Brian D. Kaschel - Brian's Blog

29 04 '11

Divorce in Connecticut – changing wills, beneficiaries and other documents

You are contemplating a divorce. There are many aspects to consider – support, property distribution, custody of the children and the list goes on. But what about your Will, Living Will and Power of Attorney? Many spouses leave most, if not all, of their property to their partner. Is this still your intention? Probably not…

25 04 '11

Divorce and taxes – five things to know in Connecticut

I came across an article in Time, which highlighted five important tax points for individuals who are divorcing or have divorced. A quick summary: 1. One’s filing status ( i.e. married or single) is dictated by your marital status on December 31 regardless of the date you were divorced or married during the calendar year….

23 04 '11

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. Post-nuptial agreements are legally permissible in Connecticut. Courts have held that these agreements are…

22 04 '11

The debate in Connecticut – should adoption records be open?

What information exists concerning a child’s adoption in Connecticut? Probate Court files. Probate Courts in Connecticut have jurisdiction over adoption. The Probate Court files contain the identity of the biological parents but also the file has a study performed by DCF which has very detailed information surrounding the circumstances of the parents and the reasons…

20 04 '11

$250,000 award for wall jumping fall in Connecticut

Here is a summary of a recent personal injury case according to the Connecticut Law Tribune: Facts: The Plaintiff saw a vehicle which was “for sale” on Defendant’s property. He leaped over a stone wall to take a look at the vehicle. The Plaintiff landed in a sunken depression and was injured. Injuries: The Plaintiff…

19 04 '11

Belly dancer’s blog eliminates alimony award

According to the NY Daily News on April 17. Three years ago a wife was awarded lifetime alimony of $850 per month. It appears that the basis for the award was her claim that she was unable to work due to a injuries sustained in a car accident. Seems the wife was actually not that…

15 04 '11

Cohabitation and Alimony in Connecticut

Cohabitation after divorce can lead to alimony modification. In general, Connecticut allows alimony to be modified upon a showing of a “substantial change in circumstances” unless a divorce judgment precludes modification. The change in circumstances can be a change in the circumstances of either party. The most common scenario I see is a financial change…

13 04 '11

Shaken Baby Syndrome – a DCF 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 understandably scared. They are nervous, anxious, trying to offer any possible explanation. They want to cooperate and are searching for answers. Unfortunately, shaken baby syndrome…

08 04 '11

Pet law – New and important Connecticut legislation

There is a bill before the legislature which would increase the amount of damages a pet owner can recover if their pet is attacked. Currently, pet owners are limited in terms of the money they can recover. Often pet owners can only recover the cost of the replacement value of the pet. The new…

06 04 '11

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.” What happens when…