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April 2011 Archives

Post-nuptial agreements in Connecticut

A post-nuptial agreement is signed after a couple marries.  The agreement can address the same issues which a pre-nuptial agreement would.  For example, alimony, property distribution and other financial considerations upon a divorce can be set forth in a post-nuptial agreement.  

Shaken Baby Syndrome - a default diagnosis?

I have seen the fact pattern many times in Juvenile Court.  Infant. Injuries including retinal hemorrhages, bone fractures and bleeding in the brain. The parent is interviewed (interrogated).  They are nervous, anxious, trying to offer any possible explanation.  They want to cooperate. However, if the explanation given by the caretaker is inconsistent with the nature and extent of the injuries shaken baby syndrome almost seems assumed.  It almost amounts to a default diagnosis. Maybe sometimes even a snap judgment. 

Put it in writing! Verbal agreements do not modify child support in Connecticut

Court orders are not considered modified unless and until the agreement is put in writing, approved by a judge and made a court order.  In fact, most Separation Agreements include language that the terms of the Agreement cannot be modified unless "in writing and executed with the same formalities of the Agreement."

Online defamation - Is Section 230 of the Communications Decency Act too broad?

I get calls from people who are exasperated about information posted about them online.  They are frustrated and want to know if they have a defamation case.  The answer is usually no.  The reason is section 230 of the Communications Decency Act which provides Section 230(c)(1) provides immunity from liability for providers and users of an "interactive computer service" who publish information provided by third parties.  In analyzing the availability of the immunity offered by this provision, courts generally apply a three-prong test. Each of the three prongs to gain the benefit of the immunity:

Eight reasons to sign a prenuptial agreement in Connecticut

I have noticed a rise in prenuptial agreements.  Maybe its the troubled economy.  It may also be that more engaged couples recognize the value of prenups.  So what are some of the reasons to consider a prenuptial agreement in Connecticut?