Legal Articles, General Practice
Ambiguous Separation Agreements Lead to Extrinsic Evidence of Intent
In a post-judgment divorce action regarding separation agreements, the Supreme Court of Connecticut rejected a lower court’s determination that an ambiguous term of a separation agreement was clear and unambiguous. It further found the trial court’s exclusion of extrinsic evidence that would establish party intent regarding the meaning of that term was improper.
Court Imputes Gross Weekly Income Upon Failure of Disclosure
In the process of marriage dissolution, it is imperative that each party provide a full and frank disclosure of financial information to avoid failure of disclosure. Misrepresenting assets and income is “a serious and intolerable dereliction… which goes to the very heart of the proceeding.” Therefore, a court will remain unsympathetic when a party, whose own wrongful conduct limited his or her financial information available for court review, later complains that a court-calculated monetary award is improper.
Grandparents Who Seek Visitation Over Parental Opposition Have a Tough Legal Hill to Climb
Can grandparents get visitation rights to their grandchildren even if the child’s parents oppose such visitation? The answer is yes, but not without a tough standard to overcome. In 2002 the Connecticut Supreme Court handed down a landmark decision in Roth v. Weston. The Court held “a rebuttable presumption [is created] that visitation that is opposed by a fit parent is not in a child’s best interest.”
“In sum, therefore, we conclude that there are two requirements that must be satisfied in order for a court: (1) to have jurisdiction over a petition for visitation contrary to the wishes of a fit parent; and (2) to grant such a petition.” Roth v. Weston, at 234.
Understanding Workers' Compensation: A Comprehensive Guide
Workers' compensation is an insurance program that provides benefits to employees who suffer work-related injuries or illnesses.
State Farm Won't Renew California Homeowner Insurance
Find out what State Farm's decision means for California homeowner insurance. Get an analysis of how it will affect your policy!
Woman Nearly Drowns In Close Call On Los Angeles River
Find the best drowning accident lawyer in Los Angeles to protect your rights and seek compensation after a water-related incident.
Court Permits Transfer of Guardianship to Out-Of-State Aunt
In a decision involving the Department of Children and Families, a Connecticut trial court granted a maternal aunt’s motions for out-of-state placement and transfer of guardianship. The children were originally removed from the mother’s care pursuant to an Order of Temporary Custody upon allegations that they were being denied proper care and attention, and were living under conditions injurious to their wellbeing. After the children were committed to the care of DCF and placed in a foster residence, their maternal aunt, who lived in New York, filed a motion to intervene in the proceedings to obtain guardianship.
New York Child Support Order Constitutes Impermissible Modification
Where a parent relocates to another state following a divorce, parties are often faced with the challenge of determining where to file post judgment motions. In some cases, parties must also determine whether new – or different – orders are permitted under the laws of the state to which the former spouse moved. In a relatively recent decision, a New York court addressed whether it was permitted to enter an entirely new child support order after a Connecticut order regarding the same children had expired.
Divorce and Parting With Your Home
Perhaps one of the more difficult elements of a divorce, for parting couples, is parting with their home. Real estate and legal experts say a divorcing couple should set aside their acrimony and get on the same page. Here some options for parting couples and their homes, during a divorce:
What Happens When I File For Divorce In Connecticut?
What Happens When I File For Divorce In Connecticut?