Tag: child support

Top 10 Songs About Divorce

This Week’s Blog by Eric J. Broder

In a recent “water-cooler” office conversation, my office was discussing a number of songs that have been written about divorce. After an entertaining discussion, and in no particular order, here are a few of the more well-known songs and key lyrics, which certainly warrant a listen if you are going through the process. Warning: if you watch some of these videos on YouTube, make sure you have tissues nearby.

“We Just Disagree” by Dave Mason

So let’s leave it alone, ‘cause we can’t see eye to eye

There ain’t no good guys, there ain’t no bad guys

There’s only you and me and we just disagree

“Divorce Separation Blues” by The Avett Brothers

I’ve got the tough education

No celebration

Bad communication

Worse interpretation

Love deprivation

Pain allocation

Soul devastation

Cold desolation

Life complication

Resuscitation

Divorce separation blues

“D-I-V-O-R-C-E” by Tammy Wynette

And he thinks C-U-S-T-O-D-Y spells fun or play

“Broken Home” by Papa Roach

Can’t seem to fight these feelings

Caught in the middle of this

My wounds are not healing

Stuck in between my parents

Broken home! Broken home!

“Stay Together For The Kids” by Blink 182

Their anger hurts my ears

Been running strong for seven years

Rather than fix the problems

They never solve them

It makes no sense at all

I see them everyday

We get along, so why can’t they

“The Winner Takes it All” by Abba

The judges will decide

The likes of me abide

Spectators of the show

Always staying low

“Highway 20 Ride” by the Zac Brown Band

A day might come and you’ll realize that if you could see through my eyes

There was no other way to work it out

And a part of you might hate me

But son please don’t mistake me for a man that didn’t care at all

“Broken Home” by Five Seconds of Summer

I’m here alone inside of this broken home

Who’s right, who’s wrong

Who really cares?

The fault, the blame, the pain’s still there

I’m here alone inside of this broken home, this broken home.

“Every Other Weekend” Reba McEntire

Let’s go see dad

Same time in the same spot

Corner of the same old parking lot

Half the hugs and kisses there are always sad

We trade a couple words and looks

And kids again

Every other weekend

“Doesn’t Anybody Stay together Anymore” by Phil Collins

Well one says white and the other one black

It’s the same old story…Doesn’t anybody stay together anymore?

The attorneys at Broder & Orland LLC are experienced in handling divorce issues with understanding and sensitivity. We strive to meet all of our client’s individual needs.

Broder & Orland LLC Assists its Divorce Clients in Navigating New Alimony Rules

The New York Times recently published an article on the new tax laws affecting those contemplating divorce:

Strip out the acrimony and emotion, and divorce can be boiled down to a business negotiation. Harsh as that may sound — there are often children stuck in the middle — when a couple gets down to completing their split, the numbers matter: assets, support, time allotted with children.

Divorce negotiations are never easy, and they became more complicated this year…

The attorneys at Broder & Orland LLC have years of experience in crafting separation agreements that take into account the tax advantages of alimony and unallocated support payments.

Read the full article here.

 

How are Social Security Benefits Treated in a Connecticut Divorce Case?

This Week’s Blog by Jaime S. Dursht

Social Security benefits are not considered a marital asset and are therefore not subject to division in a Connecticut marital dissolution action.

Are Social Security Benefits an Asset of the Marriage Subject to Division?

Future Social Security benefits are governed by federal law which specifically prohibits the transfer and/or assignability of the benefit. (Social Security Act, 42 U.S. Code § 407)  The United States Supreme Court has held that the right to receive Social Security benefits does not constitute property.  State courts hold that federal law preempts state property laws that would otherwise subject Social Security benefits to classification as marital property for division.  

Are Social Security Benefits Considered in Computing Alimony?

If Social Security benefits are in pay status and being received, then it is considered a current source of income and included in the determination of support payable under the alimony statute.

Can Social Security be Garnished to Pay Alimony and/or Child Support?

