Tag: Alimony

What Should I Expect at my Initial Divorce Consultation in Connecticut?

This Week’s Blog by Sarah E. Murray

What is the Purpose of the Initial Divorce Consultation?

After having made the difficult decision to contact an attorney regarding divorce and after making an appointment to meet with him or her, it is natural to feel apprehensive or to be unsure of what to expect at that initial meeting.  Most Fairfield County divorce clients have many questions about the divorce process, possible outcomes, and how Connecticut law applies to his or her case.  Those are all appropriate issues to be discussed in an initial consultation.  One of the primary purposes of the initial divorce consultation, in addition to information gathering, is for the potential client and the potential lawyer to meet in order to determine whether both the client and the lawyer are comfortable working together.  As a client, it is important to feel that you can trust your divorce attorney and that there is good communication between you and your divorce attorney.  The initial consultation is a good opportunity for both the lawyer and client to assess whether they can have a good working relationship during a sometimes difficult process.  

What Do I Need to Bring with Me to My First Meeting with a Potential Divorce Lawyer?

Among other things, it is important for a divorce attorney to have as much information as possible so that he or she can accurately evaluate the case and give the appropriate advice.  Of course, if you were the person served with divorce papers, you should bring those papers to the initial consult so that the attorney can review them and explain them to you.  At the first meeting with a divorce lawyer, however, it is not required that you bring any other documents with you.  The divorce attorney will listen to you and ask questions in order to gain a better understanding of the basic facts of the case.  There will be plenty of time after the initial consultation for you to provide relevant documentation to your lawyer.  While you do not need to bring documents with you to the initial consult, there are some documents that you can bring to make the meeting more productive.  For example, if there is a Prenuptial or Postnuptial Agreement in your case, you should bring a copy of that to the meeting.  Most top Fairfield County divorce attorneys will even ask to see the document in advance of the meeting so that he or she can review it beforehand.  Some people also like to bring relevant financial documentation to the meeting, such as tax returns and bank and brokerage accounts, so that specific financial questions they have can be addressed.

Is What I Discuss at My Initial Divorce Consultation Confidential?

The short answer to this question is: yes.  The information you provide to a potential divorce lawyer, even if you do not hire that person, is kept confidential.  Keep in mind, however, the caveat discussed below.

Should I Bring My Friend (or Family Member) to the Initial Consultation Meeting?

It is normal for people to want emotional support at an initial divorce consultation.  If a third party is present in a meeting between a potential client and a lawyer, that presence can jeopardize the confidentiality of the meeting, as confidentiality and attorney-client privilege typically only extend to the potential client.  If you deem it critical to bring a friend or family member with you to the initial consultation, you can discuss how to handle it with the potential divorce lawyer with whom you are meeting.  You and the divorce attorney may decide to have the friend or family member wait in the reception area during all or part of the meeting in order to protect the information discussed.

What are the General Topics Discussed during the Initial Consult?

In general terms, the best initial consultations cover the following topics, as applicable to the facts of your case: the divorce process in Connecticut, custody of minor children and parenting plans, discovery of relevant information during the divorce, division of assets and liabilities, and alimony and child support.  Top Fairfield County attorneys will also discuss with you strategy concerns and any other issues that may be particular to your case.  In order for the divorce lawyer to give you good advice, he or she will ask many questions, ranging from basic to very personal.  The more information you provide, the more you and a potential divorce attorney can begin crafting a timeline and strategy for your case.

What Questions Should I Ask at the Initial Divorce Consultation?

There is no question too insignificant for an initial divorce consult.  A good divorce attorney will want you to feel comfortable that your questions have been answered and will welcome any and all questions that you have.  There is very little that experienced divorce attorneys have not heard or been asked; so, do not be shy about sharing information or asking questions.  Beyond the typical questions about the divorce process, how long divorces in Connecticut typically last, and what to expect with respect to parenting and finances, you should also ask questions about the financial relationship between you and the potential lawyer.  You will want to know the attorney’s hourly rate, requested retainer or other fee arrangements, and how frequently you will receive invoices reflecting time spent on your case.    

At Broder & Orland LLC, we pride ourselves on our informative initial consultations, which typically initiate an effective attorney-client relationship that lasts throughout the case.  We strive to advise potential clients in a forthright manner so that they feel comfortable about what to expect from the divorce process in Connecticut and so that they understand their options moving forward.

