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Family Law Assessment

Q: Court Modification of a Child Support Order

The court may modify a support order IF the circumstances of the child or an affected party have 'materially and substantially changed' since the order was issued ( birth or adoption of additional children, illness or injury to the obligor affecting his earning capacity, illness or injury to the child that results in a special need, release of the obligor from prison).

14 important questions on Family Law Assessment

SPO: Possession Rights of Noncustodial Parent of Child Age 3 or older

For a child age three or older, if the parents live within 100 miles of each other, the standard possession order gives possession to the noncustodial parent:

(i) from 6 p.m. Friday to 6 p.m. Sunday the first, third, and fifth weekends each month;
(ii) from 6 p.m. to 8 p.m. every Thursday during the school year; and
(iii) 30 days in the summer.

SPO: Are visitation rights conditioned on payment of child support?

No. Visitation schedules are not conditioned on payment of child support.

Grandparents + Siblings may petition for "reasonable possession or access"

An order granting access to a child by a grandparent that is rendered over a parent’s objection must state that:

(1) at least one parent’s parental rights had not been terminated;
(2) denial of access would significantly impair the child’s physical health or emotional well-being; and
(3) the grandparent is the parent of the child’s parent who (a) has been incarcerated during the three-month period prior to filing, (b) has been found to be incompetent, (c) does not have actual or court-ordered possession of or access to the child, or (d) is dead.

In Determining the Proper Level of Child Support, CT should consider

In determining the proper level of child support, the court should consider

(1) the statutory guidelines,
(2) the needs of the child,
(3) the ability of the parents to contribute to the child's support,
(4) financial resources available for support of the child, and
(5) the amount of possession and access to the child.

Does the fact that the child was born out of wedlock affect the amount of child support?

No. The amount of child support is determined without regard to whether the child was born in or out of wedlock.

When does child support obligation terminate - 5 grounds

Absent a contrary agreement, a parent’s support obligation terminates upon the child's

(a) marriage,
(b) enlistment in the armed forces,
(c) death,
(d) removal of the child’s disability, or
(e) if an order terminates the parent-child relationship between the obligor and the child, based on the results of genetic testing that exclude the obligor as the child’s genetic father.

Statutory Guidelines for Child Support: Percentage of Obligor's Net Resources.

The statutory guidelines apply to the obligor's first $8,550/month of net resources ( if net resources exceed that amount, the court may order additional support only if the child has proven needs that exceed guideline support). The guidelines provide for the following percentages of an obligor’s net resources:

20% for 1 child;
25% for 2 children;
30% for 3 children;
35% for four children;
40% for five children; and
not less than 40% for over five children.

Effect of Obligor's Death on Child Support Obligation?

An obligor parent’s support obligation does not terminate on the parent’s death. The remaining unpaid balance of the child support obligation is accelerated. The amount due is discounted to present value and becomes a claim against the obligor’s estate.

Child Support Obligations: No Intentional Unemployment, Underemployment

The child support guidelines should be applied to the amount the court determines that obligor could earn, consistent with his skills and potential. Trial court must make finding of intentional unemployment or underemployment. Decision to base child support on earning potential, rather than actual earnings, must be supported by the record.
Burden Shifting: (1) Obligor has burden to establish actual income. (2) Obligee then has burden of proving actual intentional underemployment. (3) Obligor must offer evidence in rebuttal.

Court Modification of a Child Support Order

The court may modify a support order IF the circumstances of the child or an affected party have "materially and substantially changed" since the order was issued (birth or adoption of additional children, illness or injury to the obligor affecting his earning capacity, illness or injury to the child that results in a special need, release of the obligor from prison).

Involuntary Termination for Controlled Substance Abuse

The parent-child relationship may be involuntarily terminated if a parent used a controlled substance in a manner that endangered the health and safety of the child and failed to complete a court-ordered substance abuse program; or if the parent was the cause of the child being born with an addiction to alcohol or a controlled substance.

Involuntary Termination for Failure to Pay Child Support

It is a ground for involuntary termination if a parent has failed to support the child for a one-year period ending within six months of the date the petition is filed. Because the support requirement is determined by the parent’s ability to pay, a parent’s indigent financial circumstances may be a defense.

Adoption - Consent from Children above 12

A child over 12 years old must consent to the adoption. If the petitioner seeking adoption is married both spouses must join in the petition. Although normally an adoption may only be concluded where the child has resided with the adoptive parents for at least six months, this requirement can be waived if the court determines that doing so would be in the child’s best interest.

Successful Paternity Suit + Retroactive Child Support

Once paternity is established, the court may order child support. There is a rebuttable presumption that retroactive support not exceeding the amount that would have been due under the child support guidelines for the preceding four years is reasonable and in the child’s best interest.

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Family Law

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Family Law Assessment

14 important questions on Family Law Assessment

SPO: Possession Rights of Noncustodial Parent of Child Age 3 or older

SPO: Are visitation rights conditioned on payment of child support?

Grandparents + Siblings may petition for "reasonable possession or access"

In Determining the Proper Level of Child Support, CT should consider

Does the fact that the child was born out of wedlock affect the amount of child support?

When does child support obligation terminate - 5 grounds

Statutory Guidelines for Child Support: Percentage of Obligor's Net Resources.

Effect of Obligor's Death on Child Support Obligation?

Child Support Obligations: No Intentional Unemployment, Underemployment

Court Modification of a Child Support Order

Involuntary Termination for Controlled Substance Abuse

Involuntary Termination for Failure to Pay Child Support

Adoption - Consent from Children above 12

Successful Paternity Suit + Retroactive Child Support

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