Legal Articles, General Practice
Courts Afford DCF Great Deference on Appeal
A decision rendered in a case involving the Department of Children and Families (DCF) demonstrates the extent to which courts defer to the agency’s conclusions when reviewing a matter on appeal. In this particular case, the plaintiffs were the maternal aunt and uncle of two children, ages fourteen and sixteen. After receiving reports that the children were being physically and emotionally neglected, the Department conducted an investigation, ultimately substantiating the allegations as to both children. When the plaintiffs learned they were going to be placed on the Central Registry, they requested an administrative hearing.
Despite Father’s Unemployment, Court Awards Support Based on Earning Capacity
A Connecticut Superior Court again applied the principle of utilizing a party’s “earning capacity” – rather than actual earnings – to the modification of a support award in post-judgment matrimonial action. In this case the court awards support due to earning capacity. Earning capacity is not an amount that a person can “theoretically earn,” nor is it confined to actual income, but rather it is an amount which an individual “can realistically be expected to earn, considering his skills, age and health.” Weinstein v. Weinstein, 104 Conn.App. 482, 489, 934 A.2d 306 (2007), Elia v. Elia, 99 Conn. App. 829, 833, 916 A.2d 845 (2007).
Court Awards Wife Alimony in the Amount of $6,000 Per Month
In Klages v. Klages, a case involving alimony, Superior Court, Judicial District of Fairfield at Bridgeport, Docket No. FV104034594S, the plaintiff wife and defendant husband were married in Pennsylvania on October 9, 1993. At the time of trial, they had four children ranging in age from six to eleven.
Court Transfers Guardianship of Child to Maternal Grandmother
In a case involving the the transfer of guardianship, the Court granted a mother’s motion to transfer guardianship to the child’s maternal grandmother. DCF initially became involved in the matter after receiving reports that the parents were engaging in domestic violence and substance abuse. Although the Court originally entered an order of protective supervision, DCF later invoked a 96 hour hold and sought an Order of Temporary Custody following a subsequent altercation between the parents. The Court sustained that OTC and the child was committed to the care of the Department.
Court Rules that Evidence of Prior Actions May Be Used to Substantiate Neglect
In an appeal involving Substantiate Neglect, the Court (Cohn, J.), explained that in the context of DCF proceedings, evidence of prior actions may be used to substantiate physical neglect. In that particular case, the appellant and his wife had a history of engaging in domestic violence, and one of their children reported constant yelling which made her stomach hurt.
Request for Attorneys’ Fees in Divorce Hearing Denied: Court Finds that Wife “Cannot be Rewarded for Her Own Financial Indiscretions.”
The Superior Court in the Judicial District of Fairfield (Owens, JTR) issued a decision following a contested post-judgment divorce hearing in which an ex-wife, of whom had financial indiscretions, sought attorneys’ fees from her ex-husband in an amount of “not less than $50,000.00.”
Alimony: Court Orders Father to Pay College Tuition Up to Full UCONN Cap
A Connecticut Appellate Court decision emphasizes the importance of formulating clear and unambiguous language when crafting an alimony agreement regarding the payment of college expenses under Connecticut General Statutes §46b-56. In Loso v. Loso, 132 Conn. App. 257 (2011), the parties entered into a post-judgment agreement pursuant to which the defendant is obligated “to pay for one-half the cost of [his daughter’s] college educational expenses for a four year degree net of scholarships or grants subject to the limitation that said cost shall not exceed the tuition for a full-time residential student at UCONN-Storrs.”
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