Yes.  In 1975, Congress carved out an exception for alimony and child support from the prohibition of subjecting Social Security benefit funds to execution, levy, attachment, garnishment, or other legal process.  In cases involving a judgment for unpaid alimony, the Social Security Act permits garnishment of benefits for the judgment as well as court costs and penalties. 

Does an Ex-Spouse Have a Right to Claim the Former Spouse’s Social Security Benefit?

Yes, if you meet the following criteria:

  • Age 62
  • Unmarried
  • Divorced from someone entitled to receive Social Security benefits
  • The marriage had been for at least 10 years

You are eligible to apply for benefits on your former spouse’s benefit even if he or she has not retired, and as long as you divorced at least two years before applying.  If you are entitled to your own Social Security benefits, your benefit amount must be less than you would receive based on your ex-spouse’s record, and you will be paid the higher of the two benefits, but not both.  Also, this would have no effect on the benefits your ex-spouse is eligible to receive.

Broder & Orland LLC, with offices in Westport and Greenwich, concentrates in family law and divorce.  Our attorneys are very experienced with the financial issues faced by individuals in a divorce, and understand the importance of accurately identifying assets and available sources of income in advising our clients about establishing a financial plan.

Imputing Income for Child Support Purposes

This Week’s Blog by Andy M. Eliot

How is Child Support Generally Determined in Connecticut?

In Connecticut, the amount of a non-custodial parent’s child support obligation to a custodial parent is directly tied to the respective incomes of both parents. Pursuant to the Connecticut Child Support Guidelines, parents’ respective incomes are plugged into a mathematical formula which yields a presumptively correct weekly child support obligation that one parent must pay to the other.

What Does Voluntary “Underemployment” Mean?

Voluntary underemployment occurs when a parent (whether it be the child support obligor or the parent receiving child support) voluntarily earns less income then he or she is capable of earning based upon his or her education, training and past earnings.  Consider, for example, a scenario in which a child support obligor voluntarily leaves a high-paying job on Wall Street shortly before a child support award will issue to pursue a far less lucrative career as a musician; this would be an example of “voluntary underemployment.”

Do Courts Have Any Means to Redress Voluntary Underemployment in Issuing Child Support Awards?

Yes.  In such circumstances, courts have the discretion to attribute or “impute” income to a parent (whether it be the parent paying child support, the parent receiving child support, or both) for purposes of determining child support obligations.  In other words, when plugging a parent’s income into the mathematical child support formula set forth in the Connecticut Child Support Guidelines, courts may utilize an income figure that reflects the amount of income that a parent could potentially be earning (commonly referred to as “earning capacity”), rather than the amount the parent is actually earning at the time.

How do Courts Determine what Amount of Income to Impute to a Party?

In determining a party’s earning capacity for purposes of imputing income to that party, there is not a precise methodology that Courts employ.  Rather, in any given case, the determining Court will examine the unique set of facts in that particular matter in order to make a determination.  However, factors that Courts typically would consider in this context would include the relevant party’s historical earnings, employment history, vocational skills, employability, age and health.

Are Experts Ever Used to Determine Earning Capacity?

Yes.  In cases where earning capacity is an issue, it is common for either or both parties to hire vocational experts for the purpose of proving (or disproving) the other parent’s earning capacity. A vocational expert will generally testify about what a person with similar experience and expertise should make.

Cases involving earning capacity claims are complex and, in order to be handled properly, require a great deal of attention and expertise.  At Broder & Orland LLC, we have extensive experience handling matters where earning capacity is at issue and have a well-established track record of achieving favorable results for our clients in such matters.

What is an Educational Support Order?

This Week’s Blog by Nicole M. DiGiose

Does the Court have the Authority to Order a Party to Contribute to a Child’s College Expenses? 

Yes.  Pursuant to General Statutes Section 46b-56c(a), the Court has jurisdiction to enter an order requiring one or both parents to provide support for a child to attend an institution of higher education or a private occupational school for the purpose of attaining a bachelor’s or other undergraduate degree, or other appropriate vocational instruction for a total of four full academic years.  

