How to modify alimony in Connecticut? This is often a pressing matter for divorced spouses in Connecticut.
After a divorce decree has been entered, the circumstances of the former spouses creating a need to modify the original support award. The most common reasons for requesting a modification are financial – especially in the current economy, where many people have had their work hours reduced, been laid off or lost their jobs.
Under Connecticut law, either spouse can petition the court for a post-judgment modification of alimony unless the divorce decree precludes modification. The modification may be a request to increase or decrease the award, or temporarily or permanently stop the payments.
The party requesting the modification has the burden of proving to the court that there has been a substantial change in circumstances since the original support award was entered, or since the last time the order was modified. There is no set list of what constitutes a “substantial change in circumstances” – instead, the court considers the parties’ individual circumstances when making this determination.
The court will specifically consider whether there has been a substantial change in the financial circumstances of one or both of the parties. This could include either party getting a new job or a raise or other increase in their compensation. It also may include either party experiencing a decrease in compensation or changes in the assets of either party.
Other factors that may indicate a substantial change in financial circumstances include:
- Deteriorating health of either party
- Loss of child support or change in child custody
- Remarriage or cohabitation
If the court finds that there has been a substantial change in either party’s financial circumstances, then the court will consider the same set of factors it looked at when the alimony award was first entered. These factors include:
- 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
Please contact me to discuss how to modify alimony in Connecticut.
In the wake of the defective product lawsuits lodged against Toyota, the National Highway Transportation Safety Administration (NHTSA) has called for new rules to make brake-override systems standard in new cars. More than 10 million vehicles, including Toyota’s Camry and Lexus’ ES300, were recalled due to the possibility of accelerator pedals being trapped under floor mats.
This problem led to several high-profile car accidents involving fatalities. In June 2006, a Toyota Camry ran into an Oldsmobile in a St. Paul, Minnesota intersection, killing two people. The driver was charged with vehicular homicide. In August 2009, four people were killed near San Diego, California when an off-duty highway patrolman couldn’t stop a Lexus ES 350 that had an accelerator pedal trapped by a floor mat.
As such, there was a push to minimize the risk of drivers losing control of their vehicles. Transportation Secretary Ray LaHood explained that drivers should feel confident in being able to maintain control of their vehicles, and that the safety updates would give them peace of mind.
With the new regulation, automakers would be required to include a brake-throttle override system in all vehicles weighing 10,000 pounds or less – essentially including all passenger vehicles on America’s highways. Such a system would stop the vehicle if both the brake and accelerator pedals were used at the same time. The rule would apply with all 2014 model cars.
In the meantime, a number of automakers have included brake override systems in their vehicles. Toyota included them in all 2011 models. General Motors will make them standard in 2012 cars with automatic transmissions. Ford Motor Company has override systems on a majority of its 2010 models, and Chrysler includes them on all vehicles sold in the U.S.
The implementation of override systems creates a new expectation for safety standards and changes what is reasonable in what automakers can do to prevent accidents.
Source: The Detroit News, “NHTSA proposes making brake-override standard” April 13, 2012.
There is little doubt that collaborative divorce is becoming more of an accepted concept amongst the family bar.
When conducted properly it has many advantages including insulating the children from the parent’s acrimony and conflict.
One of the keys to a successful collaborative divorce is to select the right professionals – not just the right attorney. Therapists, family counselors, financial planners and accountants all have an important role in this process.
The other key is the “all in” approach. I have heard this phrase a lot lately – usually in a sports context. In the collaborative process, “all in” means being committed to the model. If one spouse is not dedicated to resolving the divorce in a collaborative way then scrap it. It simply will not work unless there is mutual acceptance and belief in the collaborative method.
Have you been denied Educator Certification because of DCF troubles?
Teachers (and other professionals who require certification) are now required to sign an authorization allowing the Board of Education to check to see if their name appears on the Central Abuse and Neglect Registry. And you guessed it – if your name appears on the Registry, you cannot be certified.
Incredibly, many teachers (and certainly countless others) are on Central Registry without even knowing it! But how could this be?
The problem lies with the way DCF “informed” parents of the investigation results prior to 2005.
Back then, at the conclusion of an Investigation, parents would receive a form letter from a Social Worker informing them of the results of the investigation. The letter further advised the parents how to appeal the Substantiation. Seems fair. Ah but it wasn’t.
See, prior to 2005, a Substantiation resulted in automatic placement on the Central Registry. The letter contained no language whatsoever about the Central Registry or its implications. Undoubtedly, if it did, many parents would have appealed their Substantiations.
So – fast forward to now. Teachers are applying for their certification. And then bam! Unsuspecting parents suddenly find out that some old, minor dust up with DCF from years ago is about to cost them their livelihood.
Thankfully, DCF has a procedure in place to appeal the Central Registry placement.
Connecticut DCF Appeals
I represent clients in all DCF related matters though out Fairfield County including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Contact me online or call me in my Fairfield office at (203) 259-5251 or in my Stamford office at (203) 356-1475 to schedule a consultation to discuss a denial of educator certification and what the best available options are for you.
I have been involved in countless DCF Investigations in which child abuse is alleged.
DCF will ask the parents to explain how the injury occurred. DCF then provides the child’s medical records, statements of the parent’s explanations and any other pertinent information to a pediatrician specializing in the diagnosis of child abuse. If, according to the DCF expert, the parent’s version is inconsistent with the child’s injuries, the parents will be charged with abuse. (The fancy legal language is “injuries that are at variance with the history given of them.”)
The consulting physicians that DCF retains are in my opinion ultra conservative. Maybe understandably so. Often times however, the DCF expert is unable to determine the cause of the injury but only that the parent’s explanation does not make sense. DCF then removes the child until it can be determined exactly what happened or at least until the safety of the child can be assured.
I know of cases where parents have passionately argued to DCF that perhaps there were other causes for the injuries. DCF rarely believes it notwithstanding that there are many diseases, which mimic symptoms of child abuse including hereditary blood disorders, leukemia and vitamin K deficiency.
Well good news. Dr. Michael Laposta is developing a new blood regimen that will rule out these types of disorders as the cause of child abuse. Here’s hoping this testing decreases the misdiagnosis of child abuse.
Reads the article here:
Pioneering a Way to Distinguish Blood Disorders From Child Abuse – ProPublica
It is not easy to go through a divorce. It can be emotional, stressful and full of uncertainty. So just imagine how your children feel.
Read the article below, which offers some guidance on how to approach the impending divorce with your children.
Tell Children Divorce – How to Break the News to Your Kids
A few additional thoughts.
1. Be sure that the divorce will be filed. Better yet, wait until it is. Spare the children your indecisiveness. If you constantly speak to the children about “potentially” filing for divorce, it will simply add confusion to the mix. Children need to continue to trust you (the parent). They are counting on you for accurate information – do not lose their confidence early in the process.
2. Try to minimize conflict (children dislike) and maximize routine (children like).
3. Don’t be shy about seeking professional help for yourself or your children. If you are healthy mentally, your children will benefit. If they are struggling, do not try to fix the problem yourself. Get your children counseling.