Need a Family Lawyer? Click here
 You've arrived at this page because you're looking for some answers about the divorce process in Connecticut, right? Take a deep breath. If nothing else, we'll give you some answers and ease your anxiety. If you're having a tough time coping, perhaps you should view this page first.
Child Support
Are you just starting out with divorce, and need a blueprint, or guidance, on what to do and NOT do? Things your attorney may not tell you? Allow a Killer Divorce Attorney and a top Marriage Psychologist show you exact steps how to become
happily divorced.
| Q. |
What factors do Connecticut divorce laws use to base child support on? answer |
| Q. |
How much child support do non-custodial parents pay? answer |
| Q. |
What do I do if my former husband does not follow the
child support orders of the Court? He paid child support while we were separated but since we've been divorced..nothing! answer |
| Q. |
I keep seeing divorce laws and divorce statutes.
What's the difference? answer |
| Q. |
Is
there a connection between payment of child support and visitation? Can I withhold visitation until he has caught up on his obligation? answer |
| Q. |
Where do I go if I want to start the process of child support from the children's father, but I don't have a lawyer? Will the state help me? Do payments go through the state or directly to me? answer |
| Q. |
The baby's father is no where to be found, and he
should pay child support for his child. Who do I contact to get the ball rolling to locate him? answer |
| Q. |
I'm the Father and can't afford the child support payments and live. Can I send less until things get better? answer |
| Q. |
Will the Child Support Enforcement Program help me
get back child support owed by my ex? answer |
| Q. |
Does Connecticut family law allow me to receive child
support and/or alimony before the divorce is final? answer |
| Q. |
How is marital property divided? answer |
| Q. |
I'm feeling a need to speak with a divorce lawyer
about stuff (child support and his refusal to pay) but don't have any money for fees. Any suggestions? answer |
| Q. |
When does court-ordered child support end? I have a
handicapped child who will need child support beyond age 18 or 19. answer |
| Q. |
We talked about child support before he left, and he promised he'd pay whatever the state said he had to pay. Now the state has ordered him to pay an amount, and he says that's too high, and won't pay any now!. What do I do about this? answer |
| Q. |
Right now my ex has custody of our child. I'm fighting
for custody and I also want to deduct my child as an exemption. Are there Connecticut divorce laws that cover this? answer |
| Q. |
Do you have to pay child support while caring for
your child? answer |
| |
Back to Top↑ |
|
 |
 |
Lawyer Advertising
Answers
| Q. |
What factors does Connecticut divorce law use to base child
support on? |
| |
| A. |
State laws specify the following factors when considering child support: the financial resources of the child, the occupation and earning capacity of each parent, the amount and sources of income for each parent, the relative financial needs of the parents, the estate and needs of the children, and the relative financial needs of the parents. |
|
|
| Q. |
How much child support do non-custodial parents? |
| |
| A. |
Connecticut divorce laws mandate the following amounts be paid from NET income: one child 20%, two children 25%, three children 30%, four children 35%, five children 40% and six children 45% |
|
|
| Q. |
What do I do if my former husband does not follow the child support orders of the Court? He paid while we were separated but since we've been divorced nothing! |
|
| A. |
If your former spouse is not following the orders of the Court paying child support, you can file a contempt motion to enforce the divorce decree.
