What can be done when a court order is not obeyed? For example, what can be done after a divorce judgment when an alimony or child support order has not been paid in a timely fashion or not paid at all? How about when there are unreimbursed medical expenses owed or court ordered visitation has been withheld?
The most common enforcement mechanism in Connecticut is a motion for contempt.
While some variation in wording exists, a contempt motion essentially requires a judge to find that the Respondent (the individual cited for contempt) had 1) notice of 2) a valid court order and 3) the order has been disobeyed.
Once these elements have been established, the Respondent has the opportunity to present defenses as to why he or she should not be held in contempt. In theory, there are a number of defenses available to a Respondent but, in practice, there are only two which are used with any regularity.
1) Inability to comply with the order. If a Respondent can satisfy a judge that the noncompliance was not willful this will avoid a contempt finding. For example, a recent job loss, a lack of other financial resources and efforts to borrow the money are often strong arguments against a contempt finding of a financial order. However, the judge will typically inquire as to whether the job loss was truly involuntary and what, if any, efforts have been to made to gain employment since.
2) Uncertainty as to the terms of the order. If the terms of the order are ambiguous a Respondent may persuade a judge that the noncompliance was not willful. A “good faith” argument that there was legitimate misunderstanding may therefore avoid a contempt finding. On the other hand, if the divorce terms are reasonably clear or if the terms are subject to a reasonable interpretation, you may catch the judge’s ire by making an argument where no bona fide dispute exists.
Possible penalties for being found in contempt include payment of the moving party’s legal fees and, in the case of repeated or blatant noncompliance, incarceration.
I represent clients involved in contempt proceedings 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 today to schedule your consultation.
Every year, the state of Connecticut and other northern states undergo numerous effects of winter weather, like icy, frozen roads. And, when springtime comes, Mother Nature reveals the havoc that the winter has caused, forcing states to roll out construction projects to fix the roadways torn up by the cold climate. Adding to the inconvenience of lane closures and traffic jams comes the safety hazards of driving in these work zones.
Drivers who follow a few helpful tips when traversing these construction zones can help mitigate the chances of getting into a car accident.
1. Read traffic signs. Drivers are bombarded with signs before, during and after they enter a construction zone; and understandably so. Due to the unsafe nature of many work zones, motorists should pay close attention to all signs that warn them about change in road conditions, detours and unexpected hazards.
2. Use headlights. Motorists who use their headlights, whether night or day, visibly stand out better to other drivers.
3. Buckle your seatbelt. Motorists should always wear their seatbelts, regardless of where they drive. However, additional hazards are usually present in work zones, so it’s essential to buckle up in these areas.
4. Slow down. Drivers should always reduce their speeds in construction zones. The influx of construction crews and different or transitioning road surfaces make driving fast dangerous.
5. Stay in your lane. Many construction zones bring congested traffic with fewer lanes and merging traffic. Reduce the urge to switch lanes or pass. This can cause unexpected collisions.
6. Do not use a cell phone. Studies continue to show that using a mobile device while driving increases the chances that drivers will be involved in car accidents. This risk is only amplified in work zones. Drivers are encouraged to wait until passing construction areas to pull over and use their cell phones.
In 2009, there were almost 700 auto accident fatalities that occurred in construction zones.
Source: http://ridgefield.patch.com/articles/avoid-motor-vehicle-accidents-while-driving-in-work-zones
There are thirteen Juvenile Courts throughout Connecticut. There is also a Child Protection Session located in Middletown which hears cases which the local courts cannot accommodate. Juvenile Court cases are confidential and the proceedings are closed to the public. Recently, however, there has been a movement to allow the public access under certain conditions.
The Juvenile Courts decide the following types of cases which involve the care and custody of a minor child under the age of 18:
Child Protection. These are cases filed by the Department of Children and Families (DCF) alleging that a child is abused, neglected or uncared for. If the allegations are serious enough DCF may also file a Termination of Parental Rights petition.
Reinstatement of guardianship. If a parent lost guardianship of a child to grandparent, relative or other third party pursuant to an order from a juvenile court the parent may file a petition to have their guardianship rights reinstated.
Emancipation. These are cases filed by a child who is over age 16 but under age 18 requesting that they be declared an adult.
