Legal Articles, Divorce & Family Law
In Post-Judgment Matrimonial Action, Court Denies Motion to Modify Life Insurance Policy
In a post-judgment dissolution of marriage action pending in the Judicial District of Stamford, the Court denied an ex-husband’s motion to modify his life insurance policy, even though it modified, and drastically reduced, his alimony obligation. By way of background, the parties’ marriage was dissolved on November 5, 1999 after they entered into a separation agreement. Pursuant to that agreement, the Husband was obligated to maintain a life insurance policy with a face amount of $250,000 naming his ex-wife as an irrevocable beneficiary thereof. At that point, the ex-husband’s net monthly income was $9,829.51.
Court Modifies Alimony Based on Cohabitation
In a post judgment divorce action, the Court found that the ex-wife was cohabitating with another person, and, therefore, modified the ex-husband’s alimony obligation. Pursuant to the parties’ separation agreement, the husband was obligated to pay to the wife alimony in the amount of $1,300 per month for a period of eight years. The parties agreed that the amount of said alimony could later be modified, however, the duration could not unless the plaintiff remarried.
Father Seeks Reimbursement For Costs In Raising Defendant’s Child
In 2013, the Supreme Court of Connecticut considered the question of whether a putative father, who was deceived by the child’s mother and biological father as to the child’s paternity, may recover from the biological father money spent raising the child under the mistaken belief that he was the father.
Custody and Relocation: Requesting Permission to Move with Minor Children
In the years following divorce, many custodial parents are faced with the challenge – and the associated legal hurdles – of determining whether they are permitted to relocate out of state or across the country with any minor children of the marriage. The non-custodial parent may object to the decision and the move, and if the parties cannot agree, ultimately a judge will be empowered to determine whether the relocation will be allowed. The law governing this decision is set forth in our state statutes and governing case law.
In Dissolution of Marriage Action, Court Orders Both an Allocated and Unallocated Alimony Award
In a dissolution of marriage action, the Court ordered a husband to pay to his wife unallocated alimony and child support for a period of two and one-half years, followed by allocated alimony and child support for a period of six years. The parties originally met in 1998 and were married for 13 years. They were the parents of two children, both of whom were minors at the time of trial.
Father Still Required to Reimburse Mother 1/2 College Expenses Despite Tuition Credit for Working at University
In a post judgment divorce action, the Connecticut Appellate Court ruled that a father was not entitled to reduce his contribution toward college tuition even though the mother received a significant credit due to her employment with the child’s university. The parties were the parents of two children, and were divorced in 2001 by way of a stipulated judgment of dissolution. Their separation agreement provided that they would set aside a joint college fund for the benefit of both children, and that they would pay at least one-half of the children’s college expenses as would be required at a state college or university.
Court Sustains Order of Temporary Custody After Finding Mother Used Spatula to Discipline Her Child
In a case involving the Department of Children and Families, the Court sustained an Order of Temporary Custody based on allegations that the child’s mother inflicted physical injury upon her child by disciplining him with a rubber spatula.
Parties’ High Conflict Divorce Results in Emotional Neglect
In a case involving the Department of Children and Families, the Court removed a child from her home because of the emotional strain the parties’ high conflict post judgment divorce proceedings placed on her. The parties were divorced in 2009 and had joint custody of their daughter, with the mother having primary physical custody. According to the Court, after their divorce, the parents fought incessantly and used the child as a means of obtaining or denying access to the other. The child, who was fifteen years old during the proceedings, did not want to live with either parent due to their constant fighting.
In Determining Whether an Ongoing Parent-Child Relationship Exists, Court Looks Primarily to the Child’s Feelings
Pursuant to Connecticut General Statutes § 17a-112(j)(3)(D), a court may grant a petition to terminate parental rights if it finds by clear and convincing evidence there is no ongoing parent-child relationship. This concept is similar to “abandonment” except to the extent § 17a-112(j)(3)(D) specifies that in order to prove there is no ongoing parent-child relationship, one must establish that “the relationship that ordinarily develops as a result of a parent having met on a day-to-day basis the physical, emotional, moral and educational needs of the child and to allow further time for the establishment or reestablishment of such parent-child relationship would be detrimental to the best interest of the child.”
Courts May Substantiate Physical Neglect in the Absence of an Adverse Impact on the Child
Cases involving the Department of Children and Families typically involve relatively serious allegations of physical and/or emotional neglect. However, as the following case illustrates, even conduct that does not result in physical or emotional harm to a child can lead to very serious consequences.