It is a contempt of court violation if he fails to pay, and penalties can be severe, including losing his driver's license, having assets attached,
or jail time. |
|
|
| Q. |
I keep seeing divorce laws and divorce statutes. What's the difference? |
| |
| A. |
Semantics, really. They both refer to Connecticut family law on the books. These were passed into law over time. A link to them is located above. |
|
|
| Q. |
Is there a connection between payment of child support and visitation? Can I withhold visitation until he has caught up on his obligation? |
| |
| A. |
There is no direct connection between child visitation and payment of child support. Withholding visitation because he is late would be contempt of court and subject you to sanctions, penalties or worse. Refusing visitation because he is behind is in
direct violation to Connecticut divorce laws. |
|
|
| Q. |
Where do I go if I want to start the process of child support from the children's father, but I don't have a lawyer? Will the state help me? Do payments go through the state or directly to me? |
| |
| A. |
Contact The Bureau of Child Support, a division of Connecticut’s
Department of Social Services. A link can be found near the top of this page. BCS charges ( on a
sliding scale ) a fee of about $25 to apply for services. |
|
|
| Q. |
The baby's father is no where to be found, and he should pay child support for his child. Who do I contact to get the ball rolling to locate him? |
| |
| A. |
Contact the BCS (Bureau of Child Support) as stated above. They will assist in locating him, paternity, collecting and distributing payments to you. |
|
|
| Q. |
I'm
the Father and can't afford the child support
payments and live. Can I send less until things
get better? |
| |
| A. |
You can send less, and your ex may even be okay with that, but if there is an income order in place you are violating that order in all likelihood.
If your ex agrees to take less for awhile, get something in writing from her agreeing or waiving any shortage you build up. She can come back later complaining you are in child support arrears so any agreement-get it in writing. |
|
|
| Q. |
Will the Child Support Enforcement Program help me collect what is owed by my ex? |
| |
| A. |
Yes, the CSEP will guide you, and will go after him. Contact them for assistance. Use the link above. |
|
|
| Q. |
Does Connecticut family law allow me to receive child support and/or alimony before the divorce is final? |
| |
| A. |
Yes, persons may petition the court for temporary or permanent child support and/or alimony. Your marital separation should not affect your ability to live and survive. |
|
|
| Q. |
How is marital
property divided? |
| |
| A. |
Essentially if you and your spouse can't agree on a divorce settlement, the court will step in and divide the assets fairly in an "Equitably Distributable' manner. |
|
|
| Q. |
I'm feeling a need to speak with a divorce lawyer about stuff but don't have any money for fees. Any suggestions? |
| |
| A. |
F ortunately
you have two choices. Check with the Bar Association (see the link above) and explain your situation
and they'll help, or contact Legal Aid. Contact them here. |
|
|
| Q. |
When does court-ordered child support end? I have a handicapped child who will need child support beyond age 18 or 19. |
| |
| A. |
Court-ordered child support usually ends when the child: marries or registers a domestic partnership, dies, is emancipated, turns 18 and is not a full-time high school student, or turns 19, whichever occurs first. Parents may agree to have child support
continue after that. Courts can order child support beyond these ranges if a child is handicapped or has special needs. |
|
|
| Q. |
We talked about child support before he left, and he promised he'd pay whatever the state said he had to pay. Now the state has ordered him to pay,
and he says that's too high, and won't pay any now!. What do I do about this? |
|
| A. |
If he refuses to pay child support, the state will
go after him for the amount due the children. You need to contact Connecticut
Bureau of Child Support Enforcement. Access them via the link above. |
|
|
| Q. |
Right now my ex has custody of our child. I'm fighting for custody and I also want to deduct my child as an exemption. Are there laws that cover this? |
| |
| A. |
The IRS has the final word on exemptions. Normally the deduction goes to the parent that spends the majority of time with the child. However, your ex can sign IRS Form 8332 and give it to you, which allows you to take the exemption. Your child does not need to have lived with you the majority of the time with Form 8332 signed and submitted. |
|
|
| Q. |
Do you have to pay child support while caring for your child? |
| |
| A. |
If there is an order through the courts for you to pay ...then you must pay! If circumstances have changed since the last order was made by the court, you need to go back to court and have the orders modified. If you just don't want to pay because you have possession of the kids for the month of July...that is too bad. You are still not the custodial parent and you are still ordered to pay. Child support was designed to allow the custodial parent to maintain a certain way of life for your child...and
even though your child is with you for visitation doesn't mean you aren't still responsible for providing what the court ordered. |
|
Back to Top↑ |
|
|
Child
Custody
| Q. |
What's
the difference between legal custody and physical
custody? answer |
| Q. |
Can a child state a
preference as to which parent he or she wants
to live with? And how does child support work
then if the child relocates? answer |
| Q. |
What does "in
the best interest of the child" mean? answer |
| Q. |
Will we
need to create a Parenting Plan? answer |
| Q. |
When parents
fight over custody, how does the court decide?