Should I Hire a Private Investigator for my Connecticut Divorce?

This Week’s Blog by Jaime S. Dursht

Private investigation of issues in a high conflict divorce can be extremely helpful and an efficient method of fact gathering prior to and during a divorce, as well as post-dissolution.

How Can I Locate Hidden Assets?

A private investigator may uncover jointly held assets that were wrongfully transferred into solely held accounts, which is prohibited in Connecticut upon initiation of a divorce action.  It is not uncommon for a spouse to suspect that funds are being diverted into undisclosed assets. An investigator can help with finding them and your attorney may in turn seek a court order to restore the funds or account for them at the conclusion of the divorce.

How do I Track Improper Transfers?

An experienced private investigator may be able to search databases and records to identify wrongful financial conduct.  In a Connecticut divorce, expenditures made by a spouse for a purpose outside of the marriage (such as gambling or an affair) can often be quantified and may in some cases constitute what is called a dissipation claim for the other spouse to receive a credit when assets are divided.  Having a trained professional obtain this information rather than doing it yourself may be critical to the process of presenting evidence later to ensure admissibility because wrongfully obtained information may be ruled inadmissible in court proceedings. 

How do I Catch my Cheating Spouse?

A picture is worth a thousand words.  In some cases, a picture or video surveillance of a spouse’s conduct can be used in a variety of ways, not just proof of infidelity.  For example, to show the spouse who is claiming inability to be gainfully employed pictured on the golf course or at the casino on a week day.  Sometimes the situation is reversed, and a spouse wants to know whether s/he is being tracked, surveilled or hacked by the other.  A private investigator can conduct a sweep of the residence, vehicle, phone and computer to find out.

How can I Prove Cohabitation?

A former spouse paying alimony finds out that the recipient spouse is in a relationship and needs to know whether it is to the level warranting a reduction or termination of alimony payments under the cohabitation statute.  Cohabitation requires proof of living together and a measurable economic benefit to the alimony recipient.  “Living together” does not necessarily mean residing together under the same roof at a single address.  A court can find that spending several nights a week together satisfies the requirement, depending on the situation.  Surveillance is one of the best ways to demonstrate the actual time spent together.

How do I Prove a Parent is Unfit?

In a custody action, one parent may want to show that the other parent is not appropriately parenting, for example, driving the children in a vehicle without car seats/restraints, or driving them while under the influence.  Perhaps surveillance would show that the parent on duty left small children unattended at a park or other public place or perhaps show permissive behavior such as allowing teens to drink alcohol or smoke marijuana.

Another reality for divorcing parents includes the introduction by a spouse of his/her romantic partner to the children.  Sometimes a good way to alleviate some anxiety in this situation is to have a private investigator run a background check on the romantic partner.

Whatever the situation, the attorneys at Broder & Orland LLC with offices in Westport and Greenwich, have significant experience involving private investigators in developing the right legal strategy to optimize the desired result whether financial or custodial.

Common Law Marriage and Cohabitation Agreements in Connecticut

This Week’s Blog by Andy M. Eliot

Is Common Law Marriage Recognized in Connecticut?

No.  It is a common misconception that if unmarried couples reside together for a long enough period of time in Connecticut, a “Common Law” marriage is created, from which certain legal rights (such as alimony or property distribution rights) arise.  In fact, Common Law marriage is not recognized in Connecticut and, accordingly, no legal rights or consequences are accorded to unmarried couples who may reside together in a long-term romantic relationship.

Are there any Exceptions to the General Rule that Common Law Marriage is not Recognized in Connecticut?

There is one narrow exception to this general rule.  Generally, the validity of a marriage in Connecticut is determined by the law of the state in which the relationship was created.  Accordingly, if a couple established a Common Law marriage in a state that recognizes such relationships, the Common Law marriage that was established in the other state will be recognized in Connecticut.  The law of the state in which the common law marriage was claimed to have been contracted will determine the existence and validity of such a relationship.

May Unmarried Couples Enter into Binding Legal Agreements from Which Financial Rights and Obligations Arise?

