Needle | Cuda: Divorce & Family Law

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Connecticut Family Courts can appoint two types of representatives to protect the legal and/or best interests of minor children in Connecticut Custody Disputes: An Attorney for a Minor Child (also known as an “AMC”); A Guardian Ad Litem (also known as a “GAL”). AMCs and GALs do not represent either “parental” party. In highly contested custody cases, it is not uncommon for either an AMC or GAL to be appointed by the court. AMCs and GALs charge for their time and it is the parties’ (parents’) responsibility to pay for their fees. Generally speaking, AMCs are appointed to represent older children as their legal representative before the court, whereas GALs are appointed to represent the best interests of younger children.

An Attorney for the Minor Child (AMC) is a court appointed individual, by either the successful motion of a party or when the family court determines an AMC is necessary to advocate for a child’s legal interests (i.e. file motions and argue motions on behalf of the minor child) AND the best interests of a child. The court considers appointment of an AMC when parties are unable to resolve a parenting or child related dispute. AMC’s represent the child’s legal interests AND support the child’s best interests; While GAL’s represents ONLY the child’s best interests (i.e. do not file motions or argue motions on behalf of the child before the court);

No, there is no clear formula or explicit statutory guidelines for calculating alimony in Connecticut, unlike the state guidelines that exist for child support. The most important thing to understand about alimony in Connecticut is that family court judges have broad discretion in determining how much alimony will be paid, how it will be paid, and on what schedule. Learn more on our website or by speaking to a divorce attorney over the phone today!

When determining whether alimony should be awarded and the amount and duration of the award, the court must consider all the evidence presented and a specified list of factors. The factors the court considers when awarding alimony are: 1. The length of the marriage; 2. The cause for the annulment, dissolution, or legal separation; 3. The parties’ age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate, and needs; 4. Any property division ordered by the court; 5. Each spouse’s need for support; and 6. In the case of minor children, the desirability and feasibility of the custodial parent securing employment (CGS § 46b-82(a)). The court must specify the basis for any order of alimony that only terminates upon the death of either party or the remarriage of the alimony recipient.

When determining whether alimony should be awarded and the amount and duration of the award, the court must consider all the evidence presented and a specified list of factors. The factors the court considers when awarding alimony are: The length of the marriage, the cause for the annulment, dissolution, or legal separation, the parties’ age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate, and needs, any property division ordered by the court, and more. Visit our website to learn more.

Alimony, also referred to as spousal support or maintenance, is money paid by one spouse to the other after they legally separate or divorce, and includes money that may be paid by one spouse to the other during the pendency of the divorce action. Alimony is based on a spouse’s continuing duty to support the other after divorce or separation.

Yes, a custody order may be modified upon a finding of a “material change in circumstances,” while a parenting plan may be modified upon a finding that the current plan is no longer in the best interests of the child or children. To learn more, visit our website.

Under Connecticut Law, there is no fixed age at which a family court judge must consider a child’s preferences with respect to where they live or with whom they live (a.k.a. physical custody). The law simply says that a child must be “of sufficient age” for their opinions to be considered. This “sufficient age” is typically around 12 or 13 years old, but depends on the maturity of the child. Courts generally disregard the opinions and preferences of children under 5 years old. Learn more on our website.

Physical custody refers to where a child will primarily live and which parent will care for them on a daily basis. Joint or shared physical custody is most common in which the child or children may spend time living with both parents, but on terms and/or a schedule that is not always equally divided. Legal custody refers to a parent’s decision making authority/rights with respect to their child. These “major” decisions typically revolve around education, healthcare, religion, and general upbringing. Some examples of decisions a parent with legal custody will be able to make the decision if they want their child to attend public or private school; if they want their child to be vaccinated; or, if they want their child to be involved in a religious group, etc.

Child custody is a legal term that signifies the rights that each parent or one parent may have in regards to the guardianship of their children or child. Generally, there are two (2) types of child custody: Physical Child Custody Legal Child Custody

No, a mediator cannot offer legal advice. Some mediators are practicing lawyers or retired judges (both who have a law degree) and others may have backgrounds in other professional areas like social work, business and accounting. Even if a mediator is a lawyer, the mediator is not your lawyer. Neutrality is paramount to the role of mediator. Mediators can only provide and present information about state laws and local court procedures, but they cannot discuss how these laws and procedures apply to or impact on your issues and circumstances. Mediators do not offer any legal advice. Mediators do not interpret statutes or laws and do not recommend any specific legal action (or any other action for that matter) that would benefit either party over the other. For more information about Mediators, go to our website: https://www.needlecuda.com/practice-areas/mediation/

No, it is not required for mediators to be a member a state bar or to have law degree.

No, under Connecticut law both parents have the legal right to seek custody and/or visitation time with their child(ren). Although many people may presume that the mother has a better chance of being awarded custody if there is a disagreement/litigation, this is not the case in Connecticut. When fighting for custody both parents start on the same ground and have equal rights. The courts focus on the best interests of the child, not the gender of the parents.

The standard for termination of alimony in the event your ex-spouse remarries is simple (so long as explicit in the alimony order): Alimony stops! Cohabitation is not that simple. Although your ex-spouse may now be living with someone else that does not mean the alimony payments can stop. Connecticut General Statutes Section 46b-86(b) provides that if your ex-spouse is living with another person you can request a suspension, modification or termination to your alimony obligation. To do this, you must prove that your ex-spouse’s financial circumstances have changed (i.e. decreased) as a result of this cohabitation.

When determining whether alimony should be awarded and the amount and duration of the award, the court must consider all the evidence presented and a specified list of factors. The factors the court considers when awarding alimony are: - The length of the marriage; - The cause for the annulment, dissolution, or legal separation; - The parties’ age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate, and needs; - Any property division ordered by the court; - Each spouse’s need for support; and - In the case of minor children, the desirability and feasibility of the custodial parent securing employment (CGS § 46b-82(a)). The court must specify the basis for any order of alimony that only terminates upon the death of either party or the remarriage of the alimony recipient.

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Do not withhold information from your attorney Do not engage in unnecessary emotional arguments with your spouse Do not use emotional language in electronic communications Do not involve children in the divorce proceedings Do not argue with your spouse in front of the children Do not say negative things about your spouse to your children or within earshot of your children Do not leave personal journals and/or emails where your spouse can access it Do not sign any documents unless you consult with your attorney Do not allow emotions to control legal decisions