answer |
| Q. |
How do I establish
that I am the father of my child? Is paternity
accounted for in Connecticut divorce laws? I also
want to pay child support but the mother of my
child refuses child support or to even speak with
me? answer |
| |
Answers
| Q. |
What's the difference between legal custody and physical
custody? |
| |
| A. |
Connecticut defines legal custody as pertaining to decision-making and physical custody and has to do with where the child lives. Sole legal custody is defined as one parent makes all the major non-emergency decisions for the child. Joint custody is shared physical custody where both parents care for the child. |
|
|
| Q. |
Can a child state a preference as to which parent he or she wants to live with? And how does child support work then if the child relocates? |
| |
| A. |
Some states set the age when a court will consider the wishes of a child- Connecticut does not have such an age. Courts are free to consider a child's request, or not consider it. The matter should go back before a judge to change who pays support to whom. |
|
|
| Q. |
What does "in the best interest of the child mean in Connecticut? |
| |
| A. |
The Courts are to form their decisions so that they consistently place the children's best interests ahead of those of the parents. |
|
|
| Q. |
Will we need to create a Parenting Plan? |
| |
| A. |
Yes, both you and your spouse will agree to a parenting plan (what times you each have the children), or the Court will create one its own plan. You two can agree and if the arrangement complies with 'best interests of the child' and other laws, the court could okay it. |
|
|
| Q. |
When parents fight over child custody, how does the court decide? |
| |
| A. |
Best interests of the child prevail. The court will usually consider what each parent wants, what the child wants (if the child is old enough and/or mature enough), which parent has been the primary caretaker, the parenting abilities of each parent and whether there is a history of abuse. |
|
|
| Q. |
How do I establish that I am the father of my child? I also want to pay child support but the mother of my child refuses to even speak with me? |
| |
| A. |
If you are married to the mother at the time the child is born, you are presumed to be the legal father. If you are not married to the mother, you and the mother can file an acknowledgment of paternity to establish your paternity. This form may be completed in the hospital when a child is born, or at the local state Department of Social Services office. Only once paternity has been established are you considered the legal father of the child. If you are unable to file an acknowledgment because of the mother's refusal to cooperate, you can file a petition with the probate court in the town where the child resides to establish your paternity. It sounds like you need an attorney. |
|
|
|
Back to Top↑ |
|
Visitation
| Q. |
Do Connecticut
courts make the presumption that joint custody
is in the best interest of the child? answer |
| Q. |
If one gets awarded sole
legal custody, does that mean the custodial parent
can deny visitation? answer |
| Q. |
What are my options if my ex refuses to allow me my court-ordered
visitation? answer |
| Q. |
What can we expect
if we cannot agree to a parenting plan, and the
court has to do it? answer |
| |
|
| Q. |
Do Connecticut Family laws make the presumption that
joint custody is in the best interest of the child? |
| |
|
| A. |
Yes, CT laws stipulate that unless there is evidence a child is in harm's way, joint custody will be preferred. |
|
|
| Q. |
If one gets awarded sole legal custody, does that mean the custodial parent can deny visitation? |
| |
|
| A. |
No, visitation cannot be denied by the custodian. |
|
|
| Q. |
What are my options
if my ex refuses to allow me my court-ordered
visitation? |
| |
|
| A. |
You may take her back to court, although this costs money you can't always get back (asking the court for your ex to pay). In rare instances physical custody can change with a contempt of court like this. |
|
|
| Q. |
What can we expect if we cannot agree to a parenting plan, and the court has to do it? |
| |
|
| A. |
