Tag: Child Support Guidelines

What is an Uncontested Hearing?

This Week’s Blog by Nicole M. DiGiose.

What is an Uncontested Hearing?

 An Uncontested Hearing is the final step in the divorce process, after which the marriage of the parties is dissolved. An Uncontested Hearing occurs only after the parties have reached an agreement on all outstanding issues and memorialized that agreement into a written Separation Agreement and Parenting Plan (if applicable). Generally, both parties will be required to appear in Court on that date. The actual Uncontested Hearing only takes about 15 – 20 minutes.

What Documents need to be Prepared/Submitted before an Uncontested Hearing?

 Prior to an Uncontested Hearing, the parties are required to electronically submit or “e-file” certain documents and forms. In every case, their Separation Agreement and Financial Affidavits must be e-filed. If there are minor children the following documents must be e-filed: the parties’ Parenting Plan, Child Support Guidelines, and an Affidavit Concerning Children. If there is an award of alimony or child support, an Advisement of Rights re: Income Withholding must be e-filed. Finally, if the parties have elected to waive the twenty-day appeal period, a Stipulation to that effect is typically e-filed as well.

Do I have to take the Witness Stand?

 If you are the Plaintiff, yes. You will be called to the witness stand, sworn under oath, and asked certain questions by your attorney and potentially the other attorney or the judge. The Defendant is typically asked fewer questions under oath, and usually remains at counsel table.

 What Questions will I be Asked?

 Both parties will be asked about the agreement: whether they read it, signed it, understand it, believe it to be fair and equitable under the circumstances, believe it to be in the best interests of the minor children (if applicable), signed it of their own free will absent coercion or duress, and would like it to be entered as a Court order? If either or both parties have agreed to waive alimony, he, she, or they will be asked if they understand that if alimony is waived, they cannot later make a claim for alimony. The Plaintiff will be asked basic background questions: when and where the parties were married, the names and birth dates of the minor children (if applicable), whether or not either party or any minor child is receiving state aid, and if the marriage of the parties has broken down irretrievably with no hope of reconciliation? The Plaintiff will then be asked about the salient points of the parties’ agreement. This exercise will generally not be repeated with the Defendant. Instead, he or she will be asked if he or she agrees with the Plaintiff’s responses.

 What Happens After the Canvas?

 After both parties have been canvassed, the Court will make certain findings: that it has jurisdiction, when and where the parties were married, the names and birth dates of the minor children (if applicable), the presumptive amount of child support pursuant to the Child Support Guidelines and whether or not the application of the Guidelines is appropriate under the circumstances (if applicable), that the Parenting Plan is in the best interests of the minor children (if applicable), and that the parties’ agreement is fair and equitable. After it has made its findings, the Court will order the marriage of the parties dissolved and the maiden or prior name of the wife restored if she so desires.

 Is my Divorce Final that Day?

Yes, provided the parties have agreed to waive the twenty-day appeal period.

Can I have my Maiden Name Restored?

 Yes. As part of an Uncontested Hearing, you may request that the Court restore your maiden or prior name. While the restoration of that name is a valid Court Order, there is still follow-up work to be done such as going to the DMV or Social Security Office.

 Are there any Final Documents that I need?

Yes. You should keep copies of all of the Uncontested Documents in a safe place. It is also advisable to obtain Certified Copies of your Judgment File and Certificate of Dissolution of Marriage. You may need these documents to prove that you are divorced or to complete the process of restoring your prior name. At Broder & Orland LLC, we will prepare and send to you a packet of all Uncontested Documents.

At Broder & Orland LLC, we have extensive experience in settling cases and attending Uncontested Hearings throughout Connecticut, including Stamford, Bridgeport, Danbury, and New Haven. Uncontested Hearings may seem intimidating, but our skilled and compassionate attorneys will ensure that you are adequately prepared to bring your case to a conclusion.

