Child Support Archives - Bellenot & Boufford, LLC

DIVIDING HOLIDAYS DURING AND AFTER DIVORCE: Tips for Peaceful Parenting*

Holidays can be stressful enough without having to negotiate parenting time. While dividing time between each parent requires some planning and effort, it does not have to be a struggle. Here are some tips to ease the process:

Start early! It is so much easier to focus on creating a child-centered plan when you don’t have the calendar bearing down on you and your time and energy are not already sapped by other holiday to-do’s. Setting up something early also allows advanced communication of the schedule to other family members, thereby reducing the chance of conflicts and hurt feelings.
Focus more on how each parent can best celebrate the holiday than on what day it actually falls on. Many, if not most, holidays are actually celebrated over several days. Independence Day is July 4^th but celebrations are often held throughout the week and especially on the weekends before and after if it falls on a weekday. Some communities celebrate Halloween on October 31^st, but many others have their celebrations on a nearby Saturday or Sunday. This is in addition to the many trunk-or-treats and other opportunities offered by civic and private organizations. Thanksgiving is on Thursday but the Friday and Saturday immediately following are wonderful and customary alternatives to the traditional Thursday dinner. Just because one parent is getting the holiday does not mean that the other parent cannot also have their own celebration with the children.
Although it is common to alternate the actual holidays and then rotate each year, do what is best for your family. Many couples have different preferences as to which holidays are celebrated. An example of this is where one parent’s extended family always has a big gathering on Christmas Eve and the other parent’s extended family does Christmas Day. Another example is one parent who prefers to go away to ski over the President’s Day weekend and the other who would rather travel to warmer weather or visit grandparents during the school Spring Break. These parents may care more about creating yearly traditions with the children than alternating these times. It’s OK.
Do your best to support and compliment each other’s holiday parenting time. It’s not a contest. Your children should be happy to be with each parent without feeling guilty.
Put your agreement, the holiday schedule, in writing. It won’t prevent a parent from disrupting it, but it is likely to minimize conflict and any possible misunderstanding. Include starting and ending times and who is responsible for transportation.

In the end, the best holiday gifts you and your co-parent can give your children is certainty surrounding their holiday schedule and peace between their parents.

*More detailed information on parenting plans can be found in Divorce Matters, a legal guidebook written by Attorney Kathy Boufford available at Amazon, Barnes and Noble and other on-line book providers.

Can My Girlfriend’s Assets/Income Be Attached By Ex For Child Support

No. This goes the same for wives, boyfriends and husbands. In fact, the only person’s assets or income that can be attached for purposes of child support is the person obligated to pay child support. This, however, does not mean that the income and assets of these “significant others” will be totally private or irrelevant in all cases. This is because child support is not always just based on what the obligor earns at his or her job. Sometimes it is based – or can be based – on the earning capacity of the obligor. This claim comes into play when the obligee believes that the obligor is under earning (not making as much as he or she should) and thus not paying as much child support as he or she should. Also, “income” includes regularly recurring gifts from someone other than a spouse or domestic partner.

Normally, it is necessary and in people’s best interest to earn as much as they can. Bills need to be paid and people like to do and have nice things. Sometimes it is not necessary or desirable. Such may be the case if someone is living with someone else (significant other or parents is most common) who can afford and is willing to pay all the obligor’s bills. In these situations it is quite common for the obligor to be under-employed out of convenience, lifestyle or other reason. The obligee must prove earning capacity and it will be relevant to inquire about contributions of others which could lead to information about their income and assets. Again, the purpose would not be to attach such interests, but to boost the claim that the obligor is not maximizing his or her earning potential due to the benefit received from those interests.

As for recurring contributions as income, the obligee seeking to prove this would need – and is often entitled to – sensitive financial information from third parties. If income is determined based on recurring contributions, the obligor can be stuck with a higher child support obligation even if those contributions don’t continue.

If you are looking to adjust your child support payments, please contact us for a free phone consultation.

Family Law Lawyers serving Danbury, Connecticut and all of Fairfield and New Haven Counties.

Case Studies – Reduction of child support and alimony obligations due to employment loss

Often a party will feel that the burden of child support or alimony payments are unreasonable and may come up with reasons for late, missing or reduced payments. Once a court order has been issued for payment of child support or alimony, it is legally enforceable. Only the courts can make changes to the payment amounts, frequency or duration. With few exceptions, in Connecticut, child support can always be modified if there has been a substantial change in a party’s financial circumstances. The state’s child support guidelines will often determine the amount of the payment based on the income of the parties. It is the basis and amount of the income that often becomes arguable in determining child support. Alimony may or may not be modifiable. Depending upon the original terms of the alimony order, it may be that only the term can be modified, or only the amount can be modified.

Case Study – Support Order Change due to Lay-Off

The firm represented two women whose ex-husbands were trying to reduce or eliminate their child support and alimony obligations on the basis of lost employment. Extensive discovery resulted in information used at the hearings in support of our argument that such reduction should be denied. In one case, it was discovered that the obligor was not a victim of a lay-off as he had claimed. Instead, he voluntarily left his employ to start his own business. Bellenot & Boufford, LLC successfully argued that the voluntary reduction in income to pursue a dream should not result in negative financial consequences for the child. Discovery included taking his deposition and obtaining Facebook posts and emails among other things.

