Legal Articles, General Practice
Parenting Education Programs Pass Constitutional Muster
The Connecticut legislature was concerned with the impact of divorce on minor children, and as such passed a statute allowing the Judicial Department to establish parenting education programs in actions seeking dissolution of marriage. General Statutes § 46b-69b, which came into effect in January 1994, provided the court’s tools to implement courses designed “to educate parents… on the impact on children of the restructuring of families.” Parents had to take part in such a program only once within sixty days of the filing for dissolution of marriage, but participation could be waived by the court.
Court Modifies Alimony Award to $40,000 Per Month
In certain cases a court is permitted to modify orders regarding alimony and child support after a divorce has been finalized. Although there are a variety of circumstances under which a modification may be warranted, cases often involve situations where one party’s income has significantly increased or decreased.
Court Permits Mother to Relocate from Connecticut to New York City with the Parties’ Minor Child
In a decision rendered in the Superior Court of Hartford, a mother was permitted to relocate with the parties’ minor child from New Haven, Connecticut to New York City. This particular case involved an unmarried couple that had been living apart for several years. The father was employed by the State of Connecticut in the IT field, and the mother was a part-time research associate at Yale. The mother had earned several advanced degrees, including two master’s degrees and a Ph.D. In early 2010, the mother applied for a full time position in New York City.
Divorced Men Challenge Constitutionality of Connecticut Alimony Laws
Four divorced men sued Connecticut, claiming its alimony laws are unconstitutional, that alimony “burdens the right to end a marriage and to remarry.”
Connecticut Supreme Court Defines "Dissipation of Marital Assets" in the Context of Divorce Proceedings
Clients often express concern over the manner in which their soon to be ex-spouse expended marital funds during the course of their marriage, and ultimately inquire as to whether the court will consider the dissipation of assets when dividing the marital estate. The Connecticut Supreme Court addressed this very issue in Gershman v. Gershman, 286 Conn. 341 (2007).
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.