Attorney O's Midnight Musings: Connecticut Law » Child Support

Malloy Replaces Magistrates

Irene C. Olszewski, Esq. — Tue, 12 Jul 2011 22:10:49 +0000

I returned from vacation yesterday and a lot happened in the world during my absence. I’m glad to be back to posting!

In the news:

The Family Magistrate system is about to undergo some new changes. Governor Daniel Malloy will replace 4 existing Magistrates (3 Republican and 1 Democrat) with 4 Democrat appointees. Outgoing will be Magistrates Christopher Oliviera, Linda Wihbey, Richard Adams and Harris Lifshitz (retiring to assume part-time referee status).

Family Magistrates hear family cases involving child support and paternity.

Read: Malloy Replaces Controversial Family Magistrate Oliveira

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Disclaimer: The information, comments and links posted on the blog do not constitute legal advice. I will not respond to any specific legal questions in the comments section of this blog. Read my entire disclaimer.

How To Complete A Financial Affidavit

Irene C. Olszewski, Esq. — Thu, 02 Jun 2011 01:02:29 +0000

In Family Law matters, the parties are usually required to complete and submit a sworn financial affidavit to the court. There is a fillable self-calculating version available online here. It’s a rather easy document to complete if you know what information is being requested. A word of advice: save the blank form to your computer first, then complete it and save it again.

The top section is the name, rank and serial number portion, so to speak. You are asked for the docket number assigned to your case. If you don’t know it (or the official name of your court case), click here to do a search on the judicial website for your case. Your name should be typed in the box marked affiant because you will be the person signing the affidavit.

The judicial district is the district in which the court you filed with is located. For example, Tolland Superior Court is located in the Tolland judicial district. To determine that information, click here.

The income section is self-explanatory. Refer to your pay stubs for the appropriate figures. If things are not always the same, take the average of the last 13 weeks and use those numbers. Note that the affidavit calls for weekly income figures, not annual.

The expenses section also wants you to report weekly — rather than monthly — numbers. Take your bills and divide them by 4.3 to get accurate totals for each category. For the more difficult categories such as clothing, use a 13 week average.

The liabilities section is where you will report your outstanding debts, such a credit card balances, student loans and the like. The weekly payment will be your monthly payment divided by 4.3 as in the expenses section.

To calculate your equity on real estate in the following section, subtract the mortgage balance owed from the approximate value of the real estate.

The remaining sections should not pose a problem. Just be sure to request accurate statements from banks, insurance companies and your HR department at work (for pension and such plans).

Do not sign the affidavit until you have been given an oath by an attorney, notary or court clerk. Remember, you are swearing to the truth of the affidavit. It will become part of the court record in your case and you will be bound by what you have reported. Lying or intentional omissions are never advised. Doing so may result in sanctions by the court.

Your attorney will advise you on how to properly complete your financial affidavit. It’s important to have accurate information prior to meeting with her or him. Do your homework thoroughly and be sure to collect the appropriate documentation. It’s also important to note that you may have to complete more than one financial affidavit during the course of your case, so be sure to stay on top of all the numbers.

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Visitation Rights and Child Support Payments

Irene C. Olszewski, Esq. — Thu, 07 Apr 2011 22:58:38 +0000

It really irks me when someone who is ordered to pay child support refuses to pay it when they are able. It irks me even more when the person obligated to pay child support uses the weak excuse that the other parent doesn’t deserve the money. Sorry, but the money is intended to support the children that you both created together. It’s the job of both parents, whether or not you still like your ex. You don’t get to make your children’s lives harder because you want to make life harder on your ex-spouse. That’s not fair and honestly, it’s just plain wrong.

Some argue that it doesn’t cost that much per week to pay for the expenses of the children. Child support is intended to pay a portion of the total rent/mortgage required to house the children, a portion of the utilities required to properly care for them (electricity and water are rather important), a portion of the food they eat and a portion of the clothing they wear, among other things. For example, if a divorced spouse must maintain a 3-bedroom house or apartment in order to properly house the children when that person would only have to maintain a 1-bedroom house or apartment if they only had to house themselves, well, that’s an increased cost that child support helps to make possible. It’s really simple math.

