Most people realize that divorce courts decide issues of custody, award support and distribute property. But an often overlooked aspect of a divorce is the assignment of debt and liabilities. And credit card debt in a Connecticut divorce often gets overlooked the most.
Unlike community property states, Connecticut divorce courts apply the concept of equitable distribution. This does not mean equal. Equitable means fair as decided under the circumstances of the case.
Credit card debt is one of the debts/liabilities that a court can assign to one spouse or the other.
As a general rule, spouses will be liable for those credit cards which are solely in his/her name.
The more difficult issue is the assignment of liability for joint credit card debt.
Judges will consider the following:
The amount of the debt;
When the debt was incurred;
For whose benefit the debt was incurred; and
Which spouse is in a better position to pay the debt. This factor is not limited to the income of the spouses but also takes into account the resources of the spouses as part of the distribution of property and support orders. Judges are careful not to undermine other monetary orders when assigning debt.
A few notes:
Credit card companies will likely pursue both spouses for payment of the debt notwithstanding that a judge ordered one spouse to pay. If the spouse fails to pay a Motion for Contempt must be filed.
Some spouses are not aware of what credit cards exist. Therefore, if you are contemplating a divorce (or going through one) order your credit reports.
Keep in mind the distinction between co-signers (both liable) and an authorized card holder who assumes no liability for the debt.
Finally, if possible, leave the marriage debt free. In the event a former spouse fails to honor the court order to pay a debt the judge cannot fix your credit. Use marital assets (i.e. sale of a home) to pay off debt and give yourself a fresh start.
Contact me by email or call me in Fairfield at (203) 259-5251 or in Stamford at (203) 356-1475 if you have questions about divorce in Connecticut.
School is now in full swing and, as a parent recently divorced or considering divorce, you have begun to understand the impact that school has on child custody. This is especially true if you and the other parent live in different cities, states or even countries.
In Connecticut and states around the country, a child custody agreement must take into consideration the best interests of the child. In fact, a child’s best interests are the guiding force of any Connecticut child custody order. As the state Supreme Court wrote in In re Appeal of Kindis (1972), “We have consistently held in matters involving child custody that while the rights, wishes and desires of the parents must be considered, it is nevertheless the ultimate welfare of the child which must control the decision of the court.”
A child’s education can play a role in determining his or her best interests. Under Connecticut’s child custody laws, courts may consider certain factors that affect education, including the developmental needs of the child, the child’s adjustment to his or her school environment, and the length of time the child has lived in a stable environment (including schooling).
Considering Various Child Custody Options
Many parents must plan child custody around the school year. Shared custody and visitation arrangements may include the following scenarios, among others:
- The child stays with one parent during summer vacation and school breaks while staying with the other parent during the school year.
- One parent acts as the residential parent while the other parent takes care of the child on alternate weekends and perhaps an evening or two a week.
- The child stays with each parent every other week (if both parents live in the same area).
Some questions to ask when deciding on child custody or creating a parenting plan include: Who has usually taken the child to school? Who has primarily helped the child with homework? How will both parents contribute to the child’s schooling? What social activities does the child have that should be accommodated?
Determining child custody means making many important decisions and can seem overwhelming. Whether you are going through a divorce or need to modify child custody to fit your child’s school schedule, an experienced Connecticut child custody attorney can help you determine appropriate child custody and visitation arrangements; arrangements that take your interests into account – and your child’s.
Source: Massachusetts AFCC, “Planning for Shared Parenting: A Guide for Parents Living Apart.”
What is shared custody and how does it affect child support in Connecticut?
A parenting plan may call for the parents to share custody of a child. In such an arrangement, the child essentially has two homes with toys, clothes and other possessions in the homes of both parents. Shared custody does not always result in a strict 50/50 schedule. However, the parenting schedule sets forth substantial time for the child with each parent in the home of that parent.
Shared custody and its effect on child support is often misunderstood. A parent “fighting” for shared custody is often disappointed to learn that shared custody does not automatically result in a waiver of child support. In other words, even if a parent is awarded shared custody they may still have a child support obligation.
