Legal Articles, Divorce & Family Law

Determining Jurisdiction in Custody Cases Under the UCCJEA

When a parent relocates with minor children following the entry of custody orders, clients are often faced with the challenge of determining where to file post judgment motions.  A decision rendered in the Superior Court of Norwich explains the court’s authority, or jurisdiction, in such instances.  In that particular case, the parties were the parents of one minor child.

Physician Obtains Downward Modification to Alimony Obligation

In a post-judgment divorce action, a physician was successful in obtaining a downward modification to his alimony obligation due to a substantial decrease in his income.  The parties were divorced back in 2007, and pursuant to the judgment of dissolution, the husband was required to pay alimony to the wife in the amount of $6,000 per month for a period of eleven months, followed by $5,000 per month thereafter.  The amount of the alimony obligation was modifiable upon a substantial change in circumstances in accordance with Connecticut General Statutes § 46b-86.

In Post Judgment Divorce Action, Court Determines that $1.2 Million Payment to Husband was Income, Not Liquidation of an Asset

In a post-judgment decision rendered, the Superior Court of Fairfield at Bridgeport addressed whether a payment that a husband received from his employer after the parties’ divorce constituted an asset or, alternatively, income.  The parties in this action obtained an uncontested divorce in 2008.  As part of their separation agreement, the husband was obligated to pay the wife child support in the amount of $1,600.00 per month.

Child Care Costs and the Connecticut Child Support Guidelines

In a decision rendered previously, the Connecticut Appellate Court explained the definition of “child care costs” as set forth in the Connecticut Child Support Guidelines.  In that particular case, the parties were married for approximately five years and were the parents of two minor children.  During the year of 2003, they entered into a custody stipulation which was subsequently incorporated into a comprehensive separation agreement.  The separation agreement provided that the husband would pay the wife $2,500 per month in unallocated alimony and child support for a period of five years, followed by straight child support.

Court Modifies Alimony Award to $40,000 Per Month

In certain cases, a court is permitted to modify orders regarding alimony and child support after a divorce has been finalized.  Although there are a variety of circumstances under which a modification may be warranted, cases often involve situations where one party’s income has significantly increased or decreased.

Court Grants Mother Sole Custody of Her Daughter

In a custody decision, a New York appellate court affirmed a lower court’s decision to grant a mother sole custody of the parties’ child.  In this particular case, the parties were divorced in 2001, and for several years thereafter shared joint custody of their daughter.  The mother had primary physical custody subject to liberal unsupervised visitation with the father. The mother moved for sole custody, requesting that the father’s visitation be suspended, or alternatively, that it be supervised.  The father cross-moved for sole legal and physical custody, claiming that the mother was interfering with his visitation.

Trial Court Declines to Award Alimony in High Asset Divorce Action

In a divorce action in association with an alimony dispute, the Superior Court of Connecticut, Judicial District of Fairfield at Bridgeport considered the distribution of assets and property in a high-income marital dissolution matter.

Child Support Award of 20% of Father’s Variable Bonus Income Held Abuse of Discretion

In a post-judgment divorce action, the Supreme Court of Connecticut found that the trial court did not properly apply child support deviation criteria when it awarded an open-ended child support award of 20% on a defendant father’s variable bonus. The court deemed this as contradictory to the child support guideline principles and an abuse of discretion by the trial court.

Court Enjoins Defendant From Spending Personal Finances to Secure Future Child Support Payments

In a post-judgment divorce action regarding child support, the Superior Court of Connecticut, Judicial District of Fairfield at Bridgeport considered whether to grant a plaintiff wife’s motion to enjoin the defendant husband from spending recently-obtained monies. She asked the court to place a portion of the money in escrow as security on child support payments.

Trial Court Invalidates Prenuptial Agreement Where Husband Failed to Disclose Substantial Pension

In a divorce action, the Superior Court of Connecticut, Judicial Branch of Fairfield at Bridgeport considered a plaintiff husband’s claims that he and his wife signed a valid prenuptial agreement and, as such, any awards by the court inconsistent with the agreement’s terms would be improper.

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