That said, there are times when these difficult economic times make it impossible for a non-custodial parent to make the required weekly child support payments due to cut-backs in employment hours, unpaid furloughs or illness.

If your income has significantly changed due to no fault of your own (such as being required to take unpaid furloughs or medical issues that have cost you significant unpaid time from your employment), you may wish to explore a modification of your child support order. You can’t request a modification simply because you chose to leave a high paying job in order to reduce your child support payments, or you quit your job and have chosen not to seek alternate employment. Judges don’t expect your children to pay for themselves, that’s the job of the parents.

For those parents who must pay child support and find themselves in a set of legitimate circumstances that prevent them from making the required payments, it is important to remember that when your ex-spouse threatens to withhold your court-ordered visitation with your children because you have failed to make your child support payments, that person can be held in contempt of court. Why? Because visitation rights are not linked to the payment of child support — nor should they be linked.

I receive plenty of calls from parents who are being told they cannot see their children because they have fallen behind on their payments — or have made regular weekly payments that have not been quite as much as they are required to pay. It’s wrong to deprive the children of their right to see the non-custodial parent because of child support issues. Those issues are between the parents (and the courts) — not between the parents and the children.

I find it unconscionable when people use children as weapons against each other. A child is not a weapon. A child is a human being. Please try to remember that the next time you use yours as a bargaining chip.

If you are owed child support and your ex is refusing to pay, don’t threaten to withhold visitation. Call a lawyer and discuss your options. Leave the children out of your battle.

If you owe child support and are having difficulty paying — and your ex is refusing to allow you to see your children because of it, keep the battle between the adults. Call a lawyer and find out what you should do.

Either way, folks, please remember at all times that protecting your children doesn’t mean putting them in the middle of your disputes.

Download my complimentary brochure Child Support Laws & Procedures in the State of Connecticut: An Overview.

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Securing Child Support Obligations with Life Insurance Policies

Irene C. Olszewski, Esq. — Thu, 24 Mar 2011 04:00:14 +0000

During divorce negotiations, the person obligated to pay child support is often surprised when ordered to maintain an irrevocable life insurance policy in the amount of the total child support to be paid during the life of the minor child(ren). The reasoning is, of course, that if the payor dies prior to the child(ren) becoming of age, there will still be funds to support the child(ren).

A New Jersey court recently ruled that a decedent’s estate was obligated to pay the amount of the life insurance policy the husband was ordered to maintain — and which he terminated prior to the child’s emancipation. The father died an untimely death and the child in the case was still dependent on his mother for support.

If you’ve been ordered to maintain a life insurance policy to secure your child support obligation, you might want to think twice before canceling it.

A tip of the hat to NJ Family Law Blog for this informative post that includes a link to the court decision:

Child Support Obligations Live On After Death

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Why It’s Important to Learn Arithmetic

Irene C. Olszewski, Esq. — Fri, 28 Jan 2011 22:43:05 +0000

This isn’t exactly The Tortoise and the Hare but it’s got a … Well, what I’m trying to say is that it really happened so it’s not a fable but … Oh heck, never mind. The darn story is true and it has a moral.

Early in my career as a lawyer, I accepted a court-appointment to represent a man who had been hauled into court for non-payment of child support. My client was a nice enough guy, his lack of ability to accurately relate the facts of his case to me aside.

According to the Support Enforcement Officer, my client had a weekly support order of $50 but for the past year, he had only made $50 payments every other week. When I asked my client why, he explained that he always made his child support payments on the day he got paid. He paid in full, he assured me. Every time.

I asked the Support Enforcement Officer to check his books and let me know if an error had been made. They are actually known to happen, in case you were wondering. I asked if perhaps an audit might be prudent. The Officer smiled at me — actually, it was an annoyed frown but the smile makes the story warm and fuzzy. Okay, so he frowned at me and said, “Counselor, look for yourself. It lists every payment made right here.”

I looked and sure enough, the ledger showed that my client faithfully made a $50 payment every two weeks.

I went back to my client and asked again why he only paid every other week. He patiently explained that he always paid in full when he got paid. Before I had a chance to say anything more, the marshal informed me that the Magistrate wanted to hear the case …. right now! Basically, that meant I was done interviewing my client.

