Legal Articles, Divorce & Family Law
Uniform Fraudulent Transfer Act Applies to Property Distributed by a Divorce Decree
In a case before the Connecticut Supreme Court, Canty v. Otto, 41 A.3d 280 (Conn. 2012), the former wife of a convicted felon appealed a trial court ruling granting prejudgment relief to the administratrix of a homicide victim’s estate by challenging the administratrix’s right to recover against her as a creditor under the Uniform Fraudulent Transfer Act (“UFTA”). The Supreme Court affirmed the trial court ruling.
Court Finds Husband in Contempt For Failing to Pay Alimony Despite His Receipt of Severance Pay
In a Superior Court decision, a wife’s post-judgment motion for contempt was granted where a husband failed to comply with his alimony obligation. The parties were divorced in 2009, and pursuant to their separation agreement, the husband was obligated to pay the wife alimony in the amount of $550.00 per week for a period of three years, followed by $450.00 per week for a period of seven years. The husband was also obligated to contribute toward the cost of college expenses incurred on behalf of the parties’ daughter.
In Divorce Action, Family Business Deemed Marital Asset, Wife Entitled to One-Half Interest
In a divorce action, the Superior Court of Connecticut, Judicial District of Stamford-Norwalk at Stamford declared, as a marital asset subject to division, a business the husband formed and from which he officially retired but continued working for thereafter. The plaintiff wife and defendant husband were married for thirty-eight (38) years and resided in Stamford. The husband was the primary breadwinner and controlled finances within the marriage. Among a number of businesses and properties in which the husband held interest was one he formed in the early 1990s.
How Long Can I Be Incarcerated for Contempt of Court in a Divorce Case for Failure to Pay Support?
How Long Can I Be Incarcerated for Contempt of Court in a Divorce Case for Failure to Pay Support?
Appellate Court Reverses Financial Awards Where Trial Court Disregarded Terms of a Valid and Enforceable Antenuptial Agreement, Supreme Court Affirms
In a divorce action, the Appellate Court of Connecticut reversed, in part, a trial court’s awards of alimony, child support, and lump sum property settlement without regard to the terms of a validly executed antenuptial agreement. Upon further review, the Supreme Court of Connecticut upheld the judgment of the Appellate Court.
Where Meaning of Term in Separation Agreement is Ambiguous, Trial Court Decides on Definition
In a post-judgment divorce action, the Supreme Court of Connecticut upheld a lower court’s interpretation of “cohabitation” as used in a separation agreement. The court found that the trial court, which found the meaning of the term to be ambiguous, was not clearly erroneous in the definition it applied in determining whether the condition allowing for alimony termination had been met.
No Contempt for Inability to Pay Alimony When Significant Change in Financial Circumstances
In a post-judgment divorce action, the Superior Court of Connecticut, Judicial District of Fairfield at Bridgeport did not find a husband in willful contempt when he could not make alimony payments and granted his request for modification due to a significant change in circumstances.
Court May Award Custody to Third Party Over Biological Parent When in Child’s Best Interest
In a post-judgment divorce action, the Superior Court of Connecticut, Judicial District of Fairfield, Juvenile Matters at Bridgeport granted sole guardianship of two minor children to their uncle after determining it would not be in their best interests to award custody to either biological parent.
Appellate Court Upholds Transfer of Guardianship of Minor Child to Grandparents
In a case regarding the transfer of guardianship, the Appellate Court of Connecticut considered a Department of Children and Families (Department) petition seeking to transfer guardianship of a minor child to his paternal grandparents (grandparents), over the objection of his father. The Department had a previous history of involvement with this child over the course of approximately three years, commencing with a referral from medical professionals noting unexplained fractures to the child’s arm.
Lack of Fair Disclosure Invalidates Prenuptial Agreement
In a divorce action regarding fair disclosure, the Appellate Court of Connecticut reversed a trial court decision that validated a prenuptial agreement, despite the fact that one party failed in his duty to fairly and reasonably disclose his income prior to signing the agreement.