Yes.  It is not uncommon for couples who are involved in a committed relationship, but who do not wish or intend to marry, to desire that certain financial rights and obligations that might otherwise only arise by way of marriage apply to them.  While cohabitation alone does not create any contractual relationship between cohabitating parties, or impose other legal duties upon such parties, in such scenarios the parties may enter into a written agreement, commonly referred to as a “Cohabitation Agreement.”

What is a Cohabitation Agreement?

A Cohabitation Agreement is a contract between unmarried cohabitants which allows the parties to contract to certain financial rights and obligations arising from their relationship, notwithstanding their intention to remain unmarried.  The state of Connecticut recognizes the legal validity of such agreements.  Typically, such agreements address rights and obligations pertaining to financial support (akin to alimony), or distribution of property in the event the relationship ends.

Are Cohabitation Agreements Enforceable in the same Manner as Divorce Agreements?

NoAlthough Cohabitation Agreements are recognized in Connecticut, financial disputes between unmarried cohabitants emanating from such agreements must be resolved by means outside the statutory scheme for dissolution of marriage.  Specifically, this means that Cohabitation Agreements must be considered under general contract principles.

At Broder & Orland LLC, we have experience drafting and negotiating Cohabitation Agreements for clients throughout Fairfield County and Connecticut.

Grounds for Divorce in Connecticut

This Week’s Blog by Christopher J. DeMattie

What are the Grounds for Divorce in Connecticut?

To commence a divorce action in Connecticut, the Plaintiff must plead a statutory approved ground for seeking the divorce.  You cannot simply plead: “I do not want to be married.”  If a Court finds sufficient evidence to support a finding that the ground occurred, it has jurisdiction to grant the divorce.  Pursuant to Connecticut General Statutes § 46b-40(c), the only permissible grounds are as follows:

  1. The marriage has broken down irretrievably;
  2. The parties have lived apart by reason of incompatibility for a continuous period of at least the eighteen months immediately prior to the service of the complaint and that there is no reasonable prospect that they will be reconciled;
  3. For purposes of this statute, “adultery” means voluntary sexual intercourse between a married person and a person other than such person’s spouse;
  4. Fraudulent contract;
  5. Willful desertion for one year with total neglect of duty;
  6. Seven years’ absence, during all of which period the absent party has not been heard from;
  7. Habitual intemperance;
  8. Intolerable cruelty;
  9. Sentence to imprisonment for life or the commission of any infamous crime involving a violation of conjugal duty and punishable by imprisonment for a period in excess of one year; and
  10. Legal confinement in a hospital or hospitals or other similar institution or institutions, because of mental illness, for at least an accumulated period totaling five years within the period of six years next preceding the date of the complaint.

Can I Plead More than One Ground in a Divorce? 

Yes, you can plead more than one ground in a divorce.  However, except for rare circumstances, a party almost always solely pleads “the marriage has broken down irretrievably.”  This is because it requires minimal proof, i.e. one question “Has your marriage broken down irretrievably?”, whereas the other grounds may require substantial discovery, opposition, time, and resources to ultimately arrive at the same result, which is the granting of a divorce.

Is Connecticut a Fault Divorce State? 

No, Connecticut is a “no fault” divorce state.   In 1973 the Connecticut Legislature passed Public Act 73-373 which amended Connecticut General Statutes (“C.G.S.”) §46-32 (now known as §46b-40) to permit a divorce upon a finding that the marriage has broken down irretrievably.  Commonly, this is known as the “no-fault” divorce statute.  In Joy v. Joy, 178 Conn. 254, 256, (1979) the Connecticut Supreme Court held that the statute was constitutional.

Can Infidelity Affect Alimony?

Yes, the cause of the breakdown of the marriage can affect alimony and property orders.  Thus, even though a Court is not required to determine if a party was a fault for the marriage ending, the Court may consider the causes of the breakdown of the marriage when making financial orders.  Courts have found substance abuse, physical abuse, dissipation of assets in contemplation of divorce, and/or infidelity to be the cause of the breakdown of the marriage and have financially compensated the spouse who did not cause the breakdown of the marriage.  Conversely, Courts have found a spouse caused the breakdown of the marriage but did not financially compensate the other spouse.  This discrepancy is due to the Court having wide discretion when applying the numerous statutory criteria to the unique facts and circumstances of each case.

