Who pays for medical bills is one the biggest concerns a Connecticut car accident victim has. The anxiety builds as the debts pile up and more medical treatment is still needed.

Now let’s get your medical bills squared away.

Here’s how:

1. Medical Payments Coverage (“Med Pay”). Look at your automobile insurance policy. You may have purchased additional coverage in case you were injured in a car accident. If so, this is your primary source for paying your medical bills.

2. Health insurance. This is your next option if you do not Med Pay or have exhausted the amount of Med Pay coverage. Before your private health insurance will pay your expenses, they will require a letter from your automobile insurance carrier that you do not have Med Pay coverage.

3. Medicare or Medicaid. If you are on either these federal programs, they will pay the bills as they come in but they will eventually make a claim for reimbursement.

4. Worker’s Compensation. If you are injured in a work related motor vehicle accident, worker’s compensation insurance while cover your health care expenses.

5. Letter of Protection. This is written promise sent to your medical provider that you will pay your outstanding medical bills when your case is resolved. Basically, your doctors have a lien on your settlement.

As an accident victim, your focus should be on receiving appropriate medical care and recovery. Making sure your bills are paid is one of the more important tasks your attorney can handle for you.

Please email me or call  (203) 259-5251 if you need help getting your bills paid after a Connecticut car accident.

A Connecticut divorce or legal separation is resolved either by trial or by settlement. I estimate that approximately 95% of cases end with an agreement. When they do, the terms are set forth in a document called a Separation Agreement. This Agreement is then presented to a judge at an uncontested divorce. The judge must find the Agreement to be “fair and equitable.”

The Separation Agreement really has two aspects.

The first is the “boilerplate” language contained in all Separation Agreements. For example:

  • The grounds for the divorce or legal separation (almost always irretrievable breakdown of the marriage)
  • The agreement is intended to cover all rights and obligations incident to the marriage
  • Waiver of estate claims
  • The agreement was signed voluntarily and explained satisfactorily
  • The parties believe that sufficient information was exchanged

The second is the “real meat” Separation Agreements. These are the substantive provisions specific to the case. After all, this is what the spouses are really interested in.

At a minimum, these provisions should address:

  • Alimony/spousal support
  • Custody, visitation and decision-making – often referred to as a Parenting Plan
  • Child support
  • Tax issues such as dependency exemptions, filing status and applicable deductions
  • Property distribution including personal property, bank accounts and real estate
  • Retirement accounts – IRA’s, 401ks and pensions
  • Allocation of debts
  • Health insurance for spouses and children
  • Life insurance
  • Post-secondary education expenses for children

A well-drafted Separation Agreement will address as many contingencies as reasonably foreseeable. This reduces the chance of misinterpretation and future litigation.

Please email me or call  (203) 259-5251 if you would like a review of your Connecticut divorce Separation Agreement.[/column]

You have probably heard about Connecticut Prenuptial Agreements in your travels.  Perhaps you are even considering one or maybe your fiancee broached the subject of a premarital contract with you? There are many reasons to consider a prenuptial agreement. Here are the top five:
  1. You have accumulated substantial assets
  2. You have a family business or closely held business
  3. You are expecting to receive a large inheritance or sizeable gift
  4. Your income is much greater than your prospective spouse
  5. You want your children from a prior relationship to inherit your estate
I know some people think prenups are distasteful or offensive. And if you ask your fiancee to sign one it must mean troubled times and a bleak marital forecast. On some level, I understand the pessimism. But it does not mean the marriage is doomed. In fact, some lawyers and therapists believe that by having a prenup couples are less likely to divorce because there is no financial gain ahead. Alimony, property division and the like are already set. There is no gold in those divorce hills. In most cases, having a prenup also limits your legal fees in the event of divorce. We all have heard of hotly contested cases where the legal fees run into six figures. But that’s unlikely if you have a well-drafted premarital agreement. Not to mention escaping the emotional toll of going through a long, drawn out court proceeding. See, Connecticut Prenuptial Agreements are not just for the wealthy. They are appropriate for any engaged couple wishing to settle their affairs thereby limiting divorce expenses and avoiding litigation. Prenups save money. Prenups reduce conflict.

I represent clients in divorce and Family Court related matters through out Fairfield and New Haven Counties including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford, Greenwich, Shelton, Orange and Milford.

Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to schedule a consultation regarding a Prenuptial Agreement in Connecticut.

A Motion to Intervene in Connecticut Juvenile Court is often necessary.  Here’s why.

