Connecticut
Child Support
| Q. |
What factors do state laws use to base CT 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 pay? |
|
| A. |
Connecticut divorce laws mandate the following amounts be paid from NET income
to the custodial parent: 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 Connecticut divorce laws and Connecticut divorce statutes. What's
the difference? |
|
| A. |
Semantics, really. They both refer to Connecticut divorce laws 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 my court ordered child support payment, and still survive financially. 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 with
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 divorce 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 marriage
separation should not affect your ability to live and survive. |
| |
|
| Q. |
How is marital property settled, or divided? Is
a separation agreement necessary? |
|
| 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. You will be given an opportunity to craft
a separation agreement with your divorcing spouse. If that fails, the court will impose conditions. |
| |
|
| 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. |
Fortunately 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 CT 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. |
 If you and your soon-to-be-ex are divorcing, and you have children together,
the court will order an acceptable Parenting
Plan be a part of your overall divorce agreement. You both (together or separately) have an opportunity to create and agree to your own
Parenting
Plan. Should that effort fail, the court will order an agreement plan with little or no discussion from you.
Avoid having the court impose a plan. You should make every effort to come up with your own plan so that you don't get stuck with a parenting plan you are unhappy or unsatisfied with.
|
 |
Lawyer Advertising
Connecticut Child Custody
| Q. |
Do Connecticut Family Courts allow the divorcing parents the ability to make their
own parenting time schedules for both after the separation and after they are divorced? |
| A. |
Actually, Connecticut divorce laws make it possible to parents in creating a Parenting
Plan, Child Custody Agreement and a Child
Visitation Schedule. If the parents are unable to agree on shared parenting or shared custody, the court will impose
a plan. |
| |
|
| Q. |
What's the difference between legal custody and physical custody
in the divorce statutes I read? |
| 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 of its own plans. You two can agree and if
the arrangement complies with 'best interests of the child' and other laws, the court could okay it. The Family Court will
create a plan if you cannot agree to shared custody with your spouse. |
| |
|
| 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
skills and abilities of each parent, the attitude toward co-parenting, the likelihood the custodial parent will place a high
priority on co-parenting 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.
|
| |
|
| Q. |
When does the paying of child support end in this state? |
| A. |
Termination of Connecticut child support occurs at age 18, or when the child turns 23 if enrolled full time
at a post-secondary educational institution. |
|
|
Visitation
Co Parenting
| Q. |
Do Connecticut Family laws make the presumption that joint custody is in the best interest
of the child? |
| A. |
Yes, Connecticut laws stipulate that unless there is evidence that 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. |
|
|
| Ever sold anything on eBay? Imagine anonymously putting your divorce costs up for bid
and having interested lawyers contact you! |
CT Alimony
Spousal Support
Maintenance
| 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. |
| |
You may realize that we all need some help processing all this angst. This site has a Divorce
Bookstore sponsored by Amazon.com, where you can find affordable books on parenting time, kids and divorce, shared custody,
parental rights, custody battles, joint custody, co-parenting, child visitation, how to be divorced, life after a separation
and just about every consideration pertaining to being divorced. Spend some time and a few bucks to help yourself get through
this nightmare in one piece.
|
|
| What if you were to own an entire Child Custody
Library on the best strategies for winning child custody? What would that mean to you? |
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:
 The
marriage has broken down irretrievably,
The
parties have lived apart for at least eighteen months,
Adultery,
Fraudulent
marital contract,
Abandoned
and neglected duties for more than one year,
Seven
years' absence without any contact,
Habitual
alcohol or drug use,
Intolerable
cruelty,
1
year prison sentence, and confinement to a mental hospital. |
| |
|
|
|
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. A court may declare a nullity, meaning the
marriage never took 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 marriage 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
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. |
| |
|
|
|
Mediation
Marriage Counseling
| 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. |
| |
|
|
Legal Separation
Marriage 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 including child support, spousal support, child
custody, a parenting plan, agreement
on asset and debt division, with the exception of dissolution. |
| |
|
| Q. |
What issues does a marriage 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. |
| |
|
|
|
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? |
| |
|
|
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. |
| |
|
|
Divorce
Settlement
Distribution of Assets
| 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 a settlement 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:
The
length of the marriage;
The
cause of the the legal action;
The
age, health and station of each party;
The
occupation, amount and source of income of each party;
The
vocational skills and employability of each party;
The
estate, liabilities and needs of each of the parties;
The
opportunity of each party for future acquisition of capital, assets and income; and,
The contribution of each party to
the acquisition, preservation or appreciation of each party's estate weighs into the courts judgment. |
| |
|
| Q. |
My husband wants to offer me a divorce settlement from his retirement accounts (401(k), IRAs,
etc) using a QDRO, but I suspect the offer is very low. Is there somewhere I or we can go to get a fair valuation and distribution? |
| |
|
| A. |
You have two choices. You can have your divorce attorney prepare a proposal (they
usually hire an outside, third-party for an evaluation) at significant cost, or you can get your soon-to-be-ex to agree to
an accurate but affordable method using The QDRO Desk software |
|
|
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. |
| |
|
|
|