The court will impose a standard visitation schedule, which will likely include alternate weekend visitation (3-day weekends included), mid-week visitation, sharing of the children during periods of school recess -winter, spring and summer, New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years, Father's Day with Father, Mother's Day with Mother, alternate years on the children's birthdays, and open communication by phone and
computer. |
|
|
Back to Top↑ |
|
 |
|
Alimony/Maintenance/ Spousal Support
| Q |
How do the Connecticut courts treat alimony or spousal
support? |
| |
| A. |
Connecticut allows for alimony to the dependent spouse. It can be temporary or
'permanent', with termination coming upon death, remarriage or in some cases co-habitation. |
|
| Q. |
Any truth to the notion that
we have to have been married at least 10 years
for me to receive alimony? |
| |
| A. |
There is no hard and fast rule in Connecticut pertaining to 10 years. We've seen marriages of less than 10 years get alimony and ones greater NOT get alimony. Most judges are guided by case law with alimony. Ten years married is viewed by some judges as benchmarks, so a marriage of considerably less may not realize any spousal support. See our divorce discussion on separation. In order to qualify for an ex spouse's social security benefits later on, one must be married for 10 years. You might consider delaying the divorce until you get your 10 years in. |
|
Back to Top↑
You may realize that we all need some help processing all this angst. The help can come in the form of friends, relatives or professionals. If you're not inclined to approach family or friends, and unwilling to pay for professional counseling, the next best step would be educating yourself, through reading. This site has a Bookstore sponsored by Amazon.com where you can find some fabulous books on just about every consideration surrounding divorce. Spend some time and a few bucks to help yourself get through this nightmare in one piece.
|
|
|
|
Grounds
For Divorce
| Q. |
What are the grounds for divorce in Connecticut? |
| |
| A. |
Connecticut provides the following grounds to divorce and termination of the marriage: 1) The marriage has broken down irretrievably, 2) The parties have lived apart for at least eighteen months, 3) Adultery, 4) Fraudulent marital contract, 5) Abandoned and neglected duties for more than one year, 6) Seven years' absence without any contact, 7) habitual alcohol or drug use, 8) intolerable cruelty, 9)
1 year prison sentence, and confinement to a mental hospital. |
| |
|
Back to Top↑
|
|
|
|
Marriage
Annulment
Marital Annulment
| Q. |
What does it mean when someone gets an marriage annulment? |
| |
| A. |
In Connecticut, an annulment is a decree that the marriage was void when it took place, meaning that the couple was never legally married in the first place. |
|
| Q. |
Is an annulment easy to get in Connecticut? What's involved? |
| |
| A. |
Annulment in Connecticut is a complex legal matter, in part because the grounds for annulment are found in a number of different statutes (laws), as well as in what is known as common law. One files for an annulment much as you do a divorce. |
|
| Q. |
What are the grounds for getting an marital annulment in Connecticut? |
| |
| A. |
Bigamous marriage, Consanguinity or affinity (marrying someone too closely related), Defects in marriage ceremony, Duress or undue influence, Fraud, Incompetence—mental
or physical, Misrepresentation, concealment and underage. To receive an annulment, you must petition
the court and be prepared to present evidence that supports your ground(s) for annulment. Cheating
or abuse are not grounds for an annulment. |
| |
|
Back
to Top↑ |
|
|
|
Marriage
Counseling/
Mediation
| Q. |
This marriage may be salvageable. He keeps mentioning divorce
but I think the divorce talk is all bluster. Is there mediation or counseling available in Connecticut? |
| |
| A. |
It's 'available', yes. The court may order both parties to submit to mediation or conciliation at their own expense if the court finds that that approach is prudent. Speak with your attorney. If you are pro se request from the court an order for mediation or counseling. |
|
Back to Top↑
|
|
Amazing Dental Product Delivers in just 9 Minutes!