We hurried into court. I expertly opened my file, poised my pen as if I were about to commence writing The Gettsyburg Address, and signed my name to the Appearance Form. (Hey, it was a Montblanc, okay?) I handed the form to the marshal and began my little lawyer speech.

“Your honor, my client is here for a …”

“I know why he’s here, Counselor,” interrupted the Magistrate. They do that a lot. “Why hasn’t he paid his child support?”

“Well, your honor, my client gets paid every two weeks and he faithfully makes his payments then,” I explained. “But there seems to be some sort of ….”

“Problem, Counselor?” She interrupted again. This was old hat to her, apparently.

The Support Enforcement Officer chimed in: “Your honor, he does pay every two weeks but his weekly order is $50.”

“Well, sir, what’s the problem?” The Magistrate was asking my client a direct question. That’s always scary.

Cient: “I pay my child support every time I get paid. You know, like it says.”

Magistrate: “How much, sir?”

Client: “Fifty dollars, like it says.”

Magistrate: “You pay fifty dollars every week?”

Client: “Yes, every time I get paid.”

Magistrate: “So you pay fifty dollars every week.”

“Client: “Yes, when I get paid.”

At which point, I realize that what my client isn’t understanding is that he has a weekly order of $50 and if he gets paid every two weeks, he is supposed to pay …. hmmm.

Magistrate: “You pay fifty dollars every …”

“Your honor,” I interrupt. Sometimes they let you get away with that.

“I think I understand the confusion,” I state, sounding a whole lot like Clarence Darrow (or at least Jack McCoy). “May I ask my client a question?”

She nods, hoping I have just deciphered the Da Vinci Code.

Me: “Sir, do you get paid every week?”

Client: “No, every other week.”

Me: “Okay, so how much is your weekly child support order?”

Client: “It’s fifty dollars. That’s what I pay.”

Me: “Do you understand that if you are supposed to pay fifty dollars every week and you get paid every other week, then you have to double the payment in order to be compliant?”

Client: “Yes.”

Me: “So what are you supposed to pay every two weeks?”

Client: “Fifty dollars.”

The court room is packed. We’ve got everyone’s attention, which is rare in a court room. Even the lady with the baby who has been annoyingly snapping her gum in the front row all morning is sitting on the edge of her seat. People are snickering. I am barely able to control myself from erupting into laughter but I am a professional. I pinch myself hard. Then I swallow (audibly, I think) and try again.

Me: “Okay, sir. If you have to pay fifty dollars EVERY week and you get paid every TWO weeks, how much are you supposed to pay from each paycheck?”

At which point, the entire court room simultaneously shouts: “ONE HUNDRED DOLLARS!”

In case you were wondering, the Magistrate went easy on the guy. It must have been my legal brilliance that softened her up.

Moral: It’s really important to learn your arithmetic.

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Social Media “No No’s” During Divorce Proceedings

Irene C. Olszewski, Esq. — Thu, 16 Dec 2010 01:34:16 +0000

Social media has become so popular that sites that used to attract teens only have now become mainstays with adults. Unfortunately, some adults don’t think before they post. This is especially true when they are involved in divorce, child support or custody battles.

Gideos Alper blogs on The Men’s Divorce Law Report. In “Don’t Make These 5 Facebook Mistakes,” he reminds divorcing men to be careful about 1) posting about things that you buy; 2) assuming you can say what you want if you make your posting private; 3) posting when you’re supposed to be somewhere else; 4) getting tagged (in photos); and de-friending your spouse, her relatives, her friends and her boyfriend.

His advice is equally applicable to divorcing women.

The problem with social media sites such as Facebook and Twitter is that people forget that they are not having a private conversation with a friend in their living room. During moments of anger and frustration, they post comments they may later regret and often reveal way too much information (which might later be used as evidence against them in court).

If you’re engaged in a divorce, child support or custody battle, stay off social media sites!

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What Happens When You’re Ex-Spouse Refuses to Pay Child Support?

Irene C. Olszewski, Esq. — Thu, 30 Sep 2010 00:44:48 +0000

When marriage ends in divorce and minor children are involved, the non-custodial parent (the parent with whom the children do not reside) usually pays child support to the custodial parent (the parent with whom the children do reside).

