A few thoughts on how to choose the best divorce lawyer for you and your case.
At your initial consultation you should consider these areas:
- Compatibility. This is more about personality than anything else. You will likely be spending lots of time with your lawyer. Office conferences. Court appearances. Phone calls. Some divorce litigants want the “bulldog” – a lawyer who will be aggressive right at the jump. Other clients prefer a skilled negotiator who is a little more cool initially but can turn up the heat when needed. In addition, to personality, you should feel that the potential lawyer understands your case objectives and agrees to pursue them.
- Competency. Maybe the better word is capable. Obviously, you want a lawyer with experience in handling divorces. Ask what % of their practice is devoted to family court work and specifically divorces. And this is only the starting point, From there, determine how the lawyer’s professional experience translates directly to your case. For example – Are they familiar with the particular court where is the case is filed? Do they know opposing counsel? Have they represented clients in a similar situation? If your case seems headed litigation, then inquire about their trial experience.
- Cost. Get an understanding of how you will be billed – retainer amount, hourly rate and at least an approximate range of the ultimate legal expense. Some attorneys offer a fixed or flat fee for uncontested cases – yours might qualify. Ask.
- Conclusion. How long will the process take? A seasoned lawyer can give you a fair estimate of how long it will take to get to the finish line.
- Clarification. This is the final point. But it’s as important as the others. If you are not clear on a point that was discussed, then get it clarified before you leave the lawyer’s office. The foundation of the client-lawyer relationship is trust. Trust can erode with a simple misunderstanding. Make sure you are in sync from the beginning.
I represent clients in divorces 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 would like a consultation concerning a Connecticut divorce.
Connecticut Truancy Law
Allegations of Connecticut school truancy can be a source of conflict between parents and school administration. It can also lead to an unwanted referral to DCF alleging educational neglect
Connecticut General Statutes Section 10-198a provides the relevant regulations that each school district must follow regarding student attendance. It states:
“A student’s absence’ from school shall be considered excused if written documentation of the reason for the absence has been submitted within ten school days of the student’s return to school or in accordance with Section 10-210 of the Connecticut General Statutes and meets the following criteria:
A. For absences one through nine, a student’s absences from school are considered excused when the student’s parent/guardian approves such absence and submits appropriate documentation;
and
B. For the tenth absence and all absences thereafter, a student’s absences from school are
considered excused for the following reasons:
1. student illness (Note: all student illness absences must be verified by an appropriately
licensed medical professional to be deemed excused, regardless of the length of absence);
2. student’s observance of a religious holiday;
3. death in the student’s family or other emergency beyond the control of the student’s
family;
4. mandated court appearances (additional documentation required);
5. the lack of transportation that is normally provided by a district other than the one the
student attends (no parental documentation is required for this reason); or
6. extraordinary educational opportunities pre-approved by district administrators and in
accordance with Connecticut State Department of Education guidance.
Absences that exceed these limitations are considered unexcused and can eventually constitute truancy. Truancy is when a student has four unexcused absences in one month or ten unexcused absences in one school year.
Obviously, regular attendance at school is critical to a child’s academic success. Missed school can cause children to feel disorganized, confused, and/or unclear about assignments or expectations. In addition, children may miss instruction that is vital to their success in the academic environment. Plus, consistent school attendance helps build peer relationships and improve social skills.
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 have questions about Connecticut school truancy issues or DCF Investigations.
I frequently field questions about the interplay between a 401(k) and Connecticut divorce.
For example, if you are getting divorced, is your spouse’s 401(k) an asset you should share when the marriage is dissolved?
If you don’t work for your spouse’s employer, can the retirement account be split?
The answer to both of these questions is yes.
The below is an excerpt from a well written article about this topic.
Other than an exemption we’ll talk about in a moment, federal law does not permit an employee’s 401(k) to be assigned to someone else, even a spouse. The rationale? To ensure that the employee’s retirement benefits actually go to the employee when he or she retires.
But the law permits an exception for an “alternate payee.” The proper procedures must be followed to comply with ERISA. And if they are, the local divorce (or family) court can order a distribution to the spouse.
Once the divorce or family court determines that the 401(k) will be split between the spouses, a special order must be drafted and approved by the court. The order is called a QDRO, which stands for qualified domestic relations order.
A properly drafted QDRO is the mechanism that is used to transfer assets from the owner of the 401(k) to his or her former spouse. It is the only way a former spouse can receive a nontaxable assignment of all or part of a spouse’s 401(k) plan.
QDROs also are used for assigning pension assets.
Normally the portion of the employee’s 401(k) that goes to the spouse is transferred into the spouse’s individual retirement account (IRA) to avoid a taxable distribution. For example, an employee’s 401(k) balance of $1 million might result in 1/2, or $500,000, going to the spouse. The spouse’s $500,000 is transferred to his or her IRA, and the remainder stays in the 401(k). There is no income-tax consequence to either spouse.
You don’t want to agree to a property settlement without first quantifying the value of your spouse’s 401(k) account. When valuation is an issue, you can request a valuation from the plan administrator or call in a qualified actuary. And when your lawyer presents you with the divorce settlement, satisfy yourself that pension and 401(k) assets are dealt with adequately. Because divorce is a time of disruption, take your time to understand what is being presented.
Source: Julie Jason: Don’t overlook a 401(k) in a divorce
I represent clients in divorces 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 401(k) and Connecticut divorce.
A Connecticut Custody Application is the way non-married parents set a parenting plan. It is also used for married parents with children who live apart and for divorced parents who failed to address custody and visitation at the time of their divorce.
