Legal Articles, General Practice
Father Ordered to Contribute Toward Child’s College Expenses
In a decision, the Connecticut Appellate Court affirmed a trial court order requiring a father to pay post secondary educational expenses even though no finding had been made that the parties would have provided support for college expenses had the family remained intact. The parties in this action obtained an uncontested divorce in 2007. Pursuant to the terms of their separation agreement, the court retained jurisdiction “to allocate between the parties any and all college tuition and expenses incurred on behalf of the minor child…”
"Non-Modifiable," Unallocated Support Award Deemed Modifiable Upon a Change of Primary Residence
The Connecticut Supreme Court held that child support orders may be modified upon a change in primary residence, even where a separation agreement contains language expressly precluding such modification. In this particular case, the parties are the parents of two minor children. Following their divorce, the children lived with the mother on a primary basis.
Parental Alienation Insufficient To Modify Child Support
In a post-judgment divorce action, the Superior Court of Connecticut, Judicial District of Stamford-Norwalk at Stamford denied a husband’s motion seeking modification of his child support obligation on multiple grounds. When a parent seeks to modify the amount of his child support payments, he or she must show the existence of a substantial change in circumstances that would render it unfair to hold both parties to the terms of the previous order. Whether parental alienation constitutes such a change was at issue in this case.
Third Parties Are Not Bound to Automatic Orders Pursuant to a Dissolution Action
The Superior Court of Connecticut, Judicial District of Stamford-Norwalk at Stamford considered a case of first impression regarding whether third parties are bound to automatic orders pursuant to a dissolution action. In this case, the plaintiff’s former wife commenced a dissolution action, and automatic orders were attached to the complaint, including one which prohibits the encumbrance of property without consent of the other party or by judicial order.
However, in direct violation of the orders, the plaintiff’s wife executed and delivered two mortgages on the marital home to the defendant. Four years later, the plaintiff entered into a written contract to sell the home. When the plaintiff demanded that the defendant release the mortgages, the defendant refused and this lawsuit commenced.
Court Upholds Termination of Parental Rights Where Mother Failed to Show any Sense of Urgency to Rehabilitate
As the following case illustrates, a court may terminate parental rights despite significant progress toward personal rehabilitation. DCF first became involved in the termination of parental rights when the mother was admitted to a rehab program for alcohol abuse. The hospital filed a neglect report with the Department after the ambulance crew reported unsanitary conditions within the mother’s home. DCF subsequently removed one of the children because it believed the home was physically unsafe. Following a subsequent incident in which the mother relapsed and was admitted to a second rehab program, the Department obtained an order of temporary custody, and the child was placed in a foster home.
Parental Alienation: “Syndrome” or Not - A Real Consideration Regarding Custody
In the past, custody disputes across the country have increasingly referred to the concept of parental alienation syndrome, which has been defined by one court as “a systematic programmed alienation of a child from one parent brought upon by the other parent.” Ellis v. Ellis, 952 So. 2d 982, 992; see also A.C.H. v. F.R.S., 247 S.W.3d 921, 926 n.4 (Mo. App. 2008) (parental alienation syndrome is where parent attempts to emotionally alienate child from absent parent).
Due to Mother’s Pattern of "Contemptuous Conduct," Award of Sole Custody to Child’s Father Was Proper
In a post-judgment divorce action involving contemptuous conduct, the Appellate Court of Connecticut considered a defendant’s numerous claims that the trial court erred in its child custody determination. The plaintiff father and defendant mother were married for fourteen years and had one child together. Pursuant to a comprehensive separation agreement, the parents shared joint legal custody, while the mother had primary physical custody of the minor child.
Pursuing Self-Help Rather Than Court Modification? Expect a Contempt Motion Not In Your Favor
In a post-dissolution action involving a contempt motion, the Appellate Court of Connecticut affirmed in part and reversed in part a trial court’s findings that the defendant was in contempt of a court order. The plaintiff wife and defendant husband were married in 1985 and had four children through the course of their eighteen-year marriage. In September 2003, the parties submitted a separation agreement to the court, which the court incorporated into its judgment for dissolution.
Accepting Recommendation of Guardian Ad Litem Not Abuse of Discretion
In a divorce action case, the Appellate Court of Connecticut considered whether a trial court abused its discretion in not following the wishes of the minor children in determining what was in their best interests, and for following the recommendation of the appointed guardian ad litem.
Court Enters Fifteen Year Unallocated Alimony and Support Award in Dissolution of Marriage Action
In a dissolution of marriage action pending in the Judicial District of Fairfield at Bridgeport, the Court awarded the wife unallocated alimony and support in the amount of $6,000 per month for a period of ten years, followed by $3,000 per month for a period of five years. Married in 1993, the parties were the parents of four minor children.
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