, a court will remain unsympathetic when a party, whose own wrongful conduct limited his or her financial information available for court review, later complains that a court-calculated monetary award is improper.
Grandparents Who Seek Visitation Over Parental Opposition Have a Tough Legal Hill to Climb
Can grandparents get visitation rights to their grandchildren even if the child’s parents oppose such visitation? The answer is yes, but not without a tough standard to overcome. In 2002 the Connecticut Supreme Court handed down a landmark decision in Roth v. Weston. The Court held “a rebuttable presumption [is created] that visitation that is opposed by a fit parent is not in a child’s best interest.”
“In sum, therefore, we conclude that there are two requirements that must be satisfied in order for a court: (1) to have jurisdiction over a petition for visitation contrary to the wishes of a fit parent; and (2) to grant such a petition.” Roth v. Weston, at 234.
Court Permits Transfer of Guardianship to Out-Of-State Aunt
In a decision involving the Department of Children and Families, a Connecticut trial court granted a maternal aunt’s motions for out-of-state placement and transfer of guardianship. The children were originally removed from the mother’s care pursuant to an Order of Temporary Custody upon allegations that they were being denied proper care and attention, and were living under conditions injurious to their wellbeing. After the children were committed to the care of DCF and placed in a foster residence, their maternal aunt, who lived in New York, filed a motion to intervene in the proceedings to obtain guardianship.
