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Five Frequently Asked Questions About Family Law
1. What is the Difference Between Divorce and Legal Separation? Divorce and legal separation have all of the same legal requirements, including residence to establish jurisdiction, service of papers, pleadings, grounds for the action and court appearances. The only difference is that when judgment is entered, the parties are "legally separated" rather than "divorced" and neither party is free to remarry. Unless there is and order to the contrary, inheritance rights and the duty to support the other person may remain. Legal separation may be changed to divorce at any time during or after the proceedings at the request of one of the parties. Of course, married couples may separate and live apart without any legal proceedings. The advantage of a legal separation is that the court will enter enforceable orders for child support, alimony, custody, debts and so on. Top 2. What Do We Do About Money During the Divorce? In response to concerns about money, household bills and so on during the divorce process, Connecticut now has "automatic orders." These orders are binding on both parties. Neither party may remove the other from insurance policies, including health or auto policies. Neither party may close joint bank accounts or spend or transfer martial assets, including bank accounts and property. Neither party may incur debts that both parties could be held liable for, except that each may use joint funds to retain attorneys or to pay necessary expenses, such as mortgage, food or medical bills. The orders also require that parties with minor children participate in the parent education program and keep each other informed of their address and phone numbers. Top 3. Who Decides Custody and Visitation of the Children? In Connecticut, both parents are assumed to be capable of parenting their children, absent problems such as domestic violence or ongoing substance abuse. If the parents have reached an agreement as to custody and visitation, the court will usually honor the agreement. If custody is an issue, however, the court may also appoint a lawyer for the child to represent the child's interests. The parents will usually be responsible for the fees of the children's lawyer. Family Service officers may be asked to assist in resolving the issues. However, if no agreement can be reached, the court may assign custody of minor children to either parent, both parents jointly, or even to a third party, depending upon the particular circumstances. In deciding custody, the court will be guided by the best interests of the child. The child's wishes will be considered if he or she is old enough and capable of forming an intelligent preference. The court may also consider any other circumstances affecting the child. The court prefers to enter orders for "reasonable visitation" so that the parties may work out a flexible plan that works for them. If that is not possible, the court will step in and set schedules for the parties. Contrary to what many people believe, there is no mandatory schedule for visitation. In Connecticut, non-custodial parents, grandparents or other third parties may be permitted time with the child, if it is in the best interest of the child. If necessary for the protection of the child, the court may order supervised visitation, limit visitation or deny visitation altogether. When circumstances change, the parties may request the court to change visitation orders. Top 4. How is Child Support Determined and How is it Paid? In the vast majority of cases, the Child Support and Arrearage Guidelines are used to establish support orders. These Guidelines are based on the income of both parents as well as the number of minor children and allow for consideration of mandatory expenses such as taxes, union dues and health insurance premiums. Copies of the Guidelines are usually available at the Family Clerk's Office. Under the most recent revision of the Guidelines, the support orders now include a contribution to daycare costs and health insurance or medical costs. While the Guidelines are used in most cases, the court may adjust the award based on the particular facts and circumstances of the case. Child support orders cover minor children until the age of 18 or until they graduate from high school, if they turn 18 before they complete high school. Under Connecticut law, non-custodial parents are not required to contribute to college expenses unless that is specifically included in the agreement of the parties. As married parents are not required to pay for the children's college education, divorced parents cannot be required to do so unless they agree in writing. Under Connecticut law, support is usually by wage execution. If the custodial parent agrees, the non-custodial parent may pay support directly to the custodial parent. Top 5. What Happens if Child Support or Alimony Isn't Paid? Because child support and alimony are court ordered, failure to pay will result in a finding of arrearage and a possible motion for contempt. If the parent is found to have been capable of earning and still failed to pay, the parent may be found in contempt and in certain circumstances, could be incarcerated until he or she is purged of contempt. The law allows the court to suspend driver's licenses or professional licenses, intercept tax refunds or place liens on property in order to obtain payment of support orders. Even though a non-custodial parent has failed to pay child support, the custodial parent cannot use non-payment of support as grounds to deny visitation. The minor child is entitled to a relationship with both parents, regardless of the animosity between the parties. The opposite is also true; the non-custodial parent cannot use the inability to see his or her child as grounds on which to base refusal to pay child support. Top If you or a loved one is in need of legal assistance, call Leighton, Katz & Drapeau at our Rockville office by dialing (860) 875-7000, or our Enfield office at (860) 749-4000. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation. |
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