Broder & Orland LLC, with offices in Westport and Greenwich, concentrates specifically in the areas of family law, matrimonial law, and divorce. As experienced divorce trial lawyers we understand how to effectively present “cause of the breakdown” issues to the Court, as well as how to “value” your case for settlement purposes.

 

How is Life Insurance Treated in a Connecticut Divorce Case?

This Week’s Blog by Sarah E. Murray

Can I Obtain Information Regarding My Spouse’s Life Insurance Coverage during a Connecticut Divorce?

As part of the discovery (i.e., information gathering) phase of any Connecticut divorce case, it is critical that both sides disclose to one another information regarding any life insurance policies in place at the time, including life insurance policies provided through employment and life insurance policies held in a life insurance trust.  Each party has an obligation to disclose any life insurance policies on his or her life on a Financial Affidavit.  Even if a life insurance policy is held in a life insurance trust, it should still be disclosed on a Financial Affidavit, though not all parties do so.  It is common practice for Fairfield County divorce attorneys to request copies of life insurance policies and life insurance trusts as part of their formal discovery requests in order to obtain necessary information about insurance coverage.

Can I Change the Beneficiary of My Life Insurance Policies during a Connecticut Divorce?

In Connecticut, changing the beneficiary of life insurance policies while the divorce action is pending is a violation of the Automatic Orders.  If a divorce attorney discovers that the opposing party has changed the beneficiary of his or her life insurance policy during the pendency of the case from his or her spouse to someone else, or has let the policies lapse by failing to pay the premiums, he or she can file a motion in order to request remedies from the Court.

Is Life Insurance an Asset that a Court Can Divide? 

Generally speaking, life insurance policies are not assets divisible by a Connecticut Court.  The cash value of any whole life insurance policies, however, is an asset that can be divided in a divorce case.  Typically, the spouse who owns the whole life policy will keep the policy and the other spouse will receive an asset equivalent to his or her one-half share of the cash value.  

Will Life Insurance Be Included in the Final Orders in My Connecticut Divorce?

Under Connecticut law, particularly General Statutes Section 46b-82, Courts can order that life insurance be maintained as security for a party’s alimony, child support, and/or college obligations.

Can I Use My Life Insurance Trust to Satisfy My Life Insurance Obligation?

It is common in Fairfield County for divorce clients to have life insurance trusts that own their life insurance policies.  In cases where there is a life insurance trust, the divorce attorneys must obtain a copy of the trust in order to review the terms.  Some life insurance trusts exclude the other spouse as a beneficiary upon the filing of a divorce action and others exclude an ex-spouse.  Many times experienced divorce attorneys will work with the parties’ estate planning attorneys in order to determine the terms of the trust.

What if I Cannot Afford Life Insurance?   

General Statutes Section 46b-82 provides that a party may not be ordered to maintain life insurance after the divorce if he or she can prove by a preponderance of the evidence that he or she is uninsurable or cannot pay the cost of the life insurance premiums.  If a party has health issues or has other reasons, including age, for not being able to afford life insurance, he or she can request that life insurance not be ordered, or that it a reduced amount of coverage be ordered.

Is My Life Insurance Obligation Modifiable?

Unless there is an Order precluding a party from modifying his or her life insurance obligation, most life insurance Orders in Connecticut are modifiable by law if a party can prove a substantial change in circumstances.

At Broder & Orland LLC, we have experience in dealing with life insurance coverage issues, and can work with clients to ensure they are best protected, whether during or after a divorce.

Common Questions about Alimony in Connecticut

This Week’s Blog by Eric J. Broder

Is Alimony Mandatory in Connecticut?

There is no requirement that alimony must be awarded in Connecticut divorce cases. In determining whether or not to award alimony, the court will look at a variety of factors, including, but not limited to, the parties’ ages, income, earning capacities, station in life, the length of the marriage, estate, and individual needs. The court does not need to weigh each of these factors equally.

How Long Will a Spouse Have to Pay Alimony?

In Connecticut, there is no “formula” for determining the length of alimony in a divorce case. The court will consider some of the factors enumerated above with, in my opinion, a focus on the length of the marriage, the ages of the parties, and their incomes and/or earning capacities. Generally speaking, the longer the marriage is, the longer the term of alimony will be.

Is Alimony Calculated From Gross Income?