 

Common Myths With Respect to Child Support In Connecticut

This Week’s Blog by Sarah E. Murray

  • Myth #1: There is no child support awarded in cases where parenting time is shared equally or nearly equally
  • Myth #2: Child support is meant to cover all of the costs of raising a child
  • Myth #3: Child support is paid until the children turn 21

Child Support is Sometimes Awarded in Cases Where There is Shared Custody

Clients in Greenwich and Stamford hear several myths and misconceptions about child support in Connecticut, which is determined in accordance with the Connecticut Child Support Guidelines.  At Broder & Orland LLC, one of our roles is to educate our clients about Connecticut law on child support so that they can make informed decisions when negotiating or litigating their cases.

Many clients are under the impression that a shared parenting plan, in which the parties share physical custody of the children, means that no child support will be paid from one party to the other.  Some divorce litigants in Fairfield County actually try to negotiate a shared parenting schedule because they think that it will exempt them from having to pay child support to the other party.  They can even go so far as to insist on an exact fifty-fifty parenting schedule for this reason.

Under the Connecticut Child Support Guidelines, shared physical custody is defined as “a situation in which the physical residence of the child is shared in a manner that ensures the child has substantially equal time and contact with both parents.”  In other words, the parenting time with the child or children does not have to be exactly equal for it to be considered shared physical custody under the Child Support Guidelines.  This is a common misconception that divorce clients have.  If a party has six out of fourteen overnights, that schedule would be considered shared physical custody.

In situations where there is shared physical custody, the Child Support Guidelines provide that child support should be paid by the party with the higher net weekly income to the party with the lower net weekly income in the amount set forth in the guidelines.

Parties can deviate from the Child Support Guidelines in shared physical custody cases, meaning that they can choose not to have the party who earns more pay child support to the other party, or they can choose to have that party pay a lesser amount of child support than prescribed by the guidelines.  Connecticut law supports such a deviation where: 1) the shared physical custody arrangement substantially reduces expenses for the parent with the lower income; or 2) the shared physical custody arrangement substantially increases expenses for the parent with the higher income; and, if one of the two former conditions is met, 3) sufficient funds are available for the parent with the lower income to meet the needs of the child.  Parties can also deviate in a shared physical custody case where their incomes are substantially equal.

Unless parties deviate from the Child Support Guidelines, as described above, a shared physical custody arrangement does not exempt the party who earns more from paying child support.

I Pay Child Support. Why Do I Have to Pay for Anything Else for My Child?

This is a question that we hear often at Broder & Orland LLC.  Child support is meant to be a contribution toward the basic household expenses incident to raising a child, such as food, clothing, and the child’s share of shelter expenses.  Connecticut’s Child Support Guidelines set forth the formula for determining the amount of child support to be paid in a given case based on the parties’ combined net weekly incomes.  The Child Support Guidelines are uniformly applicable throughout the state; there are no “Fairfield County” guidelines that take into account the fact that the cost of living in Fairfield County is much higher than it is in other parts of the state.

Child support does not include, however, all expenses incident to raising a child.  For example, extracurricular activities, work-related childcare, and unreimbursed medical expenses are not covered by the child support paid from one parent to another. Typically, the payment of these expenses is allocated between the parties pursuant to a settlement or final divorce judgment in a case.

Child Support in Connecticut Does Not Extend Until the Child Turns 21

Fairfield County divorce clients who work in New York are often surprised to learn that child support does not extend until a child’s twenty-first birthday because, in New York, that is the law.  In Connecticut, child support ends upon a child attaining the age of eighteen, but if the child is still in high school upon attaining the age of eighteen, child support ends when the child graduates high school or turns nineteen, whichever event happens first.  For parents who expect that their children will live primarily with them during school breaks and summers home from college, this can be disappointing news, as that parent will shoulder more of the financial burden related to the children during those years.  Sometimes, we factor this in as part of alimony negotiations in order to assist the parent who will be housing and feeding a college-age child the majority of the time.

Contact a Top Fairfield County Divorce Attorney to Discuss Connecticut Child Support Law

At Broder & Orland LLC, we can discuss with you how the law regarding child support applies to the particular facts of your case.