Legal Articles, Divorce & Family Law
Because Swede Met State Residency Requirements, Trial Court Had Jurisdiction to Adjudicate Her Divorce Action
The Appellate Court of Connecticut rejected an appellant husband’s claims that Connecticut courts lacked subject matter jurisdiction over the divorce action brought by the appellee wife.
Consideration of Statutory Factors Not Required for Relocation Orders Made at Time Marriage is Dissolved
Previously, the Appellate Court of Connecticut considered, in part, whether the trial court improperly failed to apply relocation statutory provisions in an initial dissolution action. The judgment was affirmed in its entirety.
Appellate Court Holds that Order Awarding Wife Rental Income from Former Marital Residence Constituted Impermissible Post Judgment Property Assignment
In a decision released on September 11, 2012, the Connecticut Appellate Court held that a post judgment trial court order permitting an ex-wife to rent the parties’ former marital residence, and use the proceeds to pay the mortgage, constituted an unauthorized post judgment property assignment. Pursuant to the original dissolution judgment, the wife was awarded exclusive use and possession of the former marital residence. The judgment also provided that the home would remain on the market for sale, with each party responsible for one-half of the monthly mortgage payments until it was sold.
Undistributed Income of a Spendthrift Trust is Excluded from Alimony Determinations
In a case before the Appellate Court of Connecticut, an ex-wife appealed a trial court ruling that reduced her ex-husband’s alimony obligations on the basis of her status as the beneficiary of a supplementary spendthrift trust. The appellate court reversed the trial court ruling and remanded the case for further proceedings.
Superior Court Approves Mother’s Relocation with Minor Child to New Hampshire
In a post-judgment divorce action, the Superior Court of Connecticut, Judicial District of Stamford-Norwalk at Stamford considered whether it was in the best interests of a minor child to permit his relocation outside of Connecticut.
Trial Court Did Not Err in Terminating Incarcerated Father’s Parental Rights
In April 2006, the petitioner, the commissioner of the Department of Children and Families (Department), filed a neglect petition for the defendant father’s newborn daughter. At the time, the minor child’s mother was a transient with unresolved substance abuse problems, while the father was incarcerated on federal drug charges and would not be released until at least April 2010. The child was adjudicated neglected that June and placed with a foster home. The court ordered steps for the father to complete, which included keeping Department personnel up-to-date on his location, parental counseling, and substance abuse treatment.
Court Denies Husband’s Motion to Modify Alimony Despite His Loss of Employment
In a post judgment divorce action, the Court denied a husband’s motion to modify alimony despite his loss of employment. The parties were divorced in 2008, and pursuant to the final judgment of dissolution, the husband was ordered to pay his wife alimony in the amount of $6,000.00 per month. The husband worked in the financial industry throughout the course of the marriage and at the time of the divorce was earning roughly $300,000.00 per year.
Father Not Denied Right to Counsel in Pro-Se Termination Proceedings
In an appellate decision, the court found that the petitioner was not deprived of his right to counsel during termination proceedings because he intelligently and voluntarily waived this right. The respondent father and his child’s mother had a tumultuous relationship that included a history of domestic violence. While pregnant, the mother had practically no prenatal care and abused drugs and alcohol.
Appellate Court Upholds Initial Custody Determination by State Trial Court for Child Born Out-of-State
The Appellate Court of Connecticut rejected respondent parents’ claims that the state trial court lacked subject matter jurisdiction to adjudicate their minor child as neglected and commit the child to the custody of the petitioner, the commissioner of the Department of Children and Families (hereinafter commissioner).
In Divorce Action, Husband’s Appeal Dismissed Due to Repeated Instances of Contempt
As indicated in a Connecticut Appellate Court decision, a party that has engaged in repeated instances of contemptuous conduct may be precluded from pursuing an appeal. In this particular case, the parties obtained a divorce in the Judicial District of Stamford / Norwalk. At that time, the husband was ordered to pay the wife alimony in the amount of $22,000.00 per month and child support in the amount of $686.00 per week.