Prior to January 1, 2019, divorce judges considered the parties’ gross incomes to determine the appropriate amount of alimony. Effective January 1, 2019, under the new tax laws, the court will now look at the parties’ net after tax incomes to determine the appropriate amount of alimony.

Is an Alimony Order Modifiable?

After a divorce, alimony in Connecticut is modifiable upon the showing of a substantial change in circumstances. For example, if one party’s income has decreased dramatically, he or she can seek to reduce their alimony obligation. There are a number of other circumstances which may warrant a modification as well.

Does Alimony End on Cohabitation in Connecticut?

Alimony does not automatically terminate when the receiving spouse cohabitates with someone. A number of factors will be considered to determine if the alimony should be terminated or possibly reduced. These factors include, but are not limited to, the type of relationship and the financial assistance the ex-spouse is receiving from the person they are living with.

At Broder & Orland LLC, we concentrate our practice exclusively on family law. In doing so, we understand the financial constraints that a pending divorce can pose on both parties, and the importance of establishing both an equitable amount and duration of alimony. We are adept at advising our clients on the strategies and the multitude of factors considered by a Court in establishing an alimony award.

The Evolution of Cohabitation

This Week’s Blog by Jaime S. Dursht

Although the term “cohabitation” is not statutorily defined or even mentioned in the statute itself, it is a well-known concept in Connecticut Family Law referring to grounds to have alimony payments reduced, suspended or terminated following divorce.

  • Connecticut General Statutes § 46b-86(b) authorizes the court to reduce, suspend or terminate alimony payments based on proof that 1) the alimony recipient is living with another person; and that 2) the living arrangement has caused an alteration of the alimony recipient’s financial needs.
  • “Living with another person” does not necessarily mean residing together under the same roof—it can still be found where the alimony recipient and significant other have separate residences.
  • The “alteration” of financial needs must be quantified, however, the amount does not have to be significant, and according to recent case law, can also be shown by cost savings that result from the living arrangement.
  • The evidentiary burden of proof for modification is lower for cohabitation claims requiring only a “change in circumstances” rather than the “substantial change in circumstances” that is required based on other grounds for modification under General Statutes § 46b-86(a).

The Rationale Behind the Statute

The statute was enacted “to correct the injustice of making a party pay alimony when his or her ex-spouse is living with a person of the opposite sex, without marrying, to prevent the loss of support.”  (H.B. No. 6174, 1977 Sess. Statement of Purpose).  The statute was clearly meant to address the situation of alimony recipients taking steps to avoid the loss of spousal support.  Consistent with this principle, in cases where the initial component of living together is disputed, Connecticut courts will look beyond whether the alimony recipient and significant other maintain separate residences and consider facts that support whether the relationship is marriage-like.

“Living With Another Person”

In many cohabitation cases, there is a concession of living together, and the focus shifts to whether the living arrangement so affects the financial circumstances of the alimony recipient as to justify a modification of alimony.  However, in cases where living together is challenged, the fact that separate residences are maintained will not necessarily stave off a finding of cohabitation.  For example, in Boreen v. Boreen, Superior Court, Judicial District of Stamford, Docket No. FA084015215S (October 31, 2017; Shay, J.), cohabitation was found where a couple resided together under the same roof 50% of the time, ate many of their meals together and frequently traveled together even though both maintained separate housing. The court noted that “the statute does not specify that the parties must live together under the same roof twenty-four hours a day, seven days a week for the court to make a finding that they are living with another person.”  The court found cohabitation based on the couple’s long-time, committed and monogamous relationship that came with a financial benefit for the alimony recipient.

Financial Benefit

The statute requires not only a finding of living with another, but that the living arrangement alters the financial needs of the alimony recipient.  This must be shown in dollar amounts, but does not have to be significant in order to be sufficient.  For example, courts have deemed the evidence sufficient where a party was receiving $100 a week from a cohabitant, D’Ascanio v. D’Ascanio, 237 Conn. 481 (1996); where a party received $400 a month for rent from a cohabitant, Duhl v. Duhl, 7 Conn.App. 92 (1986); and where a party received $30 a week from a cohabitant who also performed handyman chores, Lupien v. Lupien, 192 Conn. 443 (1984).  Recently, the Connecticut Appellate Court reversed a trial court for not considering a party’s savings in rent that resulted from the alimony recipient moving in with her boyfriend.  Murphy v. Murphy, 181 Conn.App. 716 (2018).

