Legal Articles, Divorce & Family Law
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.
Relocation of a Minor Child OK, Father Failed To Supply Adequate Record for Court To Review
In a divorce action regarding the relocation of a minor, the Appellate Court of Connecticut upheld a lower court’s ruling allowing a mother’s relocation with her minor child to Virginia. Because the father failed to provide articulable facts in support of an additional claim, the court declined to review it.
Joint Legal Custody Means No International Removal of Minor Children Without Written Consent
In a divorce action, the Superior Court of Connecticut, Judicial District of Fairfield, Middlesex Regional Family Trial Docket at Middletown awarded joint legal custody of the minor children and found the father in contempt of previously issued court orders. It further prohibited the parties from removing the children from the country without the written agreement of both parents, after one threatened to do so.
Child Was Neglected, So Return to Mother Was Not in the Child’s Best Interests
In a child custody action involving a neglected child, the Appellate Court of Connecticut upheld a trial court’s determination that it was not in the best interests of a minor child to place him in the custody of his mother, who suffered from anger management issues, faced a criminal charge of risk of injury to her other minor child, and had unresolved mental health and substance abuse issues.
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