In a Connecticut divorce case, there are three types of alimony:
1. Lifetime alimony. There once was a time when lifetime alimony was the norm. The receiving spouse would get a weekly or monthly amount until he/she remarried or until the death of one of the parties. Lifetime awards are becoming increasingly rare in Connecticut and across the country. In fact, there is a movement in Connecticut to abolish alimony through extensive alimony reform legislation. However, there are still cases where a strong argument can be made for lifetime alimony. These cases while very fact dependent typically involve long-term marriages (30 plus years) where the paying spouse has significant financial resources.
2. Lump sum alimony. This type of alimony award can be a one-time payment or a series of installment payments (usually short term). Ordinarily, lump sum alimony payments are ordered when the receiving spouse is in need of immediate financial assistance rather than waiting for periodic, term payments.
3. Term alimony. Term or periodic alimony is the most common award of alimony in Connecticut. For example, $1,000 per week for 8 years.
A few points:
Lump sum alimony awards are payable in full regardless of future events such as the remarriage by the receiving spouse or the death of paying spouse.
Term alimony may be modified unless precluded by the Separation Agreement.
In some cases, a nominal amount of alimony is awarded – usually a $1 per year. This is done to allow future modification of the alimony award because if alimony is not awarded at the time of the divorce it cannot be ordered in the future regardless of the circumstances of the parties.
Questions about pit bull attacks in Connecticut?
Connecticut has a statute, which imposes strict liability on owners and keepers of dogs if the dog injures another person.
Here is the “dog bite statute” – Connecticut General Statutes Sec. 22-257:
“If any dog does any damage to either the body or property of any person, the owner or keeper, or, if the owner or keeper is a minor, the parent or guardian of such minor, shall be liable for such damage, except when such damage has been occasioned to the body or property of a person who, at that the time such damage was sustained, was committing a trespass or other tort, or was teasing, tormenting or abusing such dog. If a minor, on whose behalf an action under this section is brought, was under seven years of age at the time the damage was done, it shall be presumed that such minor was not committing a trespass or other tort, or teasing, tormenting or abusing such dog, and the burden of proof shall be upon the defendant in such action.”
What does strict liability mean?
Well – let’s simplify the statute a bit.
If the injured party was not trespassing, not committing a wrongful act and not provoking, teasing or tormenting the dog the owner (or keeper) is on the hook for injuries and property damage. The owner or keeper has no defense.
For a victim under age 7, it is even easier to bring a claim since it is assumed that the child was not acting inappropriately.
A pit bull attack victim may be compensated for all losses associated with the attack including medical bills, lost wages, scarring and plastic surgery.
In most cases, damages are paid by homeowner’s insurance company not by the owner of the dog.
Please contact me if you have questions about pit bull attacks and compensation for your injuries.
Federal officials recently cracked down on several low-cost bus companies operating from Chinatown in Manhattan, prompting the closure of 26 bus lines. This crackdown comes on the heels of numerous crashes involving bus companies from Chinatown, the deadliest of which occurred in 2011.
A tour bus carrying 32 passengers from a Connecticut casino slammed into an interstate guardrail, rolled and slid through a large highway sign. Fifteen passengers were killed in the bus accident, and another seven were severely injured.
The National Highway Traffic Safety Administration recently wrapped up a congressional hearing to determine the cause of the accident. Investigations show that driver fatigue was the largest contributing factor. Records from the driver’s cellular phone company show that he had spent most of the three days prior to the accident talking on his phone while wandering around the New York City area. It is believed that the driver had no significant sleep during this time.
According to several surviving passengers, the driver fell asleep at the wheel. Investigators did not find evidence that the driver had braked before the bus hit the freeway sign. The bus was believed to be traveling at about 78 mph, its top speed, and officials determined it was traveling at about 64 mph when it struck the sign.
Fatigue coupled with speed is particularly dangerous. Accidents like this are preventable. The NHTSA has guidelines to help owners and operators of large vehicles ensure that their drivers are not working under fatigued conditions, for the safety of the driver, passengers and fellow motorists.
Source: The New York Times, “Driver Fatigue and Speed Caused Fatal Bus Crash, Investigators Say,” Patrick McGeehan, June 5, 2012.
There are many personal injury lawyers in Connecticut and throughout the country.
So how do you select the right attorney for your particular case?
Most (if not all) personal injury lawyers offer free initial consultations. Take advantage and schedule consultations with several personal injury attorneys.
At the consultation, be sure to bring copies of all relevant documents such as police reports, medical records, bills related to the accident as well as any correspondence with insurance companies and other parties invloved in the incident.
For starters, I suggest getting answers and information concerning:
1. How long has the attorney been in practice?
2. What percentage of the lawyer’s practice is devoted to personal injury?
3. Does the lawyer represent injured parties exclusively or does he/she also represent insurance companies?
4. Will the lawyer have personal responsibility for the case or will it be handled by other associates with perhaps less experience?
5. Will the lawyer check in periodically to check on your medical treatment and keep you updated on the status of your case?
6. Discuss your short term objectives such as payment for property damage and repairs to your car, options for the payment of medical bills and insurance coverage issues.
7. Discuss potential case outcomes including the strengths and any perceived weaknesses in the case.
8. Discuss fee arrangements including how costs of litigation will be handled.
Do not be shy about asking these questions. If the attorney seems “put off” then you may wish to continue exploring other options for representation.
Significant changes to Connecticut Restraining Orders and domestic violence laws will take effect on October 1, 2012. The amendments are designed to provide victims of domestic violence greater support from the courts and law enforcement agencies.
The biggest change is that the new law extends from six months to one year the maximum period that a civil restraining order can remain in effect without a court extension.
The new law also makes stalking or patterns of threatening between family members a form of family violence.
Also, upon request by a crime victim, the new law requires Prosecutors to notify crime victims when a defendant’s criminal charges have been dismissed or nolled.
Here is the Public Act:
http://www.cga.ct.gov/2012/ACT/Pa/pdf/2012PA-00114-R00HB-05548-PA.pdf
A DCF Investigation is usually triggered by a call to their Hotline. A “Hotline Worker” will gather information on the telephone 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.
Some cases require immediate action – typically a 24 hour response time. Other cases are less of an immediate concern. In these cases, there is a 72-hour time response time.
DCF Investigations
Per Connecticut General Statutes Sec. 17a-101g(a), DCF has 45 days to complete a child abuse or child neglect Investigation. 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.) as well as the level of cooperation from the parents. Oh and some social workers simply work harder than other social workers. But alas, this is no different from other professions.
Remember, parents are not required to consent to interviews or sign releases!
And more cooperation does NOT mean better result. In fact, it could significantly hurt a parent’s case.
Anyway, once the Investigation is complete, a Form Letter will be sent advising the individual, parent(s) or guardian(s) accused of the abuse or neglect whether the case is Substantiated or Unsubstantiated.
If DCF lacks “reasonable cause” to believe that child abuse or neglect has occurred then the case will be Unsubstantiated and closed. There can be no Central Registry placement.
On the other hand, a case will be Substantiated when DCF concludes that they have “reasonable cause” to believe that child abuse or child neglect has occurred. This is a low and somewhat discretionary standard which is why Substantiation Appeals are often successful. DCF also has the authority to recommend Central Registry placement when allegations of abuse or neglect are Substantiated.
Future blogs will address how to appeal a Substantiation and whether a parent or guardian should cooperate if accused of child abuse or neglect.
I represent clients in DCF 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 DCF Investigation.