Change in Circumstances

Once it is shown that an alimony recipient is living with another person within the meaning of the statute, and that there is a measurable financial benefit to the alimony recipient, the threshold change in circumstances is met and the court then engages in the analysis of consideration of the General Statutes § 46b-82 factors.  The required change in circumstances is lower pursuant to General Statutes § 46b-86(b) than the “substantial” change in circumstances required pursuant to General Statutes § 46b-86(a).

In 2013, General Statutes § 46b-86(b) was amended to include the language, “In the event that a final judgment incorporates a provision of an agreement in which the parties agree to circumstances, other than as provided in this subsection, under which alimony will be modified, including suspension, reduction, or termination of alimony, the court shall enforce the provision of such agreement and enter orders in accordance therewith.”  This means that parties may negotiate and agree to their own terms of what constitutes cohabitation and the court will enforce their agreement.  Therefore, carefully considered drafting of the Separation Agreement is critical, and knowledge of the foregoing essential if cohabitation is a future possibility for either party.

With offices in Westport and Greenwich, the attorneys at Broder & Orland LLC are extremely knowledgeable in the issues that arise following divorce such as alimony modification based on cohabitation, as well as how to avoid potential issues by careful and comprehensive drafting of Separation Agreements.

How Does My Motion Get Heard by a Judge?

This Week’s Blog by Christopher J. DeMattie

  • The short calendar is a date when motions are scheduled to be heard.
  • Non-emergency motions get filed with the clerk and then scheduled on the short calendar.
  • Once a motion is scheduled on the short calendar, you have to mark it ready in order to proceed.

What Types of Motions Get Scheduled on the Short Calendar?

Any non-emergency motion gets scheduled for at least the first time on the short calendar.  Emergency, or ex-parte motions, are temporarily decided on the papers without a hearing, and then get scheduled for a hearing within fourteen days of the temporary orders being entered.  Examples of non-emergency motions are as follows: alimony, child support, discovery, modification, contempt, compel, custody, and parenting time.  At the Stamford Courthouse, the short calendar occurs on Mondays and at the Bridgeport Courthouse, the short calendar occurs on Thursdays.  The exception is if a court holiday falls on the short calendar date. Other courts throughout the state have different short calendar dates.

What is a Ready Marking?

After a motion is filed with the clerk, or e-filed in cases filed after October 2015, the motion gets published to the short calendar.  Currently, at the Stamford Courthouse it typically takes approximately four weeks from a time a motion is filed until the short calendar date is assigned.  The typical time at the Bridgeport Courthouse is approximately two weeks.  Just because a motion is published on the short calendar, it is not automatically heard on the short calendar date.  To proceed on the short calendar date, the motion must be marked ready.  To mark a motion ready, you must call the clerk or do so electronically.  Once a motion is marked ready, the other party must be notified.  The marking period is typically the week before the short calendar date.  If the motion is not marked ready, then it cannot be heard at the short calendar.  To have a motion heard that is not marked ready, it must be reclaimed and it is then published to a subsequent short calendar and then marked ready.  Typically, a motion cannot be reclaimed more than three months after it was filed.

What Happens at the Short Calendar?

On the short calendar date the motions are assigned to a specific judge and all parties must report to that Judge’s courtroom.  There, the Judge will typically proceed with a calendar call in which every case is briefly addressed to determine what business, if any, will be addressed that day.  For example the attorneys could report any one of the following to the Judge: the motions will be continued by agreement, the motions will be marked off, an agreement was reached, the parties should proceed to family relations for mediation, or short legal argument is required.  Prior to having an evidentiary hearing, the parties and counsel must first try to resolve factual issue(s) at family relations.  If family relations is unsuccessful, then the motion is eligible for a hearing.  If a motion will take less than hour and if the court has time, it will be heard that day.  If the motion will take longer than an hour, the matter will typically not be heard that date and will be scheduled for a date certain in the future, which unfortunately is often many months in the future.

Broder & Orland LLC, with offices in Westport and Greenwich, CT, concentrates specifically in the areas of family law, matrimonial law, and divorce. We are typically present at each short calendar and our vast experience with the short calendar procedures enables us to efficiently navigate our clients through the process in order to get their motion(s) heard as quickly as possible under the circumstances.

