Posts tagged with "family 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.

My Child Has Been Moved Out-of-State and May Be Suffering from Abuse, What Should I Do?

If you believe that your child is the victim of abuse you should contact the Department of Children and Families (DCF) and the authorities immediately to report the abuse.  If your child is no longer living in Connecticut DCF may not be able to assist because they are a Connecticut resource.  It would be beneficial to contact a similar resource in whatever state your child is currently residing in.

Further, if your child has been moved out of Connecticut, their residency has been affected.  Jurisdiction will depend on where your child is currently residing.  Regardless of where your child has been relocated to, your divorce decree will still be valid in Connecticut and should be recognized in every state.  You may need to register your Connecticut divorce decree in the new state as an out-of-state judgment in order to have it enforced.

This is a complex issue as you are now possibly dealing with court systems in two different states.  A family attorney will be able to educate you on your rights and options in this situation.  If you have any questions related to family law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

How Do I Get Child Support from Someone Who Is a Subcontractor?

Obtaining child support may be a complicated task if you do not know the name of the company employing the person you are seeking child support from.  If the court has not ordered support, you may go to court and obtain an order.  Once you have obtained a court order, if the subcontractor still has not paid support you may file a petition to show cause.  This will hold the subcontractor accountable to the court.

 

This may be overwhelming without the assistance of an attorney.  If you have any questions related to family law or obtaining child support in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.