Legal Articles, Divorce & Family Law
Best Interests of Children Outweighs Legitimate Purpose for Child Relocation
In a post-judgment divorce action involving child relocation, the Superior Court of Connecticut, Judicial District of Fairfield ruled that although a mother had legitimate purposes for relocating to Boston with her minor children, it would not be in the best interests of the children for her to do so and, as such, denied her motion to relocate. The parties were the parents of two minor children, and divorced in 2007 after six and a half years of marriage. As part of their divorce decree granting joint legal and shared physical custody, the parties included a parenting agreement specifically outlining the care, custody, control and parenting of the children.
Father in Contempt of Separation Agreement Provisions Concerning Care of Children
In a post-judgment divorce action, the Superior Court of Connecticut, Judicial District of Fairfield at Bridgeport found the defendant in contempt of multiple separation agreement provisions regarding the care of his children and the rights and responsibilities each parent shared.
Despite No-Fault Grounds for Dissolution of Marriage, Courts May Consider it When Issuing Monetary Awards
In a post-judgment divorce action involving dissolution of marriage, the Superior Court of Connecticut, Judicial District of Stamford-Norwalk at Stamford found that in no-fault divorce cases, courts may consider the causes of marriage dissolution in awarding alimony and assigning property.
State Supreme Affirms Contractual Waiver of First Amendment Rights was Intelligent and Voluntary
In a post-judgment divorce action involving first amendment rights, the Supreme Court of Connecticut upheld a lower court’s ruling that the waiver of free speech rights by a party pursuant to a confidentiality agreement was made intelligently and voluntarily, and the party could be sanctioned by the court for breach of the agreement.
Motion to Modify Alimony Granted Upon 25% Reduction in Income
In a post judgment divorce action, the Court granted an ex-husband’s motion to modify alimony after he successfully demonstrated a 26% reduction in income. The parents of four children, the parties were married for approximately 23 years before divorcing in 2004. Pursuant to the Court’s judgment of dissolution, the husband was obligated to pay alimony in the amount of $114,400 per year for a period of four years, followed by $1,200 per week for a period of ten years.
Modification of Custody Orders: “Best Interests of the Child” Standard
Following a divorce (whether after a contested trial or by a negotiated settlement agreement), the parties should expect that circumstances concerning child custody may and likely will change over time – especially if the minor child was young at the time of judgment. In asking a Court for the modification of a custody order, a parent should be aware of the applicable law and prepared to present facts to demonstrate a legal basis for changing a parenting plan.
Custody and Visitation Rights of Third Parties – A Brief Summary
Prospective clients often call with inquiries regarding the custody and visitation rights of third parties. In Fish v. Fish, 285 Conn. 24 (2008), the Connecticut Supreme Court articulated those rights in a comprehensive decision in which it determined whether a third party seeking custody of a minor child over the objection of a fit parent must satisfy the same requirements imposed upon third parties seeking visitation of a child.
In Contempt Proceeding, Court Awards Mother Counsel Fees and Statutory Interest
In a post judgment dissolution of marriage action, the Court awarded an ex-wife both counsel fees and statutory interest after finding that the ex-husband had willfully violated an Order related to payment of daycare expenses. The parties were divorced in 2005 after a seventeen year marriage. The parents of three minor children, they were both college educated and employed throughout the marriage. The wife was a registered nurse and the ex-husband was a college professor.
Non-Monetary Contributions and the Equitable Distribution of Property
In matters of marital dissolution, the manner in which property will be divided may appear rather complicated, but the courts have ample statutory guidance from General Statutes § 46b-81. One factor that a court must consider is the “contribution of each of the parties in the acquisition, preservation or appreciation in the value of their respective estates.” What, exactly, constitutes a contribution? Must the contributions only be monetary, such as income, or can they be non-monetary as well?
Trial Court Transforms Time Limited Alimony Award into Lifetime Alimony
A decision rendered in a post judgment divorce action highlights the importance of using clear and unambiguous language when drafting alimony and support provisions meant to preclude modifiability. In that particular case, the husband was obligated to pay to the wife periodic alimony in the amount of $1,500 per week until the death of either party, the wife’s remarriage or cohabitation, or her sixtieth birthday, whichever first occurred. Significantly, the wife was also awarded a one-half interest in the marital portion of the husband’s profit-sharing plan which had a value of approximately $1,000,000, although the parties later agreed to reduce her share by just over $500,000.