Child Support
Residency Requirements and Grounds for Divorce
Either you or your spouse may file for divorce, which is referred to as the "dissolution of marriage" in Connecticut. One spouse must be a Connecticut resident for a year before the divorce can be finalized. There are a couple of exceptions to this rule when:
- One spouse was a resident of Connecticut at the time of the marriage and returned, intending permanent residence
- The grounds for the divorce arose in Connecticut
The grounds for divorce include the traditional grounds and no-fault grounds. The grounds for divorce are:
- Irretrievable breakdown of marriage
- Separation for 18 months
- Adultery
- Fraudulent contract
- Willful desertion for one year with total neglect of duty
- Seven years' absence with no communication from spouse during that time
- Habitual intemperance
- Intolerable cruelty
- Imprisonment for life
- Infamous crime
- Legal confinement due to mental illness for a periods adding up to five years within a period of six years
The divorce process begins when one spouse files a summons and complaint with the Superior Court in the judicial district where one spouse resides. There's a 90-day "cooling off" period, so it will be at least 90 days before a final judgment is issued.
After filing, either party can request temporary assistance or relief from the court. This includes temporary alimony, child custody and support. Other relief includes a restraining order in cases of abuse or exclusive possession of the martial home. In addition, a spouse may seek a restraining order against abuse and exclusive possession of the marital home.
Simplified divorce procedures are available if you prove breakdown of the marriage by:
- Signing an agreement or statement that the marriage is irretrievably broken
- Stating in court in that your marriage is irretrievably broken and your and your spouse submit an agreement regarding alimony, property division and all issues related to child custody, visitation and support
Dividing the Property
Connecticut is a pure "equitable distribution" state, which means all property is subject to distribution in a divorce. A court looks at these factors when dividing assets:
- Length of marriage
- Causes for divorce
- Age, health, station, occupation, amount and source of income, vocational skills, employability, estate, liabilities and needs of the spouses
- Opportunity for future acquisition of capital, assets and income
- Contribution of each spouse to the acquisition, preservation or appreciation value of the assets
- Value of homemaker's services
Courts often attempt to restore the spouses to their pre-marital financial state when the marriage lasted only a short time. Division is closer to a 50-50 split for a long-term marriage.
Be prepared with information on your property, including when you purchased it, an estimate of value, and details such as account numbers, serial numbers and so forth. You'll be ready to meet with a Connecticut divorce lawyer and it can save you a lot of time and money.
Alimony
A court can order alimony, as it deems reasonable, to either spouse. . If alimony isn't awarded at the final hearing, it can't be awarded later. In deciding alimony issues, a court looks at factors as:
- Marriage length
- Age, health, station, occupation, amount and sources of income, vocational kills, employability, estate and needs of each spouse
- The property settlement
- Whether the custodial parent should work
- Marital fault
Child Custody and Visitation
The court makes a child custody award based upon what is in the best interests of the child. The court may also consider such factors as:
- The child's preference
- Child's relationship with each party
- Which parent shows greater responsibility toward the child
- Each parent's ability to provide for the child's physical, intellectual and emotional well-being
- Which parent is more likely to support the relationship between the child and the non-custodial parent
Connecticut has a statutory presumption in favor of joint custody when the parents agree to it.
Child Support
Both parents are required to support their children according to their abilities. The amount of child support is fixed by a court in an amount determined by the court to be "fair and reasonable."
Child support is based on the combined net income of the parents and multiplying that figure by percentages listed in the child support guidelines. The percentages vary based on the number of children. The total child support obligation due is assigned to the parents according to the proportion of their individual contributions to the total income.
Courts may deviate from the guidelines when needed. Some of the factors courts may consider in setting support are:
- Educational needs of either parent
- Needs of the children presently supported by the noncustodial parent who aren't part of the current case, and where support hasn't been deducted from the noncustodial parent's income
- Extraordinary expenses incurred by the noncustodial parent for visitation
A Connecticut child support order can be modified if there has been a substantial change in circumstances, such as a big increase or decrease in either parent's income or the child reaching the legal age of majority and graduating from high school.
Questions for Your Attorney