Selected Connecticut Substantive And Procedural Laws Relating To Family/Matrimonial Matters
Note: this is just a partial recitation of Connecticut’s family/matrimonial laws. You are encouraged to review primary source materials for the full scope of applicable substantive and procedural statutes and rules.
Sec. 1201. Complaints for Dissolution of Marriage, Legal Separation, or Annulment
Every complaint in a dissolution of marriage (LEGAL SEPARATION OR ANNULMENT) action shall state the date and place, including the city or town, of the marriage and the facts necessary to give the court jurisdiction, substantially in accordance with Form 504.1 (and all judgments of dissolution of marriage shall state such date and place and the jurisdictional facts as found by the court upon the hearing) .Every such complaint shall also state whether there are minor children issue of the marriage and whether there are any other minor children born to the wife since the date of marriage of the parties, the name and date of birth of each, and the name of any individual or agency presently responsible by virtue of judicial award for the custody or support of any child. These requirements shall be met whether a child is issue of the marriage or not and whether custody of children is sought in the action. In every case in which the state of Connecticut or any town thereof is contributing or has contributed to the support or maintenance of a party or child of said party, such fact shall be stated in the complaint and a copy thereof served on the attorney general or town clerk in accordance with the provisions of Sec. 120. Although the attorney general or town clerk shall be a party to such cases, he (OR SHE) need not be named in the writ of summons or summoned to appear.( THE COMPLAINT SHALL ALSO SET FORTH THE PLAINTIFF’S DEMAND FOR RELIEF AND THE AUTOMATIC ORDERS AS REQUIRED BY SEC. 1204)COMMENTARY: This section has been transferred, with revisions, from Sec. 453.
Sec. 1202. Action for Custody of Minor ChildEvery complaint in an action for custody of a minor child, other than actions for dissolution of marriage, legal separation or annulment, shall state the name and date of birth of such minor child or children, the names of the parents and legal guardian [*92PB] of such minor child or children, and the facts necessary to give the court jurisdiction. The complaint shall comply with Sec. 1204. Such complaint shall be commenced by an order to show cause.
Sec. 1203. Action for Visitation of Minor Child
Every complaint in an action for visitation of a minor child, other than actions for dissolution of marriage, legal separation or annulment, shall state the name and date of birth of such minor child or children, the names of the parents and legal guardian of such minor child or children, and the facts necessary to give the court jurisdiction. The complaint shall comply with Sec. 1204. Such complaint shall be commenced by an order to show cause.
Sec. 1204. Automatic Orders Upon Service of Complaint
Sec. 1227. Modification of Custody, Alimony or Support
COMMENTARY: This section has been transferred, with revisions, from Sec. 464.
The Rules Committee recommends that motions for modification specify whether they are pendente lite or post-judgment so that they may be separately coded for statistical purposes.
Sec. 1228. Motion for Contempt
Sec. 1233. Mandatory Disclosure and Production
Sec. 1234. Judicial Appointment of Expert Witnesses
Whenever the judicial authority deems it necessary, on its own motion it may appoint any expert witnesses of its own selection. The judicial authority shall give notice of its intention to appoint such expert, and give the parties an opportunity to be heard concerning such appointment. An expert witness shall not be appointed by the judicial authority unless the expert consents to act. An expert witness so appointed shall be informed of his or her duties by the judicial authority in writing, a copy of which shall be filed with the clerk, or the witness shall be informed of his or her duties at a conference in which the parties shall have an opportunity to participate. Such expert witness shall advise the parties of his or her findings, if any, and may thereafter be called to testify by the judicial authority or by any party and shall be subject to cross-examination by each party. The judicial authority may [*100PB] determine the reasonable compensation for such witness and direct payment out of such funds as may be provided by law or by the parties or any of them as the court may direct. Nothing in this rule shall prohibit the parties from retaining their own expert witnesses.COMMENTARY: The purpose of this proposed new section, which tracks Sec. 881 of the criminal rules, is to insure that the court and the parties understand that the judge in family cases may also appoint his or her own experts as the case may require. This rule permits the court to make the appointment on its own or on the suggestion of either party or the counsel for the minor child.
Connecticut’s Premarital Agreement sets forth, in detail, what the parties to premarital agreements may accomplish through their contracts, as well as the prerequisites for the enforceability of such contracts. The Full text of the Law is set forth below:
PUBLIC ACT NO. 95-170 AN ACT CONCERNING THE CONNECTICUT PREMARITAL AGREEMENT ACT.
A premarital agreement shall be in writing and signed by both parties. It shall be enforceable without consideration.
A premarital agreement becomes effective upon marriage unless otherwise provided in the agreement.
After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation shall be enforceable without consideration.
If the marriage is held void or voidable, an agreement that would otherwise have been a premarital agreement shall be enforceable only to the extent necessary to avoid an inequitable result.
Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement, except that equitable defenses limiting the time for enforcement, including laches and estoppels, shall be available to either party.
This act may be cited as the Connecticut Premarital Agreement Act.
Nothing in this act shall be deemed to affect the validity of any premarital agreement made prior to the effective date of this act.
This act shall take effect October 1, 1995, and shall apply to any premarital agreement executed on or after that date.
The following information is intended to answer some of the more common questions regarding child support in Connecticut. This is not a substitute for the advice of an attorney, and is provided solely as general information. If you have questions, you may wish to consider consulting with an attorney.
How are Support Orders calculated?
The courts use mandatory guidelines to make fair and consistent child support orders.
How do I enforce a Child Support Order?
The following three tolls can be used to enforce a child support order:
KREMENITZER v. KREMENITZER, 81 Conn. App. 135 (2004):Summary of Factual Background:
The parties’ separation agreement, which had provided for the order as a means of dividing and equalizing various retirement accounts, provided that the assets were to be valued as of the day of dissolution or as close to that day as values could be obtained. The order, however, provided, in effect, that the defendant’s 401 (k) retirement account was to be valued as of “the last valuation date prior to the date distribution is to occur. . . .” Between the date of the dissolution judgment and the subsequent distribution date proposed in the order, the value of the assets in the defendant’s possession decreased significantly. Plaintiff moved to correct the qualified domestic relations order so that distribution would be based on the 401(k)'s value as of the date of dissolution. The trial court granted plaintiff's motion.Holding: The appellate court affirmed the trial court's modification of QDRO so as to provide for the valuation of defendant's 401(k) as of the date of dissolution,
BENDER v. BENDER, 258 Conn. 733 (2001):
Both vested and nonvested pensions are marital property under Connecticut law: "unvested pension benefits are not too speculative to be considered property subject to equitable distribution under § 46b-81."
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