Legal
Separation/
Marital Separation
| Q. |
Does Connecticut make provision for a legal separation
in this state? |
| |
| A. |
Yes, one may file for legal separation, and the petition must include resolution of all matters except
dissolution. |
|
| Q. |
What issues does a marital separation resolve? |
| |
| A. |
Connecticut Family Laws mandate that support of a spouse,
children, and disposition of assets must be detailed, leaving the couple able to live separate lives in all ways except the legally 'married' status. |
|
| Q. |
My husband and I want to preserve the health benefits that cover each of us but live separate lives. Can we do this? What do we need, a legal separation? An Annulment? |
| |
| A. |
Legal separation is sometimes pursued when one of the parties wants to stay married for religious reasons, wants the advantage of deductibility of spousal support payments for income tax reasons, wants to maintain various insurance coverage's, or do not want to wait the state statutory waiting period for termination of marital status. Connecticut divorce statutes permit this. An annulment is for void or voidable marriages-marriages that should never have taken place which is not your
situation. |
| |
|
| |
Back to Top↑ |
|
|
 |
|
Waiting
Period
| Q. |
Is there any kind of waiting period? |
| |
| A. |
Courts will wait at least 90 days from a filing to grant a dissolution (divorce). |
|
| Q. |
I've heard Connecticut prohibits getting remarried before six months has passed
since the final divorce decree? |
| |
| A. |
To our knowledge, no law exists in Connecticut to substantiate that. Then again, since the divorce is still fresh, why not take it slow? |
| |
|
|
Back to Top↑ |
Grandparents Rights
| Q. |
Do grandparents have any visitation or custody rights in this state? Can they enter my divorce proceedings and petition for visitation? |
| |
| A. |
Yes, Connecticut and Federal laws allow grandparents to petition the court for visitation. Custody is another thing. One must have had a grown child die or have that adult child be imprisoned or been ruled incompetent to scale that mountain. Divorce laws are tricky here. See an attorney. |
|
State
Fact Sheets for Grandparents and Other Relatives
Raising Children
Back
to Top↑ |
|
|
 |
|
Divorce
Settlement
| Q. |
What does it mean
in Connecticut to reach a divorce settlement? |
| |
| A. |
A divorce settlement in CT is the opportunity for a divorcing couple to divide their marital assets without any outside interference. You'll arrive at a divorce settlement, or the court will do so for you. Connecticut offers the parties the opportunity to craft an agreement before any intervention. |
|
| Q. |
What does it mean that Connecticut is an equitable distribution state? Is that about
dividing marital assets before the final divorce decree? |
| |
| A. |
Equitable distribution in divorce law is the method by which a court (judge) identifies marital assets and divides them fairly and equitably, and not necessarily evenly. The judge will set aside any extra marital property and divide the marital property fairly. |
|
| Q. |
What factors do judges consider when they determine a divorce settlement prior
to issuing the divorce decree? |
| |
| A. |
Connecticut courts may consider: 1.) The length of the marriage; 2.) The cause of the the legal action; 3.) The age, health and station of each party; 4.) The occupation, amount and source of income of each party; 5.) The vocational skills and employability of each party; 6.) The estate, liabilities and needs of each of the parties; 7.) The opportunity of each party for future acquisition of capital, assets and income; and, 8.) The contribution of each party to the acquisition, preservation or appreciation of each party's estate weighs into the courts judgment. |
| |
|
|
Back to Top↑ |
|
 |
|
Residency
Requirements
| Q. |
How long must one reside in this state to meet residency requirements to file for divorce here? |
| |
| A. |
One must have resided in Connecticut for one year or more. Those serving with the armed forces will, if their entry into the armed forces was as a Connecticut resident, will retain that residency regardless of where they now reside. |
|
|
Back to Top↑ |
|
|