Are there any Prerequisites for the Court to Enter an Educational Support Order?

Yes.  The Court may not enter an educational support order unless the Court finds, as a matter of fact, that it is more likely than not that the parents would have provided support for a child’s higher education or private occupational school, had the family remained intact.  

What does the Court Consider in Determining Whether to Enter an Educational Support Order?

Pursuant to General Statutes Section 46b-56c(c), in determining whether to enter an educational support order, the Court shall consider all relevant circumstances, including: (1) the parents’ income, assets and other obligations, including obligations to other dependents; (2) the child’s need for support to attend an institution of higher education or private occupational school considering the child’s assets and the child’s ability to earn income; (3) the availability of financial aid from other sources, including grants and loans; (4) the reasonableness of the higher education to be funded considering the child’s academic record and the financial resources available; (5) the child’s preparation for, aptitude for and commitment to higher education; and (6) evidence, if any, of the institution of higher education or private occupational school the child would attend. 

What Expenses Qualify as “Educational Expenses?”

An educational support order may include support for any necessary educational expenses, including room, board, dues, tuition, fees, registration and application costs, books, and medical insurance.  

What is the Maximum Amount of an Educational Support Order?

An educational support order may not exceed the amount charged by the University of Connecticut for a full-time, in-state student at the time the child matriculates.  The “UConn cap” applies to the entire educational support order for both parents.

Could Parties Agree to Alternate Arrangements regarding Educational Support Orders?

Yes.  The “UConn cap” may be exceeded by the parties by agreement.

When can the Court enter an Educational Support Order?

The Court may enter an educational support order at the time of a decree of dissolution, legal separation, or annulment.  The Court may reserve jurisdiction to enter an educational support order at a later date.  This is usually done in cases of young children.  If the Court does not reserve jurisdiction to enter an educational support order at a later date, then no educational support order may be entered thereafter.  If the Court does reserve jurisdiction, a party may petition the Court to enter an educational support order at a later date.  

When do Educational Support Orders Terminate? 

An educational support order must terminate no later than a child’s attaining age twenty-three.

Could an Educational Support Order be entered for a Child’s Graduate School Expenses?

No, the Court does not have jurisdiction to enter an educational support order for a child’s graduate or postgraduate education beyond a bachelor’s degree.  However, parties may agree to be responsible for and share these expenses.

At Broder & Orland LLC we have extensive experience in addressing disputes related to a child’s post-secondary educational support throughout Fairfield County and Connecticut, whether the issue arises incident to a dissolution of marriage action or post-judgment.

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.

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.

What is Legal Separation in Connecticut?

This Week’s blog by Lauren M. Healy

What is Legal Separation? 

Legal Separation is a lawsuit that is commenced by one spouse against the other, resulting in an enforceable court order that resolves issues such as custody, division of assets and liabilities and the payment of alimony and/or child support. Married couples who are separating and want to have a formal agreement on important issues have the option of filing for either Divorce or Legal Separation.

Is Legal Separation the same thing as Divorce?

No. Although Legal Separation and Divorce have many similarities, they are two different legal actions. The major difference between Divorce and Legal Separation is that when a Divorce is completed, the parties are free to remarry. When parties are legally separated, they are still legally married and unable to remarry.

Can you turn a Legal Separation into a Divorce? 

Yes. There are two ways to turn a Legal Separation into a Divorce. One option is to convert the action (from Legal Separation to Divorce) while the lawsuit is still pending. This requires filing a simple Motion with the Court, requesting that the action be converted before any orders are final.

It is also possible to wait until after the Legal Separation is finalized to convert the Legal Separation into a Divorce judgment. There is no time limit on requesting a divorce after Legal Separation. Sometimes parties live legally separated for years before getting divorced.

Why file for Legal Separation instead of Divorce?