Juvenile Courts also hear cases involving the behavior of a child under the age of 16. These cases handled by a juvenile prosecutor and are of two types:
Family With Service Needs (FWSN). The petitioner in this type of case is usually a parent or guardian alleging that a child is beyond their control. A school can also file a FWSN if a child is truant. These offenses are considered “status offenses” since the offense involves illegal behavior by a child under 16 although the same behavior would not be illegal if committed by an adult.
Delinquency. These are cases which involve the arrest of a child. If the case is considered a serious juvenile offense the case may be transferred to the adult criminal court.
If you created a living will and a health care directive, chances are your spouse was designated as the person authorized to make end of life and other important medical decisions for you.
Do you still want him or her to make those types of decisions. Maybe not.
Did you create a power of attorney allowing your spouse to sign documents on your behalf? Perhaps this document should be revoked.
Now once a divorce is filed, orders automatically take effect preventing spouses from changing beneficiaries. However, after your divorce is over, don’t forget about those beneficiary designations. Is your former spouse still named as the beneficiary on your life insurance, 401K, IRA or pension?
The judge may have ordered you to maintain a certain minimum amount of life insurance to secure an alimony award. But after the minimum requirements are satisfied make sure to change the beneficiaries on other policies.
If the Family Court ordered a division of retirement accounts, then you should change beneficiaries once the retirement account is divided via a QDRO.
Divorce and Estate Planning in Connecticut
I have vast experience preparing Living Wills. I represent clients in estate planning matters though 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 concerning the preparation of Estate Planning documents in Connecticut.
I came across an article in Time, which highlighted five important tax points for individuals who are divorcing or have divorced. A quick summary:
1. One’s filing status ( i.e. married or single) is dictated by your marital status on December 31 regardless of the date you were divorced or married during the calendar year.
2. Assets transferred as part of a divorce are not considered income and therefore no income tax is due on these distributions. However, there are potential capital gains taxes on the transfer of the marital residence.
3. The parent awarded custody through a court order claims the child(ren) as dependents on his or her tax return.
4. Alimony is tax deductible to the former spouse paying the support. But watch out. If the spouses live together after the divorce (yes this happens!), any alimony payments made during that time cannot be deducted.
5. Unlike alimony, child support is tax neutral. Paying or receiving child support has no effect on one’s taxes. It may make sense to determine if an unallocated order (consolidating child support and alimony into one order) has tax benefits under the circumstances of your case.
Read the article here: http://www.time.com/time/business/article/0,8599,2063467,00.html
A Post-nuptial Agreement in Connecticut is signed after a couple marries. The Agreement can address the same issues which a Pre-nuptial Agreement would. For example, alimony, property distribution and other financial considerations upon a divorce can be set forth in a Post-nuptial Agreement.
Post-nuptial agreements are legally permissible in Connecticut. Courts have held that these Agreements are consistent with public policy of mature adults managing their financial affairs. Furthermore, these Agreements alleviate uncertainty about legal rights and obligations if the marriage ends in divorce.
However, Post-nuptial Agreements are subject to higher level of scrutiny by a court than a Pre-nuptial Agreement since a spouse who wants to preserve a marriage is in a fundamentally different position than a fiancee who still has the option not to marry.
A court will determine whether a Post-nuptial Agreement is valid and if so whether the Agreement should be enforced. In making this determination Courts will examine the Agreement at two points: at the time of the execution (signing) and at the time of enforcement (divorce).
In deciding whether the Agreement is valid a court will consider whether the Agreement was entered into voluntarily without any undue influence, duress, fraud or coercion. There must be also be fair and full financial disclosure within a reasonable time before signing the Agreement.
A court will also consider whether enforcing the Agreement would be “unconscionable.” Or put another way – will enforcing the Agreement at the time of the divorce amount to an injustice? A major consideration in this analysis is a dramatic change in the economic circumstances of the spouses from the time of execution to the time enforcement.
Post-nuptial Agreements can be a useful tool to avoid extensive and costly divorce litigation. However, the ultimate validity and enforcement of the Agreement will depend on whether formalities were observed as well the circumstances of a particular case.
I represent clients in divorce and Family Court 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 Post-nuptial Agreements in Connecticut.