I typically hear from people to whom child support is owed but not paid. “My ex is refusing to pay child support,” they tell me. “What can I do?”

First, let me explain that child support must be an order of the court in order to be enforceable. When a couple divorces, the terms of the child support obligation are memorialized in their Separation Agreement. The amount of child support to be paid is determined by the Connecticut Child Support and Arrearage Guidelines .

If an obligor (the person obligated to pay the child support) refuses to pay the order, an attorney may assist you in filing a motion for contempt. When the motion comes before a judge or magistrate, he or she will determine if the failure to pay the child support order is willful. If it is, the court may order the non-custodial parent to make a lump sum payment or incarcerate (jail) him or her until such payment is made. The court may further order a suspension of the non-custodial parent’s driver’s license, professional license, occupational license, or recreational license. The court may issue an income withholding order whereby the child support is deducted from the non-custodial parent’s income from such sources as wages, overtime pay, worker’s compensation, unemployment compensation and retirement benefits.

If your ex-spouse refuses to pay child support, you should contact a licensed Connecticut attorney to assist you in taking appropriate court action.

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How Long Will It Take to Pay Off That Child Support Arrearage?

Irene C. Olszewski, Esq. — Thu, 12 Aug 2010 04:38:26 +0000

I often represent clients in Family Court who are supposed to receive child support but seldom, if ever, receive the checks. Other times, I serve as Guardian Ad Litem for the minor children in similar cases. When child support payments are not made on a regular basis, the back payments accrue and that balance is known as an arrearage.

When someone hasn’t paid court-ordered child support regularly, the party to whom it is owed has the right to bring a Motion for Contempt before the court. If a case is registered with the Support Enforcement Services, they will monitor the payments received and the arrearage balance. .

When the case ultimately goes before the judge or magistrate, the obligor (defined as the person who owes the child support) is often shocked at how much he or she actually owes in back support. It’s not at all surprising that the missed payments add up fast.

When the obligor is found to be in contempt of court, he or she may be ordered to cough up a large lump sum payment or spend some time in a cozy little jail cell. Faced with those choices, I’ve heard some wild proposals from obligors for paying off the back support.

My all-time favorite is the one from the guy who owed in excess of fifty-five grand. His proposal? Pay 50 bucks a month on the arrearage. Um, that would take him something like 87 years to pay off!

If you owe child support, pay it on time and in full to save yourself the hassle of being summoned to court. In addition to facing incarceration, a judge or magistrate may revoke your professional licenses, intercept your income tax refunds, require job searches, revoke your passport, and a variety of other unpleasant surprises.

If you are supposed to receive child support but the obligor fails to pay you, contact an attorney to find out the best course of action.

No matter what though, don’t settle for 50 bucks a month on a huge arrearage balance. You’ll be in a rocking chair by the time it’s paid off!

Does Child Support Automatically Terminate if the Payor is Incarcerated?

Irene C. Olszewski, Esq. — Sat, 20 Feb 2010 04:34:16 +0000

I receive calls every week from people who want information about child support issues. One such questions is, “If the person who must PAY child support is incarcerated, does the child support order automatically terminate?” No, it does not. In order to terminate (or lower) an existing child support order, the inmate must file a Motion for Modification with the court. The magistrate or judge hearing the motion will consider the inmate’s present income and any substantial assets owned by the inmate when determining the modified support order.

If the inmate was incarcerated for a crime against either the child or the custodial parent, however, the court will NOT reduce the existing child support order.

Financial Q & A’s For the Custodial Parent in Connecticut

Irene C. Olszewski, Esq. — Wed, 17 Feb 2010 04:09:23 +0000

If you are the custodial parent of your minor children (meaning that they reside with YOU), you are likely to have many questions about financial issues such as child support. For instance:

Are there other ways to enforce my child support order?
What is an income withholding order?
What is a medical support order?
How does my daycare order work?

Fortunately, Connecticut’s Support Enforcement Services publishes a concise but helpful brochure designed to answer these questions and several others. The brochure also lists contact information for the agency.

Download: For Custodial Parent — Answers to Common Questions (available in .pdf format).

[Source: Connecticut Judicial Branch]