Part of the misunderstanding probably lies in the wording of the Worksheet for Child Support Guidelines. The Worksheet simply states, “shared custody”, as a criterion to deviate from the Guidelines. Parents likely rely on this without further inquiry.
I have also heard parents make the argument they need not pay child support because the child is “with me just as much – its common sense.” Courts are not easily persuaded by this argument.
So, when will shared custody affect child support?
The most recent Child Support Guidelines require the parent with the higher income to pay child support to the parent with the lower income. Often, the parent with the higher income then often argues “deviation criteria” and that strict application of the Guidelines is unfair based on the parenting schedule and incomes.
It is a very fact dependent analysis.
Connecticut Shared Custody Attorney
I represent clients in Connecticut Family Court and Divorce proceedings 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.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 if you have questions about shared custody and child support in Connecticut.
DCF must inform parents of their legal rights at the beginning of the DCF Investigation.
In the past, an Investigator would sometimes present parents under Investigation with a two page document called a “Parent’s Right to Know Pamphlet.” The pamphlet was 2 pages of questions and answers concerning basic answers to questions surrounding the State’s involvement. The Social Worker would often give the Pamphlet to parents at the end of the initial visit after parents had already made damaging statements, signed releases or otherwise already has their rights infringed upon. I am also aware of cases in which the Investigator didn’t provide the Pamphlet at all and still other cases where DCF engaged in completely inappropriate and threatening investigatory techniques.
This law is designed to ensure that parents know their rights at the onset of the Investigation; not after it’s too late.
Parents must be informed of the following:
- The parent is not required to permit DCF into their residence without a warrant;
- The parent is not required to speak with DCF;
- The parent is entitled to have an attorney present when the parent is questioned:
- Any statements made by the parent may used against the parent;
- The Social Worker cannot provide legal advice;
- The parent is not required to sign any document presented by the Investigator. This will hopefully negate a classic technique whereby they coerce a parent into signing releases or Service Agreements under the threat of removing the child unless the parent signs the presented document(s).
- Advise parents that they should communicate with the Social Worker or immediately seek the advice of a qualified attorney.
These requirements will hopefully maintain the integrity of the Investigation by balancing the rights of parents to raise their children free from state intrusion while allowing the State to safeguard children who legitimately need their protection.
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.
Automatic Orders in a Connecticut divorce are essentially restraining orders, which take effect at the beginning of a divorce case. The Orders are designed to maintain the “status quo” so that one spouse does not take advantage of the other spouse. The Orders attempt to make the early stages of a divorce more efficient and cost effective since it typically eliminates the need to file motions and appear in court for routine issues.
Examples of the Automatic Orders include preventing the children from being moved out of state, selling or disposing of any assets, and changing beneficiaries of any insurance policy.
An often over-looked aspect of these Orders is the provision that if the parents of minor children live apart during this proceeding, they shall assist their children in having contact with both parties, which is consistent with the habits of the family, personally, by telephone, and in writing.
The Automatic Orders start for the Plaintiff when the divorce complaint is signed. For the defendant, the Orders start once he/she is served with the divorce complaint.
A few points on Automatic Orders:
A judge has the authority to modify the Automatic Orders upon a motion filed by either party. In addition, for certain Orders the parties can agree on their own to modify them, in writing.
The Orders do not apply if there is a prior contradictory Court order (e.g. a Criminal Protective Order).
Failure to obey the Automatic Orders may result in a Contempt finding.
I represent clients in Connecticut Family Court and Divorce proceedings 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.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 if you have questions about Connecticut Notice of Automatic Orders.
Effective August 15, 2011, Connecticut Practice Book Section 25-2A requires:
If a party to a divorce wishes to enforce a premarital or postnuptial they must disclose the existence of the agreement within 60 days of the return date of the divorce complaint and demand its enforcement.
If a party to a divorce seeks to avoid a premarital or postnuptial agreement, they must file a reply specifically setting forth the grounds as to why the agreement should not be enforced.
The rule is designed to facilitate the orderly processing of divorce complaints involving pre and post nups and to avoid last minute claims of enforcement or avoidance.