Patrick D. Furey, Attorney At LAW

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Patrick D. Furey, Attorney At LAW

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Recent Legal Articles

Court Awards Wife Alimony Based on Husband’s Earning Capacity Despite His Unemployment
in a divorce action pending in the Judicial District of Stamford at Norwalk, the court awarded a wife alimony and child support based on the husband’s earning capacity even though he was unemployed at the time of trial. 
Court Denies Mother’s Request to Relocate with Minor Child
in a post judgment divorce action originating in the Superior Court for the Judicial District of Hartford, Judge Prestley denied a mother’s request to relocate to France with the parties’ children.  The parties were married in 1981 and after twenty-six years, sought and obtained a divorce in 2008.  During their marriage, the parties had three children, born in 1988, 1992 and 1998.  The youngest child was the only minor at the time of the post judgment action.
In Dissolution Matter, Trial Court Orders Amended Complaint After Third-Party Intervenes
in a divorce action, the Superior Court of Connecticut, Judicial District of Stamford-Norwalk at Stamford considered a third-party defendant’s motion for order regarding the status of pleadings in a marriage dissolution action.
Taking the First Step: How to Hire and What to Expect from a Divorce Lawyer in Connecticut
taking the First Step: How to Hire and What to Expect from a Divorce Lawyer in Connecticut
Court Conditions Alimony Payments on the Sale of the Parties’ Marital Residence
following trial in a dissolution of marriage action pending in the Superior Court for the Judicial District of Stamford, the Court awarded the wife alimony, but conditioned payments on the sale of the marital residence.  The parties were married in 1973 and were the parents of two children, both of whom were over the age of twenty-three at the time of trial.  The husband was most recently employed by a family run business he formed in the early 1990’s, until he quit on January 1, 2012.
Court Grants Wife’s Motion to Dismiss Divorce Action Where Parties Moved to Connecticut with Intention of Returning to California
before filing for divorce in Connecticut, prospective litigants must satisfy certain statutory jurisdictional criteria.  This often becomes an issue where parties were married in Connecticut, but one spouse (or both) subsequently moved to another state.  As illustrated by a decision rendered in the Superior Court of Stamford, this type of situation could impact a court’s ability to hear the case.
Determining Jurisdiction in Custody Cases Under the UCCJEA
when a parent relocates with minor children following the entry of custody orders, clients are often faced with the challenge of determining where to file post judgment motions.  A decision rendered in the Superior Court of Norwich explains the court’s authority, or jurisdiction, in such instances.  In that particular case, the parties were the parents of one minor child.
Physician Obtains Downward Modification to Alimony Obligation
in a post-judgment divorce action, a physician was successful in obtaining a downward modification to his alimony obligation due to a substantial decrease in his income.  The parties were divorced back in 2007, and pursuant to the judgment of dissolution, the husband was required to pay alimony to the wife in the amount of $6,000 per month for a period of eleven months, followed by $5,000 per month thereafter.  The amount of the alimony obligation was modifiable upon a substantial change in circumstances in accordance with Connecticut General Statutes § 46b-86.
In Post Judgment Divorce Action, Court Determines that $1.2 Million Payment to Husband was Income, Not Liquidation of an Asset
in a post-judgment decision rendered, the Superior Court of Fairfield at Bridgeport addressed whether a payment that a husband received from his employer after the parties’ divorce constituted an asset or, alternatively, income.  The parties in this action obtained an uncontested divorce in 2008.  As part of their separation agreement, the husband was obligated to pay the wife child support in the amount of $1,600.00 per month.
Child Care Costs and the Connecticut Child Support Guidelines
in a decision rendered previously, the Connecticut Appellate Court explained the definition of “child care costs” as set forth in the Connecticut Child Support Guidelines.  In that particular case, the parties were married for approximately five years and were the parents of two minor children.  During the year of 2003, they entered into a custody stipulation which was subsequently incorporated into a comprehensive separation agreement.  The separation agreement provided that the husband would pay the wife $2,500 per month in unallocated alimony and child support for a period of five years, followed by straight child support.
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 Grants Mother Sole Custody of Her Daughter
in a custody decision, a New York appellate court affirmed a lower court’s decision to grant a mother sole custody of the parties’ child.  In this particular case, the parties were divorced in 2001, and for several years thereafter shared joint custody of their daughter.  The mother had primary physical custody subject to liberal unsupervised visitation with the father. The mother moved for sole custody, requesting that the father’s visitation be suspended, or alternatively, that it be supervised.  The father cross-moved for sole legal and physical custody, claiming that the mother was interfering with his visitation.
Trial Court Declines to Award Alimony in High Asset Divorce Action
in a divorce action in association with an alimony dispute, the Superior Court of Connecticut, Judicial District of Fairfield at Bridgeport considered the distribution of assets and property in a high-income marital dissolution matter.
Child Support Award of 20% of Father’s Variable Bonus Income Held Abuse of Discretion
in a post-judgment divorce action, the Supreme Court of Connecticut found that the trial court did not properly apply child support deviation criteria when it awarded an open-ended child support award of 20% on a defendant father’s variable bonus. The court deemed this as contradictory to the child support guideline principles and an abuse of discretion by the trial court.
Court Enjoins Defendant From Spending Personal Finances to Secure Future Child Support Payments
in a post-judgment divorce action regarding child support, the Superior Court of Connecticut, Judicial District of Fairfield at Bridgeport considered whether to grant a plaintiff wife’s motion to enjoin the defendant husband from spending recently-obtained monies. She asked the court to place a portion of the money in escrow as security on child support payments.
Trial Court Invalidates Prenuptial Agreement Where Husband Failed to Disclose Substantial Pension
in a divorce action, the Superior Court of Connecticut, Judicial Branch of Fairfield at Bridgeport considered a plaintiff husband’s claims that he and his wife signed a valid prenuptial agreement and, as such, any awards by the court inconsistent with the agreement’s terms would be improper.
When Seeking Modification of Visitation with a Child, Parents Need Not Show a Substantial Change in Circumstances
in a post-judgment divorce action, the Appellate Court of Connecticut considered, in part, whether a trial court abused its discretion when it modified a visitation order. The plaintiff argued that the court did not find a substantial change in circumstances or that modification was in the child’s best interests. Furthermore, she claimed the court erred when it did not consider the defendant’s present-day ability to parent the minor child. The judgment was affirmed.
Court Awards Wife Alimony: Her Husband’s Interest in Several Businesses
in an alimony decision rendered in the Superior Court for the Judicial District of Stamford, the Court awarded to a wife her husband’s interest in three separate limited liability companies.  The parties were married in 1988, and are the parents of two adult children.  The wife was a real estate broker, while, according to the court, the husband was unwilling to seek, obtain or maintain gainful employment.  Rather, the husband owned and/or had an interest in several businesses, as well as several properties pursuant to his interests in various limited liability companies.
Court Adjusts Child Support Payment After Minor Children Leave Custodial Parent to Live with Their Mother
while a motion to modify custody is pending, can a court temporarily modify a child support order after the minor children changed their residence from one parent to the other for a significant period of time? In a post-judgment divorce action, the Superior Court of Connecticut, Judicial District of Stamford-Norwalk at Stamford answered this question affirmatively.
Post Petition Divorce Property Settlement May Not Impact Spouses’ Homestead Exemptions in Bankruptcy Court
in re Gasztold, 11-21287, 2011 WL 5075440 (Bankr. D. Conn. Oct. 25, 2011)