Posts tagged with "Divorce law"

Can I Stipulate in My Divorce for There to Be No Unmarried Cohabitation While Our Child Is Present in Connecticut?

You may include a morality clause in your divorce decree if you so choose.  The court is generally most concern with the best interests of the child involved in the divorce.  For this reason, a court is only likely to agree to such a clause if it is shown to be in the best interests of the child.  As my colleagues have stated, the issue may become whether the clause is enforceable once it has been violated.  Again, this will depend on what is in the best interest of the child.  If a court finds this request unreasonable and to have no impact on the child it will likely be unenforceable.

If you have any questions regarding divorce in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

If A Court Order of Visitation Stipulates for Joint Custody, Can One Party Not Allow the Child to Visit the Other in Connecticut?

No, one party cannot withhold visitation of a child from another party.  If there is a court order stipulating a visitation plan, you are entitled to its enforcement regardless of the feelings of your child or ex.  Even if your child decides they no longer want to have visitation, you are still entitled to visitation and may wish to consult with the court to enforce this right.  An experienced family law attorney is likely to have handled similar issues and will be experienced to educate you on the best way to proceed to enforce your rights as a parent.

If you have any questions regarding family law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

My Wife Moved out and Wants a Divorce. Can She Leave and Take Everything?

You may be able to address the issue of assets and debts in court, if your wife has moved out and took all of your marital possessions with her.  When you formally file for divorce, it is the court’s job to assign assets and debts.  It is unlikely that a court would find you entitled to spousal support, but this depends on certain facts of the case.  Among the considerations of a court are what the assets are, what money each party had before the marriage, what each party earns.  It would be beneficial to sit down with an experienced divorce attorney to sort out the facts of the case and to receive adequate advice on how to proceed.

If you have any questions regarding divorce in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com

Should I File For Bankruptcy in Connecticut if I Also Have an Ongoing Divorce in Connecticut?

If you have an ongoing divorce action in a state, you are better off filing for bankruptcy in that same state.  You cannot file for divorce in a state unless you have resided in the state for a certain period of time.  The same applies when filing for bankruptcy.  In Connecticut, you may not be eligible for file for bankruptcy unless you have lived in the state for over 90 days.  It would be best to consult with an experienced attorney who has dealt with these issues in the past.  An experienced attorney can consider the specific facts of your case and educate you on the best course of action to take.

If you have any further questions regarding divorce or bankruptcy law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Can I Get Part of the House in the Divorce if It Was Purchased by My Husband and His Ex-Wife in Connecticut?

The house you are currently living in would most likely not be considered part of the marital estate.  The home was purchased by your husband and his ex-wife therefore the home is part of their marital estate.  As stated, you may have an interest in the home if you and your husband expended a lot of mutual funds for the home’s improvement, or if your marriage has no other assets.  It may be wise to consult a divorce attorney to educate you on all of your options and the best way to proceed.

If you have any questions regarding divorce in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Is Everything That Happens in Front of a Judge on the Record in Connecticut?

All court proceedings in front of a judge are recorded by a court reporter.  If you are in need of a copy of the record from the day you were in court, you have the option to contact the court reporter to get a copy of the transcript.  You can do so by contacting the court with your docket number, the date of your appearance, and the name of the judge.  If you are having custody issues, they may not be resolved simply by obtaining a copy of your court transcript.  It may be wise to consult with an experienced family law attorney who can educate you on all of your options and tell you the best way to proceed for the benefit of you and your child.

If you have any questions regarding family law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

What Should I Do if My Ex Is Not Paying Alimony on Time, or At All? Is this Considered Contempt of Court in Connecticut?

Generally, in Connecticut, a person will not be found in contempt of court for missing one payment of alimony.  In order for a court to find contempt, they must find that a person has the ability and means to comply with a court order but willfully is refusing to comply.  You may file a motion for contempt for this issue if you choose, but it would be best to sit down with an experienced divorce attorney to educate you on the correct best legal path to take.

If you have any further questions regarding divorce law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Am I Still Required to Pay Alimony if My Ex-Wife Has Remarried or Cohabitated with Someone?

Your obligation to pay alimony to your ex-wife does not simply terminate if she chooses to cohabitate with someone.  Alimony will however terminate once your ex-wife remarries.  If you have stopped paying alimony under her cohabitation, it is likely that a court will require you to pay your ex-wife the alimony owed to her during her time of cohabitation.  In this situation, it is very important to seek an experienced divorce attorney who can represent you and counsel you through this alimony issue.

If you have any questions regarding divorce in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Over 200 Massachusetts Children Abused While in State Custody

State officials found evidence supporting 249 allegations of physical and sexual abuse or poor care involving children in state-monitored settings last year.

The numbers were included in the Office of the Child Advocate’s 2013 report obtained by the Boston Herald (http://bit.ly/18XtUup ).

Thirty percent of the allegations were in foster care; 29 percent were in treatment programs; 19 percent in day cares; 18 percent from schools; and 4 percent from “others.”

State child welfare officials say the total number of abuse and neglect reports in out-of-home settings has remained steady in recent years.

But Sara Bartosz, an attorney for the advocacy group Children’s Rights, points out that the number of children in foster care is down.

A Department of Children and Families spokeswoman says the state works hard to protect all children.

From Boston Herald.

Court Rules that Father’s Child Support Obligation Did Not Automatically End Upon Child’s Eighteenth Birthday

A recent decision rendered in the Superior Court for the Judicial District of Hartford illustrates the consequences of failing to file a motion to modify child support in a timely manner.  In this particular case, the parties obtained a divorce in 1994.  At that time, they agreed that the husband would pay child support for their minor child.  Several years later, the parties stipulated to an increase in the husband’s obligation.  However, none of the agreements contained language specifying when the husband’s child support obligation would end.

Although the child turned eighteen in 2011, the husband continued to pay support for close to another year.  When he finally sought a modification, he requested reimbursement for overpayments dating back to the child’s eighteenth birthday, claiming that the court’s order was self-executing, or, in other words, terminated automatically.

In denying the husband’s request for reimbursement, the Court noted that under C.G.S.A. 46b-84, a parent is obligated to provide support until a child reaches the age of eighteen, or if the child is still in high school and in need of maintenance, until the child graduates or reaches the age of nineteen, whichever occurs first.  Thus, pursuant to the parties’ agreement which was silent as to termination, the husband’s support obligation could have continued well beyond the child’s eighteenth birthday.  Because the parties’ agreement contained no language calling for an automatic termination, the court found that the provision was not self-executing.  Moreover, a child support award may not be modified retroactively prior to the date of service of the motion.  Thus, although the court terminated the husband’s child support obligation, it only ordered the wife to reimburse him for the amount he paid after she received his motion.

By: Michael D. DeMeola, Esq.

Should you have questions regarding child support, or divorce matters in general, please feel free to contact Attorney Joseph C. Maya  He can be reached in the firm’s Westport office at (203) 221-3100 or by email at JMaya@mayalaw.com.

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Our firm in Westport serves clients with divorce, matrimonial, and family law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton.

If you have any questions or would like to speak to an attorney about a divorce or familial matter, please don’t hesitate to call our office at (203) 221-3100 for a free consultation. Divorce is difficult, education is power. Call today.