A Bridgeport divorce judge recently found a 1989 prenuptial agreement valid and upheld the provisions in the prenup.
The husband had been previously married and refused to re-marry unless his potential bride signed a premarital agreement. They hired separate lawyers and negotiated the terms. An agreement was eventually signed, the couple married and the world continued to spin.
Eventually the marriage soured, the parties physically separated and a divorce was filed.
During the marriage, the husband’s assets increased more than the wife’s did.
You know where this is going….
The wife claimed the prenup was invalid.
Not so fast.
The judge found that both knew the other’s finances at the time the prenup was executed. Moreover, both currently have independent means of support. And most importantly, the financial picture at the time of divorce was within the realm of their contemplation at the time they signed the prenup.
Prenup enforced.
Case over.
I have seen a significant increase in the number of claims of parental alienation in Connecticut Family Courts. So now, more than ever, it is especially important to understand the fine distinction between true parental alienation and other reasons why a child refuses to visit a parent.
Parental alienation is a deliberate attempt by one parent to distance his or her child from the other parent. This results in the child’s rejection of a parent accompanied by a strong resistance or outright refusal to visit with the alienated parent.
A parent who lacks a relationship with their child will often accuse the other parent of alienation. However, there are other reasons why a child rejects a parent such as that parent’s very own behavior.
Estrangement occurs when parent behaves badly toward his or her child and in return, the child cuts off contact. Unlike parental alienation where there is no valid explanation for the rejection, with estrangement there is legitimate reason for the child’s rejection. Incidents of domestic violence, alcohol or drug abuse, emotional or physical abuse, neglectful parenting and mental illness are all examples of behavior which would cause estrangement.
Estrangement also comes about when a parent been absent for an extended period of time due to geographical constraints or the parent’s lack of interest.
Estranged parents pose a great challenge to the Family Court because they fail to view the situation from the child’s perspective. They don’t understand the role that their own behavior played in causing the failed relationship. They feel entitled to behave as they see fit.
It is really parental alienation or simply estrangement? This probably the question the judge will wrestle with.
Please contact me to if you are suspect parental alienation in Connecticut.
Effective October 1, 2013 Connecticut judges will be required to consider earning capacity and education as two additional factors when determining alimony.
Not really big news.
Connecticut judges in calculating alimony have already routinely used both of these factors. The new law simply mandates a judge to consider them.
Education of course ties in with occupation and employability, which are part of the current alimony statute.
Connecticut Courts have defined earning capacity as the amount a person can realistically be expected to earn considering such things as vocational skills, employability, age and health. All of these are part of the existing alimony statute too.
Bottom line – the new statute referencing education and earning capacity as mandatory factors will have little, if any effect, on alimony awards in Connecticut.
On another note – the new statute replaces “husband” and “wife” with “spouse” to reflect Connecticut’s recognition of same-sex marriage.
I represent parents 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 me in my Stamford office at (203) 356-1475 or in my Fairfield office at (203) 259-5251 to discuss your options and learn more about the alimony process.
The first step is to determine paternity.
The second step is to establish the amount the non-custodial parent will pay for child support.
This blog deals with the next step – collecting child support.
In Connecticut, there are three avenues to consider:
- Hire a lawyer;
- Represent yourself; or
- Request the assistance of the State through Child Support Enforcement.
Child Support Enforcement no longer charges a fee for its service. Nice. Simply contact your local Department of Social Services and complete an application. This is certainly the most cost effective way to go. The drawback is the volume of cases handled by Support Enforcement. Often a significant amount of time passes before a Motion for Contempt or other enforcement action is pursued.
When you represent yourself or hire a lawyer, you can take enforcement action at your tempo rather than waiting for Support Enforcement. Of course, the downside to hiring a lawyer is the potential cost of representation. It is often not a wise investment to retain counsel unless there is a substantial child support arrearage or there are complex legal issues involved.
I suggest to folks that try Support Enforcement first and keep on them before the arrearage gets too high. If there is a big delay or you become dissatisfied, it may be time to hire a lawyer to collect child support.
Besides filing a Motion for Contempt, child support may also be collected through a wage execution and/or intercepting a tax return.
According to the DCF Policy Manual, educational neglect occurs when a parent of a child, age seven through fifteen, interferes with the ability of the child to receiver a proper education.
Essentially, educational neglect is when a child is not registered in school or not allowed to go to school and there is no state approved home education program in place.
Allegations of abuse or serious neglect that potentially compromise a child’s physical safety naturally trigger quick action.
But DCF investigates claims of educational neglect a little differently than other types of Investigations since immediate protection of the child is not at issue.
DCF will ordinarily try to work with the family before filing a Neglect Petition in Juvenile Court. For example, DCF will refer the family to community-based services to assist the family in resolving educational issues.
The child’s age is an important factor in the assessment. There is a presumption that a parent of a child between ages seven and eleven is fully responsible for ensuring their child’s education. This means that a parent must enroll a child and ensure the child’s attendance. A pattern of unexcused absences and educational neglect will be Substantiated.
However, for older children, DCF will consider the possibility that the chronic absenteeism is actually truant behavior rather than parental neglect.
When a child refuses to attend school a parent or the school can file a Family With Service Needs Petition in Juvenile Court. A judge can then monitor the child’s school attendance and cooperation with any recommend services to modify the child’s behavior.
DCF Educational Neglect
I represent families 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 are subject to a DCF Investigation in Connecticut.
Co-parenting involves two parents working together for the benefit of their child.
Seems easy enough.
But I see all too often that some parents simply cannot co-parent.
And in many of those cases, it is simply because a parent puts his or her own needs ahead of what is best for the child. It becomes about the parent rather than the child. How the system “screwed” them so they force their agenda on the child. That never works.
To co-parent both parents must be selfless – not selfish. The child always comes first.
Acrimony and tension between the parents negatively affect a child’s self-esteem and their future intimate relationships.
When parents are unable to co-parent judges usually award sole legal custody to one parent.
Invest in co-parenting – your children will be the beneficiaries.
If you need help establishing a parenting plan or are involved in a child custody dispute, I am here to answer your questions and help you explore your legal options. Contact me online or call my Fairfield office at (203) 259-5251 or my Stamford office at (203) 356-1475 to discuss your co-parenting issues today.