Case Study – Support Order Change Due to Closing a Business

In the other case, extensive financial discovery and analysis revealed that the obligor did not just sell his business and become “unemployed” as alleged. He in fact continued to receive a substantial stream of income from the business.

It is in your best interest to at least consult with a child support / alimony attorney prior to agreeing to any changes of child support or alimony payments. Some orders/decisions are non-modifiable. Fixing a mistake always takes more time and effort than doing it correct the first time.

Bellenot & Boufford, LLC can assist and advise you at every stage of your dissolution of marriage. We can help as much or as little as you want. We work and collaborate with you to make sure your matter is done properly and efficiently. We are cost conscious.

Please contact us for a free initial consultation.

Case Study – Recovering Alimony & Child Support Payments

As a Family Law Attorney, I know that often getting a court order for receiving alimony or child support payments is only half the battle. Actually receiving the payments can be very difficult if the paying party address is unknown or they just ignore the court order. Alimony can be paid out in a lump sum, in periodic sums for a specific amount of time or in periodic sums for a lifetime. Unlike child support, there is no formula for alimony, but in either case the court order must be met.

Case Study – Chasing reluctant obligors for support payments

Our firm recently had two successes in locating and serving two ex-husbands who were in default on their alimony and child support obligations. Both resided out of state. One would not disclose his address and worked at a facility that did not allow service at the workplace. We were aware of where the other was living but he was unemployed/self-employed. Both had been evading service for nearly a year.

While frustrating, Bellenot & Boufford, LLC and their clients were determined to have these parties located and served. We utilized the services of a private investigator in one case, who was able to identify the ex-husband’s residence. Service was made at the residence shortly thereafter. In the other case, we had a friend of our client conduct surveillance and work in conjunction with a cooperative and helpful marshal. The two working together resulted in in-hand service in a public place.

Recovered Support Payments

Case #1 resulted in payment of over $120,000.00 to our client.

Case #2 resulted in payment of over $50,000.00 to our client.

If you are owed alimony or child support payments and are frustrated trying to get payments,
request a free consultation with our child support and alimony attorneys

alimony

NEW CHILD SUPPORT GUIDELINES – How the changes may affect you

Beginning July 1, 2015, updated child support guidelines went into effect. Some of the bigger changes include:

Alimony no longer deductible nor includible in factoring net disposable income when factoring percentage of payments for work related child care and unreimbursed medical expenses. THIS CAN SIGNIFICANTLY CHANGE PERCENTAGE ALLOCATION WHICH COULD LEAD TO A BIG FINANCIAL CHANGE IF CHILD CARE AND/OR MEDICAL COSTS ARE SIGNIFICANT.
Prior alimony and/or child support awards to others can still only be deducted/factored in when running numbers only if paying on those awards, but a second threshold requirement has been added. The deduction will not be allowed if the current order sought to be reduced was already factored into the prior order. THIS WILL REQUIRE KNOWLEDGE OF THE PRIOR CALCULATIONS WHICH MEANS MORE DOCUMENT REVIEW AND POSSIBLE DELAYS IF NOT PROPERLY PREPARED.
“Shared physical custody” is defined as substantially equal parenting time as opposed to substantially in excess of a normal visitation schedule. THIS IS GOING TO REDUCE THE NUMBER OF PEOPLE WHO CAN DEVIATE FROM THE GUIDELINES BASED ON SHARED CUSTODY. AND A PARENT WHO HAD THE BENEFIT OF THE DEVIATION MAY LOSE IT IF SUPPORT IS RECALCULATED. I SUSPECT IT WILL ALSO CREATE MORE HAGGLING OVER PARENTING TIME.
The child support guidelines stop when the combined gross income of the parents reaches $4000.00 per week. In the past, there was no direction given in the guidelines as to what to do if the parents’ income exceeded the $4000.00 and the courts were not consistent in their opinions of how to appropriately calculate child support past that threshold. We are now provided with instructions. THIS WILL REDUCE THE NEGOTIATION AND ATTORNEY’S FEES ONCE REQUIRED TO SETTLE THESE MATTERS BUT ALSO REDUCES THE FLEXIBILITY OF THE PARTIES TO CREATE A FORMULA THAT WORKS FOR THEM.
Past due child support payments can now be ordered paid at 100% of the current weekly order as opposed to only 50% if certain conditions apply. IT’S ABOUT TIME AND MAY BE WORTH SOMEONE WITH A LARGE ARREARAGE DUE THEM TO RECALCULATE SUPPORT IF THIS CONDITION APPLIES AS THEY WILL BE PAID TWICE AS FAST.
Additional deviation factor added for when the total child support award exceeds 55% of payor’s net income.

It is advisable to have an attorney run the numbers using the new guidelines before filing a motion to modify or to see if one should be filed. Significant changes could result either way. Read more about how we get you a fair Child Support agreement.