The Family Court must first determine that it has jurisdiction to hear the case. This usually means that the child must have lived in Connecticut for the last 6 months. If you do not meet this requirement you should consult with a family court lawyer to determine whether an exception applies.
Some of the issues to be addressed in the Custody Application include:
- Physical custody – where the child lives
- Legal custody – decision making
- Visitation – the non-custodial parent’s time with the child
- Child Support – contributing toward the child’s basic needs
At the first court appearance, the parents will meet with a Family Relations Counselor. This is a meeting to discuss these issues. If an agreement is reached, it will be presented to a judge. If there is no agreement, the case may be referred for a Family Relations Evaluation. It may be also be mediated either with Family Relations or through a private mediator.
When there is still a disagreement, the case will go to trial where a judge decides custody and visitation.
At trial, a judge will make decisions that will impact your life and child’s future. If your case is scheduled to trial, experienced legal representation is highly recommended. The issues are far too important and the stakes too high.
Connecticut Custody Application Representation
I represent clients in Connecticut Custody Application 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 a Connecticut Custody Application.
Connecticut Probate Court Appeals vary – the time to file an appeal depends on the type of case being appealed.
Time for Appeal to be Filed
A Probate Court appeal must be filed within 45 days if it concerns the following:
- Appointing a guardian or conservator for a veteran or beneficiary of veterans’ benefits;
- Compensation of a guardian or conservator of a social services beneficiary or veteran;
- Investment of funds in insurance and annuity contracts by a conservator or guardian of the estate of a ward, conserved person, or incapable person;
- Payment by a guardian or conservator of administrative expenses of a deceased protected person;
- Most provisions regarding conservators such as naming a conservator for future incapacity, applying for and release from voluntary representation, appointment of involuntary representation, appointing temporary conservators, duties of conservators, and terminating conservatorship;
- Appointing guardians of those with intellectual disabilities, their powers and duties;
- Sterilization; and
- A guardian’s or conservator’s petition on competency to vote.
For other Connecticut Probate Court Appeals, the appeal must be filed within 30 days of mailing the order, denial, or decree. The most common of these involve children such as guardianship and termination of parental rights.
Time for Appeal to be Heard
A hearing on an appeal in the following matters must begin within 90 days of its filing unless a “stay” of the Probate Court decision is issued:
- Commitment of a mentally ill child and status review of a voluntarily committed mentally ill child;
- Commitment of a person with psychiatric disabilities, their release or transfer; their medication, treatment, psychotherapy, or shock therapy; and medication of criminal defendants in Department of Mental Heath and Addiction Services’ (DMHAS) custody;
- Involuntary commitment for alcohol or drug dependency;
- Appointing a conservator, appointing a temporary conservator, and terminating conservatorship;
- Appointing a guardian, plenary guardian, limited guardian, temporary limited guardian for a mentally retarded person, and court review of guardians or limited guardians;
- Hearings on sterilization;
- A guardian’s or conservator’s petition on competency to vote; and
- Termination of parental rights.
Standard of Review When Proceedings are on the Record.
When the appeal is based on a hearing that was on the record, the Superior Court will affirm the Probate Court’s decision unless the substantial rights of the person appealing were prejudiced such as:
1. Violations of the state or federal constitution or state statutes;
2. The probate court’s authority was exceeded;
3. The decision was based on illegal procedures;
4. The decision was affected by legal errors;
5. The decision was clearly erroneous based on the reliable, probative, and substantial evidence on the whole record; or
6. The decision was arbitrary, capricious, an abuse of discretion, or a clearly unwarranted exercise of discretion.
It is important to know that the mere filing the appeal does not stay enforcement of a Probate Court decision. However, the appealing party may file a motion for a “stay” to suspend the ruling with the while the appeal is pending.
I represent clients in Probate Court 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 Connecticut Probate Court Appeals.
DCF relative placement changes are on the way. This is great news for families in Connecticut.
Relatives should always be given priority for placement when a child comes into DCF custody. Unfortunately, I find this process varies depending on the DCF Office involved. Now comes some new law that should help get children placed with family rather than end up in non-relative foster care.
Connecticut General Statutes Section 46b-129(b) has been amended to require that in all cases DCF shall investigate any relative proposed to serve as a licensed foster parent or temporary custodian for a child or youth prior to the preliminary OTC hearing and provide a preliminary report to the court as to the relative’s suitability and any potential barriers to licensing such relative as a foster parent or granting temporary custody of such child to the relative.
Essentially, this requires DCF to include in the preliminary report it submits to the Juvenile Court the any potential barriers to licensing a relative as a foster parent or granting him or her temporary custody of the child. Previously this was required only “where practicable.”
In addition, the new law requires DCF to report to the state legislature regarding its compliance with foster care licensing laws and regulations; methods of assessing needs of children in foster care and providing support for foster parents; safeguards that DCF uses when seeking to license a caregiver who has a history with DCF, a psychiatric illness or a criminal record; DCF’s process for reversing substantiations or registry findings for prospective foster care license holders; the results of DCF’s audits of licensure practices; the number of reports involving children in DCF licensed foster homes, the percentage of reports that were substantiated, and any resulting licensure actions; and information on the number and type of licensed foster home safety concerns the department identified through its assessment of its regulatory compliance system and any corresponding corrective actions it took.
A link to the new law appears below:
https://www.cga.ct.gov/2017/ACT/pa/2017PA-00092-R00SB-00895-PA.htm
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 DCF relative placement.