 

Does Cheating Affect Child Support and Child Custody? Eric J. Broder Quoted in Romper, April 2018

 

Read both articles now:

Does Cheating Affect Child Support? Here’s When the Unfaithful Party May Have to Fork Over More

Does Cheating Affect Child Custody Arrangements? Here’s When Infidelity is Taken Into Consideration

The Connecticut Divorce and Children With Special Needs

This Week’s Blog by Eric J. Broder

  • In Connecticut, the divorce rate is higher for marriages involving children with special needs
  • Custody and Parenting Plans in a case where families have children with special needs often differ from more “typical” divorce cases
  • Alimony, Child Support, and Equitable Distribution of Assets need to be analyzed differently when you have children with special needs

There is a wide body of research confirming that parents of children with special needs have a higher divorce rate than those without special needs children.  As Connecticut divorce lawyers with offices in Greenwich and Westport, our firm has represented many parents of children with special needs.

As I have learned through my discussions with many parents of special needs children and with child therapists, one reason for the increased divorce rate among this group is that raising a special needs child often places many difficult and unforeseen challenges and stresses upon a family. Often there is very little, if any, “down time” for parents of special needs children, and little time to devote to each other, such as having a simple date night.

When a family with a special needs child goes through a divorce, the issues of child custody, visitation/parenting plans, alimony, child support, and the equitable distribution of assets can become more difficult to negotiate, and often require a greater deal of attention and analysis in order to ensure that the child’s needs are adequately addressed.

Custody in Cases Involving Children with Special Needs

In the case of a child with special needs, the hope is that the parents can share joint legal custody of the child, meaning that the parents consult with each other with respect to all major issues concerning the child (such as medical, educational, and religious issues), so that all major decisions are made jointly.  When parents share joint legal custody of a child, each parent has an equal voice and neither parent has greater decision-making authority than the other parent.  In the event the parties cannot agree upon joint custody and one or both parties is seeking “sole custody” of a child (wherein one parent has the right to make final decisions regarding a child in the event the parties cannot agree upon an issue), the process becomes much more difficult, time consuming, and expensive.  In such scenarios, a Guardian Ad Litem will often be appointed, the costs of which will paid for by the parties.  That individual will spend a great deal of time talking not only to the parents and the child, but also to any mental health professionals, teachers, caregivers, friends, and family that know the child and/or the parents well, or provide professional services to the child. Simply, your child’s entire community can become involved in the case.

Parenting Plans for Children with Special Needs

Connecticut divorce parenting plans for children with special needs often require approaches that differ from traditional parenting plans and in such scenarios there is not really a “typical” plan.  In order to devise a plan that adequately addresses a child’s special needs, it is strongly recommended that parents work together with the child’s medical provider and/or mental health professional.  For example, transitions between houses are often an issue that must be appropriately addressed.

Is Alimony different in Cases Involving Children with Special Needs?

The amount and term of alimony can differ in cases involving a child with special needs if the child’s needs require one of the parents to stay home to provide extra care. Accordingly, this parent will not be able to work or develop a career as easily as others. In these circumstances, a solution may be a longer alimony term for the recipient.

Is Child Support different in Cases Involving Children with Special Needs?

The Connecticut Child Support Guidelines do not specifically address or have any separate designation for children with special needs. However, there can be a deviation from the standard child support amount based upon consideration of a child’s special needs. Typically, child support ends at the later of a child reaching the age of 18 or graduating from high school but not later than the age of 19. In the case of a child with special needs, however, child support may be extended until age 21.  In addition to regular child support, any and all unreimbursed medical expenses (including appropriate child care expenses) will be apportioned between the parents subject to their financial situations.  Furthermore, depending on the severity of a child’s special needs, there may be other entitlements available to the child such as social security disability.

Equitable Distribution of Assets

In dividing assets, parties who have the financial ability to set aside funds for the care of a special needs child will often do so through a special needs trust. It is also strongly recommended that a Trust and Estates lawyer be involved to help the parties plan properly for the future care of their child.

With offices located in Greenwich and Westport, the attorneys at Broder & Orland LLC have extensive experience in negotiating and drafting divorce agreements involving children with special needs and we offer comprehensive guidance through the wide range of issues that arise during a divorce.