CT Court Lacks Jurisdiction in Child Support Claim

If you have questions about divorce, legal separation, alimony pendente lite, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.

Connecticut no longer had continuing jurisdiction of a child under the home state provisions of the Uniform Child Custody Jurisdiction Act because the child was absent from the state at least six-months prior to the modification proceedings. The marriage of the parties was dissolved on December 2, 1976. In 1977, the defendant mother moved to Tennessee. The plaintiff commenced action to modify visitation, and withhold child support payments until more favorable visitation conditions were made. The Connecticut Supreme Court found in favor of the defendant. In respect to the matter at hand, jurisdiction could only exist if in the child’s best interest. The plaintiff established that prior contacts with the state had established sufficient minimum contact requirements for jurisdiction. However, the court could only find this interest served when the forum had optimum access to relevant evidence about the child and family. By this reasoning, there must be a maximum rather than minimum contact with the state. The court also denied the plaintiff’s request to hold support payments. “It has never been our law that support payments were conditioned on the ability to exercise rights of visitation or vice versa” said the court. “The duty to support is wholly independent of the right of visitation.”

For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.

Source: Kioukis v. Kioukis, 440 A.2d 894 ; 1981 Conn. LEXIS 605 (August 11, 1981)