Legal Articles, General Practice

Choose the Right Divorce Mediator

You and your spouse have decided to divorce. Mediation is your choice. You agree not to litigate. The next step is to choose a mediator who is qualified and a good fit for you and your spouse.  Working with the right divorce mediator is an important decision that can greatly influence the outcome of your divorce process. Here are some factors to consider when selecting a divorce mediator in Connecticut.

Special Needs Trusts in Connecticut

A special needs trust is set up for a person with special needs to supplement any benefits the person with special needs may receive from government programs. A properly drafted special needs trust will allow the beneficiary to receive government benefits while still receiving funds from the trust. There are three main types of special needs trusts, but first it is important to understand how a typical trust works.

Day Care’s License Revoked For Overcapacity and Disorderly Conduct

In the case of Elf v. Department of Public Health, a home daycare provider appealed a decision by the public health department to revoke her license. The daycare provider claimed that the department was absent of a legitimate legal basis and lacked substantial evidence. By law, a court cannot overturn an administrative decision, such as the one made by the department of health, if the record affords a basis of fact from which the department’s decision to revoke her license could be reasonably inferred.

Court Reversed Expulsion of Student, Finds Knife Allegations Unreliable

In the case of Balbi v. Ridgefield Public Schools, a student and his parents appealed the decision of the Ridgefield Board of Education, which voted both to expel the student for allegedly threatening another student with a knife, and not to provide alternative education for the student. The expulsion was the result of an incident that took place on October 8, 1999, on Ridgefield High School grounds.

Former Wife Found in Contempt For Refusing to Pay College Expenses

A decision rendered in the Connecticut Superior Court illustrates the potential consequences of entering into an ambiguous agreement regarding the payment of college expenses.  In this particular case, the parties obtained an uncontested divorce on September 8, 2008.  Pursuant to the terms of their separation agreement, the parties were each responsible for paying 50% of their children’s “actual college education.”

Lower Mortgage Rates, Without More, Do Not Constitute Substantial Change in Circumstances

In a post-judgment divorce action, the Superior Court of Connecticut, Judicial District of Stamford-Norwalk at Stamford considered a defendant’s argument that the plaintiff had a substantial change in circumstances due to her new residence in a lower cost of living area.

What Is the Law Controlling Drug Testing in the Workplace or in Public Schools in Connecticut?

What Is the Law Controlling Drug Testing in the Workplace or in Public Schools in Connecticut?

Hurdles Employees Must Jump in Filing a Claim for Unlawful Discrimination

Here in Connecticut and across the nation, employees from all walks of life routinely face unlawful discriminatory practices and treatment in the workplace. Depending on the nature of the claim, he or she may file civil lawsuits under Title VII (which prohibits employment discrimination on the basis of race, color, religion, sex, and national origin) or the Connecticut Fair Employment Practices Act (CFEPA). However, employees need to keep in mind that before they seek recourse with the courts, they must first exhaust all of their administrative remedies. “The exhaustion requirement exists to afford the administrative agency the opportunity to investigate, mediate, and take remedial action.”[1] Failure to do so will result in dismissal of the case.

The Boundaries of a Child’s Constitutional Right to Education in Connecticut

Under the Constitution of Connecticut, “There shall always be free public elementary and secondary schools in the state.”[1] However, to satisfy free appropriate public education, or FAPE, requirements of federal law, this doesn’t mean parents may engage in a sort of free-for-all in dictating the five W’s of their child’s educational opportunities at public expense. Rather, case precedent has established limitations that take into account the interests of the child balanced against governmental concerns of the school district.

Cyberbullying and the Fourth Amendment Right to Privacy

The American Civil Liberties Union (ACLU) has swiftly responded to the Fairfield school board’s proposed amendments to its internet use policy, contending that the proposed policy amendments will run afoul of the Fourth Amendment’s prohibition against unreasonable searches and seizures.

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