The decision of whether to file for Legal Separation or Divorce is very personal. In some cases, for religious or other reasons, Divorce is not a suitable option. If a couple wants to live separate and apart physically or financially, without the finality of a Divorce, Legal Separation could be a better choice. Legal Separation can also be used as a stepping stone to Divorce. Since it is so easy to convert to a Divorce, sometimes the party commencing the action chooses to start with the softer concept of Legal Separation.

Also, a couple may choose to pursue Legal Separation if they prefer to be separated but can maintain or acquire benefits by remaining legally married, such as health insurance or social security benefits.

What are the Grounds for Legal Separation in Connecticut? 

In Connecticut, you need a reason, or grounds, to be legally separated. The grounds for Legal Separation are the same as for Divorce. Since Connecticut is a “no fault” state, it is not necessary for either party has to prove that the other caused the marriage to end. Instead, the parties can simply represent that the marriage has broken down irretrievably, with no hope of reconciliation.

Do I need a Lawyer for a Legal Separation?

Just as in a Divorce, parties are not required to have legal representation to obtain a Legal Separation. However, since major parenting and financial issues are negotiated and decided, including custody, assets, liabilities and support, it is advisable to obtain legal counsel in order to fully understand your rights and obligations pursuant to Connecticut law.

At Broder & Orland LLC we apply our experience and knowledge of the law to the specific circumstances of each case, in order to help our clients decide the best course of action when considering a Divorce or Legal Separation.

What Do I Need to Know about Connecticut Prenuptial Agreements?

This Week’s Blog by Sarah E. Murray

How Do I know if a Prenuptial Agreement is Right for Me?

In general terms, a Prenuptial Agreement is a contract that two people sign prior to getting married.  Prenuptial Agreements can be appropriate in a variety of situations, including second marriages, marriages in which one or both parties wants to protect his or her premarital assets, marriages in which a party has an interest (or will acquire an interest during the marriage) in a closely held business, including a family business, and marriages in which one or both parties anticipates receiving a substantial inheritance during the marriage.

What Topics Are Addressed in a Connecticut Prenuptial Agreement?

A Prenuptial Agreement can be used to address each party’s rights and obligations with respect to property held by the other, whether acquired before or during the marriage, and each party’s rights to buy, sell, transfer, mortgage, encumber, dispose of, or otherwise control and manage property during the marriage.  Prenuptial Agreements address the disposition of property upon separation, divorce, and/or death and can be used either to establish the terms for or to eliminate spousal support in the event of a divorce.

Are There Other Topics Included in Connecticut Prenuptial Agreements? 

Parties can use a Prenuptial Agreement to provide for the ownership of life insurance policies, how the proceeds from life insurance policies will be disposed of upon a party’s death, and the rights of each party to the other party’s retirement plan.  Prenuptial Agreements will also state what state law will apply in enforcing or interpreting the agreement.

Are There Topics that Cannot be Addressed in a Connecticut Prenuptial Agreement?

Under Connecticut law, the right of a child to support cannot be adversely affected by a Prenuptial Agreement.  Additionally, any custody or visitation arrangements contracted to in a Prenuptial Agreement are subject to review and change by a Court at the time of a divorce.  In other words, while a couple can set forth child support and child custody terms in a Prenuptial Agreement, there is no guarantee that those terms would be upheld by a Court in the event of a divorce.

When is a Connecticut Prenuptial Agreement Enforced?  

In some divorce cases, the parties agree at the time of the divorce to abide by the terms of the Prenuptial Agreement.  In those relatively simple cases, the divorce judgment will incorporate the provisions of the Prenuptial Agreement and the parties can agree upon or have the Court decide any issues not set forth in their Prenuptial Agreement.

If the parties are unable to agree as to whether the Prenuptial Agreement will govern the terms of their divorce, the question of whether a Prenuptial Agreement is enforceable is decided during the divorce case, either as a preliminary matter or at the end of the case.

At Broder & Orland LLC, we frequently consult with clients who have questions about whether a Prenuptial Agreement would be right for them and we have significant experience representing clients who want to best protect themselves in the drafting and negotiation of a Prenuptial Agreement.

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.