Effective January 6, 2014, Limited Scope Representation will be permitted in Connecticut divorces and other family court matters. There has been some disagreement amongst the bar on this topic but I think it can be a cost effective way to retain counsel.
Limited Scope Representation permits a litigant to hire a divorce lawyer for only part of a case. In the past, a party either hired a lawyer for the entire case or represented themselves.
Here’s how it works.
The client and lawyer would agree as to which aspects of the case the lawyer would manage on behalf of the client. The client would handle the remaining parts of their case. Since the lawyer’s involvement is limited, the legal fees are minimized thereby allowing those on tight budgets to retain a lawyer. Even those with ample financial resources may consider Limited Scope Representation as a prudent way to manage legal expenses.
Examples of where Limited Representation might be beneficial include:
- Filing Motions for Contempt, Motions for Modification and motions related to parenting issues (i.e. custody and visitation)
- Drafting documents
- Preparing or Reviewing Separation Agreements
- Representation at pretrial or other settlement conference
- Representation at a contested trial.
Always insist on a very detailed Retainer Agreement with your lawyer specifically outlining the exact scope of representation. This will avoid potential misunderstandings. If the client and attorney agree, the scope of the representation can always be expanded at a later time.
There is some disagreement amongst the bar about whether this is a good concept. I like it.
Please contact me if you wish Limited Scope Representation in Connecticut.
You just had a car accident and never saw it coming. Your vehicle was rear-ended. You are “shaken up” but otherwise seem ok. Thankfully, there are no visible or apparent injuries. You tell the police officer you are not hurt and refuse medical treatment at the scene.
Then the over the course of the next few days you really feel it. You swear you were run over by an army tank and not hit from behind after all. Your symptoms may include:
- Dizziness
- Headaches
- Numbness or tingling of the hands
- Stiffness in neck and back
- Ringing in your ears
- Blurred vision
You have whiplash caused by a violent snap of the neck after a rear-end collision.
These injuries cannot be seen on an MRI or X-Ray. Therefore, many insurance companies tend to minimize whiplash claims.
You might also hear that since it was a low speed collision or that there was minimal damage to the vehicles involved your injuries cannot be serious. They may also point to delayed medical attention.
Neverthess, you are entitled to compensation as a whiplash victim.
Here is how to maximize your settlement:
1. Keep a regular journal about how you feel, your symptoms and how the accident has affected your daily activities.
2. Get medical attention and be consistent with appointments and treatment.
3. Obtain all your medical records for review by the insurance adjuster.
4. Don’t get discouraged by “low ball” offers from the insurance company.
5. Retain a car accident lawyer and file a lawsuit if necessary.
DCF Releases are always part of any Investigation. In fact, when Connecticut DCF comes calling, they always have plenty of Releases of Information and other Authorizations handy. As part of most DCF Investigations, they are looking for records from the pediatrician, the school(s) and any service providers like a therapists or counselors. They usually want to talk to all these folks too.
Should parents sign a DCF Releases?
This is a common question. Unfortunately, it is also a loaded question.
For starters, a parent is not required to sign a DCF Release or Authorization of any kind. Now a social worker may tell you differently. Or you may be told that it’s routine or standard procedure.
But look at this way – if the social worker was absolutely entitled to the information they wouldn’t ask you to sign something. They would simply go and get it.
When a parent signs one of these documents they are allowing a social worker to obtain otherwise confidentially protected information.
As a lawyer, I think the two principal ways DCF builds a case are when a parent talks too much and when they sign too much.
So when it comes to Releases parents should consider the following:
1. Speak to a lawyer first. An Investigation has to be completed within 45 days. There’s plenty of time – don’t believe otherwise.
2. Does the request fit what DCF is actually investigating? Never allow a social or worker to go “fishing.” At least not on state time.
3. The Release can be limited in scope and duration. Tailor it for your particular situation.
I represent clients in DCF matters through out Connecticut.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to schedule a consultation about DCF Investigations and DCF Releases.
