FAMILY LAW
Almost half of all marriages end in
divorce. About two million people divorce each year.
Some of these people can divorce on friendly terms. Most
cannot. They feel hurt, betrayed, angry, abandoned.
They worry about money and an uncertain future. Those with
children are concerned about the effects of the divorce on their
children.
We at Serrano & Serrano, LLC,
understand how difficult the divorce process can be. Our
goal is to protect and guide you through the process so that you
come to see it not as an ending, but as a beginning.
The Divorce Process
A divorce is a lawsuit. It starts by a
marshal serving papers by hand, by leaving them at a residence
in Connecticut, or by sending them certified mail to an address
outside the state. The legal term for divorce in
Connecticut is dissolution of marriage.
A spouse cannot stop another spouse from getting
a divorce. If a spouse's whereabouts are unknown, the
divorce court may allow the case to be started by publishing a
notice in a newspaper.
The divorce papers include a summons, a
complaint containing the reason for the divorce (usually irretrievable breakdown),
and automatic orders. The summons has a return date and tells the
defendant (the person who was served the papers) that he or she
must file a form called an Appearance with the court before 2 days
go by after the return date.
The automatic
orders must be followed by both the plaintiff (the person who
started the divorce) and the defendant. These are orders
from the divorce court prohibiting the parties (the husband and
wife) from doing things that would significantly change
the situation as to their finances and their children.
Parties with minor children are
required by the automatic orders to complete a parenting education program.
The automatic orders contain a case
management date that is 3 months after the return
date. If the parties have an agreement, or if the
defendant has not filed the appearance form, the case management
date is the earliest date that a divorce can happen. If
there is no agreement, the parties must tell the divorce court
what they are doing to attempt to reach an agreement and what
they are doing to prepare for trial.
Most of the Connecticut courts
will schedule one or two meetings at the court to help the
parties reach an agreement. The parties' attorneys, and
sometimes the parties as well, meet with special masters
(divorce attorneys who volunteer to act as impartial mediators)
or with a judge to try and work out the disagreements.
These hearings are informal. The special masters and the
judge only make recommendations. No orders are entered
except by agreement.
Cases with child
custody disputes are more complex. The divorce
court may have a custody study done, order the parties to
attempt to mediate the child custody and visitation issues,
appoint a lawyer to represent the children, and order
psychological evaluations of the parents and/or the children.
At any time that the parties reach
an agreement, they may go to divorce court to have the agreement
approved by a judge and to be divorced.
If the parties cannot reach an
agreement, the case will be tried before a judge who will enter
financial, child custody and visitation orders.
Divorce cases where only financial
issues are contested usually take between 6 to 12 months.
Cases with child custody disputes usually take 1 to 2
years. Because a divorce can take some time, the parties
can get temporary orders in regard to child custody, visitation,
payment of child support and alimony, payment of mortgages and
other bills, and who stays in the home. These pendente
lite (Latin for during the litigation) orders are
replaced by final orders when the divorce enters.
Divorce courts can punish persons
who purposefully disobey orders. The divorce court can
find the person to be in contempt of court and send the
person to prison, require the person to pay the other party's
attorneys fees, and enter orders in favor of the other party.
After
the divorce, courts can always change orders regarding
custody, visitation and child support. This is because the
divorce courts are required to look out for the best interests
of the children.
Financial orders can be changed
after the divorce if the final orders allow for
modification. Non-modifiable orders can only be changed
for exceptional circumstances such as fraud.
Custody
& Visitation
The law in Connecticut requires that
divorce courts enter custody and visitation orders "that
serve the best interests of the child and provide the child with
the active and consistent involvement of both parents
commensurate with their abilities and interests." The
law requires judges to focus on what is best for the children
and, when appropriate, to try and keep both parents involved in
their children's lives.
We at Serrano & Serrano agree
that the focus on child custody and visitation cases should
always be on what is best for the children. However, we
also recognize that most parents know their children much better
than do judges, mediators and evaluators. We listen to our
clients with the goal of helping them fully present their views
to the court and obtaining what they feel best serves their
children's interests.