When DCF files an Order of Temporary Custody or Neglect Petition in Connecticut Juvenile Court, they are required to serve all the necessary parties. This ordinarily just means parents and/or guardians of the children.

If a relative or another interested third party wishes to participate in the case, they must file a Motion to Intervene in Juvenile Court and request to be a made a party.

Here are some reasons to intervene:

  • Establish visitation rights
  • Seek temporary custody or guardianship of the child
  • Request that the child be placed in their foster home

There are different standards depending on the timing of the motion and the prospective intervenor’s relationship to the child.

Some factors the judge will consider are:

  • Whether the proposed intervenor has a direct and immediate interest in the case
  • Whether their interest is adequately represented by existing parties
  • The potential delay or prejudice in adding additional parties
  • The necessity or value of the intervention in terms of resolving the controversy or issue before the Court
  • The child’s best interests.

A few important points:

  • Unlike parents or guardians, a proposed intervenor is not entitled to a court appointed attorney.  You are allowed to have legal representation but the Juvenile Court will not appoint an attorney to represent you.  It is often wise to hire your own attorney
  • A judge may allow intervention for only a limited purpose rather than allowing full party status. This done on a “case by case” basis
  • A party’s intervenor status may be terminated at any time if such person’s intervenor status is no longer warranted or justified. For example, the original reason(s) for the intervention no longer exist

As a practical matter, a Motion to Intervene is most useful when DCF and the proposed intervenor cannot agree on what is in the child’s best interest.

I represent clients in Bridgeport Juvenile Court involving families that reside throughout Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.

Contact me online or call my Fairfield office at (203) 259-5251 or my Stamford office at (203) 356-1475 if you have questions about a Motion to Intervene in Juvenile Court.

 

Connecticut DCF Considered Removal Meetings are required in most cases.  The purpose is to give parents, parents and other family members the opportunity to be heard when DCF is thinking about removing a child pursuant to a 96 hour-hold or an Order of Temporary Custody from Juvenile Court. Essentially, these meetings recognize the importance of keeping children safe while attempting to maintain family connections and relationships.

These meetings are voluntary.  In my experience, sometimes they are beneficial and other times not much is accomplished. Lawyers, service providers and others who may offer support to the parents are able to attend.

A DCF facilitator oversees the meeting. Naturally, the environment can be tense but these conferences are designed to be civil and give everyone a chance to state their position.

Considered Removal Meetings

Considered Removal Meetings usually consist of two parts:

1. Does the child need to be removed?  In others words, what can the parents do to alleviate DCF’s concerns and prevent removal. For example, agreeing to accept services such as counseling, submitting to an evaluation for mental health or substance abuse, prohibiting contact with an alleged perpetrator or signing releases so DCF can gather more information. If an agreement is reached, the terms will often be incorporated into a DCF Safety Plan or Service Agreement.

2. If DCF is going to remove the child, then the family can identify relatives or other suitable individuals as “placement resources.” Of course, this is preferred over placing the child in a non-relative, DCF licensed foster home. Therefore, parents should come prepared with names and addresses of potential placement options and discuss with these individuals their ability and willingness beforehand.

You may contact me by email or by calling my Fairfield office at (203) 259-5251 or in Stamford at (203) 356-1475 for a consultation about DCF Considered Removal Meetings.

What types of cases does the Fairfield Probate Court decide?

In general terms, there are three categories of cases:

1. Cases involving the welfare of children. The Court has the authority to remove an unfit parent as the guardian of their child. In cases involving extreme neglect or abuse the Court also may terminate parental rights. If parental rights have been terminated, the Court may grant an adoption.

2. Cases involving Estates. When someone passes away, the local Probate Court oversees the administration of the estate. The Court will appoint an executor. Beneficiaries will be identified so that property may be distributed pursuant to the decedent’s will. As part of the administration process, the Court also requires creditors to be notified and debts determined. If a decedent dies without a will (intestate), the court may appoint an administrator who will function as an executor would if the decedent had died with a will. The Probate Court also hears will contests and issues involving certain trusts.

3. Cases to protect adults. Unfortunately, there are times where once well functioning adults are no longer capable of managing their financial or personal affairs. In such an instance, the Court has the authority to appoint a conservator of the estate, a conservator of the person or both to protect the interests of the adult. The Court may also committ adults suffering from mental illness or addiction to residential facilities for appropriate treatment.

The staff is pleasant and very helpful. Therefore, a lawyer is not always required. Of course, for some complex cases, a lawyer familiar with the probate process may be necessary.

Please contact me if you wish to discuss a Fairfield Probate Court matter.

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