Under Connecticut law, either spouse can petition the court for a modification of alimony unless the divorce decree precludes modification. In other words, some Separation Agreements prohibit modification altogether – others limit modification to amount or the duration of support.
If a Motion to Modify Alimony is filed, a former spouse can request an increase or decrease of the amount, or to temporarily or permanently stop the payments.
Modifying alimony is really a two-step process:
Step 1. The party requesting modification has to prove a “substantial change in circumstances” since the original support award was entered, or since the last time the order was modified.
This could include either party getting a new job or a raise. It also may include either party experiencing a decrease in compensation or changes in the assets of either party.
Other examples are:
- Deteriorating health of either party
- Loss of child support or change in child custody
- Remarriage or cohabitation
Step 2. If step one is met, then it’s back to the drawing board. The judge will consider:
- The length of the marriage
- The cause of the divorce
- The age, health, station, occupation and sources of income of the parties
- The vocational skills and employability of the parties
- The estate and needs of each party
- If one parent has custody of minor children, the desirability of that parent securing employment
Modifications of alimony are very fact dependent. Sometimes former spouses can reach a settlement. But if the case heads to trial, this is not an area to tread without a lawyer.
Stamford Alimony Attorney
I represent clients in Connecticut Divorce proceedings though out Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 if you have questions about how to modify alimony in Connecticut.
DCF Investigations are usually triggered by a call to the DCF Hotline. Often a mandated reporter, like a counselor or school social worker, makes the call. During the call, a “Hotline Worker” will gather information to determine whether the case is serious enough to warrant opening a case.
If a case is opened, it will be referred to a local DCF office – the office closest to the town where the family resides. In Fairfield County, this means a DCF office in Bridgeport, Norwalk or Stamford.
Some cases require immediate action. Other cases are less of an immediate concern. In these cases, there is a 72-hour time response time.
Per Connecticut General Statutes, a child abuse or child neglect Investigation must be completed within 45 days. Some will be concluded much earlier; others will take the full 45 days.
The completion time depends on a number of factors such as the seriousness of the allegations, the volume of cases (and the deadlines imposed by those cases), the amount of information to be gathered through the professionals involved with the family (therapists, pediatricians, teachers etc.).
A parent’s instinct is to fully cooperate with DCF. After all, there’s nothing to hide. They sometimes mistakenly think that forming a rapport with the Investigator will make things easier.
Bottom line -more cooperation does NOT mean better result. In fact, it could significantly hurt a parent’s case. Remember, parents are not required to discuss the case with the social worker. Under most circumstances, children cannot be interviewed unless a parent or guardian consent. Parents do not have to sign Authorizations or Releases of Information.
Please contact me if you would like to speak about a Connecticut DCF Investigation.
DCF Service Agreements (also known as Safety Plans) are part of many Investigations. They are usually discussed during DCF’s initial home visit. The form itself is a one-page document that identifies a Safety Factor(s) and what the parent and the social worker will do to address that concern(s).
Simply put, it is a written agreement between DCF and a parent to avoid Juvenile Court involvement. Or at least that’s what you will hear.
From a social worker’s perspective, Safety Plans are used so that parents are aware of what should be done (or not done) to ensure the child’s safety. Unfortunately, these “agreements” are presented to frantic, vulnerable parents who are naturally afraid of their child being removed. Although the social worker will likely claim that a parent’s input is important, the reality is that DCF attempts to set the terms of these Plans.
Here’s what you need to know about a Service Agreement:
1. You might hear that the form is “routine” or “it’s done all the time.” However, signing one is strictly voluntary. You can and sometimes should say no.
2. They are not binding. A Service Agreement is not a court order.
3. Speak to a lawyer before signing a Service Agreement. Again, sometimes it makes sense to sign – other times not. Always make sure that if you do sign, the terms are reasonable and capable of being accomplished. Otherwise, any non-compliance may be used as a basis for removing a child under a 96-hour hold or Order of Temporary Custody.
Please email me (203) 259-5251 to discuss DCF Service Agreements.