A divorce can be bifurcated
(split) between custody and financial issues. The divorce
court may first enter the divorce and make appropriate financial
orders and then enter orders as to child custody and visitation.
Unmarried people who have children
together and then separate can get court orders for child
custody and visitation.
The court can enter orders for sole or joint custody.
Child
Support
Connecticut law requires that
parents support their children according to the parents' earning
abilities. The divorce courts use a published schedule of Child Support Guidelines to determine how much child support should be paid to
the spouse with whom the children live.
The judges are required to follow
the guidelines. Certain situations may allow for deviation
from the guidelines, such as when a parent lives far from the
children and as a result has significant visitation expenses.
The guidelines are based on net
income, which is defined as gross income less taxes and less
deductions for health insurance and mandatory retirement
plans. For persons who usually work overtime or have more
than one job, the guidelines are based on 45 hours of work per
week. Any wages earned beyond 45 hours are not counted in
calculating child support.
Special rules apply for persons who
are paying court-ordered child support to more than one person,
for persons with low income who are required to pay child
support, and for persons who receive Social Security disability.
The calculations are based on
earning capacity. If the divorce court believes that a
person has reduced his or her earnings on purpose, the child
support will be based on what the court believes the person
reasonably can earn.
Child support is paid until a child
turns 18. However, if the child is still in high school
when he or she turns 18, support is paid until the child
graduates or turns 19, whichever occurs first.
An unmarried parent can get child
support from the child's other parent. This is often done
in magistrate court through the bureau of child support.
Persons who fail to pay child
support without good reason risk being held in contempt of court
and imprisoned, risk losing their driver's license and
occupational licenses, and can have tax returns, personal injury
settlements, and workers compensation payments attached to pay
the overdue support.
The following table provides some
examples of approximate child support based on the number of
children and the parents' weekly Net Income (total pay
minus taxes, insurance and mandatory retirement
deductions). The Custodial Parent is the parent
with whom the children live and receiving the child
support. The Non-Custodial Parent is the one paying
the child support.
Note that the amount of the
custodial parent's income does not affect the amount of support
very much. The amount of support primarily depends on the
non-custodial parent's income.
Examples of
Child Support Amounts
| Custodial Parent's Net Income |
Non-Custodial Parent's Net Income |
Support for 1 Child |
Support for 2 Children |
Support for 3 Children |
| |
|
|
|
|
| $200 |
$400 |
$99 |
$137 |
$159 |
| $400 |
$400 |
$96 |
$133 |
$153 |
| |
|
|
|
|
| $200 |
$600 |
$144 |
$200 |
$229 |
| $400 |
$600 |
$137 |
$188 |
$214 |
| |
|
|
|
|
| $200 |
$800 |
$183 |
$250 |
$285 |
| $400 |
$800 |
$167 |
$226 |
$255 |
| |
|
|
|
|
| $200 |
$1000 |
$209 |
$283 |
$318 |
| $400 |
$1000 |
$191 |
$256 |
$286 |
| $600 |
$1000 |
$177 |
$236 |
$263 |
| |
|
|
|
|
|
$400 |
$1200 |
$212 |
$283 |
$315 |
|
$600 |
$1200 |
$200 |
$266 |
$295 |
|
$800 |
$1200 |
$191 |
$254 |
$280 |
| |
|
|
|
|
|
$400 |
$1400 |
$233 |
$310 |
$344 |
|
$600 |
$1400 |
$223 |
$296 |
$327 |
|
$800 |
$1400 |
$215 |
$284 |
$314 |
| |
|
|
|
|
|
$400 |
$1600 |
$255 |
$338 |
$374 |
|
$600 |
$1600 |
$246 |
$325 |
$359 |
|
$800 |
$1600 |
$239 |
$316 |
$348 |
When You Need a Divorce Lawyer,
Rely on Us for Skill, Determination
and Experience.
