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    Westport, CT 06880
    115 East Putnam Avenue
    Greenwich, CT 06830
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    Tag: attorney

    HOW DOES THE CARES ACT IMPACT MY CONNECTICUT DIVORCE?

    Posted by Eric Broder on May 1, 2020

    On March 27, 2020 the Congress passed H.R. 748, the Coronavirus Aid, Relief and Economic Security “CARES” Act. This Act is intended to provide emergency economic relief to individuals, families and businesses who are impacted by the 2020 COVID-19 Pandemic. How does the CARES Act impact your Connecticut Divorce?

    How are Economic Impact Payments Treated in my Connecticut Divorce?

    The CARES Act provides for Economic Impact Payments to be made to many American households based on Adjusted Gross Income (“AGI”) as reported on 2018 and 2019 Federal income tax returns. Eligibility is based on thresholds, for example, if you filed individually and had AGI less than $99,000, filed individually as head of household with AGI of less than $136,500, or filed jointly with AGI less than $198,000, you may be entitled to payments of up to $1,200 per adult and $500 per child.
    If you are going through a divorce in Connecticut and you, your spouse and/or your children are entitled to economic impact payments, the payments constitute a marital asset for purposes of dividing property, the same way that a tax refund would be.

    If I am already divorced, who will receive the Economic Impact Payments on behalf of my children?

    Whether or not your child is entitled to an impact payment depends on the financial information of the parent who claimed the child on a 2019 tax return. If neither parent filed a 2019 tax return, the payment will be based upon the parent who claimed the child in 2018. Payments are automatically made into the account or mailed to the address designated by the tax filer on his or her return.

    How do I know if my Spouse Received Funds from the Paycheck Protection Program?

    The paycheck protection program was established under the CARES Act and is intended to provide small businesses with up to eight weeks of payroll and other costs (such as rent, mortgage interest and utilities). If you are going through a divorce in Connecticut and your spouse owns a business, it probably worthwhile to formally request any and all documents and applications submitted to or received from the paycheck protection program (or any other Federal, State or Municipal relief, for that matter). This will not only inform you as to whether or not your spouse has received funds, but it will also provide you with documentation of the payroll and other financial information of the business in the months and years leading up to the divorce.

    Will my alimony reconciliation be postponed due to the tax deadline extensions?

    The IRS, in conjunction with the CARES Act, has extended the deadline to file and pay federal income taxes from April 15, 2020 to July 15, 2020. If your Separation Agreement provides for a reconciliation of alimony upon the filing of your ex-spouse’s tax return, and he or she is taking advantage of the extension, it will likely impact your ability to conduct a reconciliation. While you are waiting for the 2019 tax return to be filed, there may be other documents that you can request from your ex to at least start the reconciliation process, such as W-2s, year-end paystubs, 1099s and other supporting documents.

    Broder Orland Murray & DeMattie LLC recommends that you seek advice from an experienced divorce attorney, as well as your tax professional and financial advisor as to how the CARES Act might affect you if you are divorced, divorcing or separated in Connecticut.

    Can I get divorced in Connecticut?

    Posted by Broder Orland Murray & DeMattie LLC on April 14, 2017

    Our office frequently receives inquiries from potential clients who, because of their particular set of circumstances, are uncertain as to whether Connecticut is the appropriate jurisdiction to handle their divorce from a spouse. Sometimes the person lives in a different state and is physically separated from a spouse who continues to reside, or now resides, in Connecticut. In other situations, the spouses in question were married in Connecticut but have never resided in this state or, alternatively, were married in another state (or perhaps even abroad) and moved to Connecticut only recently. Another common scenario that leads to jurisdictional questions from clients is where parties maintain multiple residences. For example, many of our Fairfield County based clients maintain second residences in Manhattan and we also meet or speak with many clients who live out of state but maintain second homes in towns like Greenwich or Westport.

    Just like all states, Connecticut has its own set of laws (commonly referred to as “residency requirements”) which dictate whether a Connecticut court will have jurisdiction over a divorce. Connecticut’s divorce residency requirements authorize courts here to grant a divorce if any one of the three (3) criteria discussed below are met.

    1. Twelve (12) Month Continuous Residence Requirement

    Subsection (c)(1) of C.G.S.A § 46b-44 provides that a decree dissolving a marriage (or granting a legal separation) may be entered by a Connecticut court if one of the parties to the marriage has been a resident of Connecticut for at least twelve months next preceding the date of the filing of the Complaint or the date of the decree.

    There are several important points to keep in mind in considering the scope and the limitations of this residency provision. First, there is the question of what constitutes “residency” in this state. Courts have interpreted the term “residence” to require that a party be “domiciled” in Connecticut in order to be considered a resident of the state. To be “domiciled” within the state requires maintenance of an actual residence in Connecticut, coupled with the intention of permanently remaining (as opposed to an intention to use the actual residence in quest for a temporary or special purpose). Notably, the issue of whether a party is domiciled in Connecticut for purposes of divorce jurisdiction, if and when it arises, is an issue of fact that a Court must determine, and not one for which there is a bright-line rule to be applied.

    A second element of the “12-month residency requirement” portion of C.G.S.A § 46b-44(c) which is important to understand is that the statute only requires that one party meet the residency requirement and does not limit the court’s jurisdiction to cases where the plaintiff meets that requirement. Accordingly, a divorce action may be brought in Connecticut by a person who lives in a different state, so long as the defendant-spouse satisfies the residency requirement.

    Finally, it is worth highlighting that although C.G.S.A § 46b-44(c)(1) requires that either party has met the 12-month residency requirement before a final judgment can be entered, the statute does not require that either party has resided in Connecticut for the preceding 12 months in order to file for divorce. Accordingly, as long as either spouse is currently domiciled in Connecticut, either spouse may legally commence an action for divorce against the other in Connecticut even if the Court’s authority to actually grant a divorce has not yet been triggered. This provision allows Connecticut courts to grant important temporarily relief — such as temporary child support or alimony — to litigants who may be domiciled in Connecticut, but have not yet been domiciled here for twelve months.

    2. Jurisdiction Based upon Domicile at Time of Marriage

    Subsection (c)(2) of C.G.S.A § 46b-44 provides that a decree dissolving a marriage or granting a legal separation may be entered if one of the parties was domiciled in Connecticut at the time of the marriage and returned to this state with the intention of permanently remaining before filing the Complaint. Notably, this provision requires a party to have been domiciled in Connecticut at the time of the actual marriage (regardless of whether the marriage occurred in Connecticut) and it is not sufficient that her or she resided in or traveled to Connecticut at some earlier time.

    3. Jurisdiction Based upon Cause of Dissolution Arising in Connecticut

    Finally, subsection (c)(3) of C.G.S.A § 46b-44 provides that a decree dissolving a marriage or granting a legal separation may be entered if the cause for the dissolution of the marriage arose after either party moved into the state.

    At Broder Orland Murray & DeMattie LLC, we are well-versed in jurisdictional issues that relate to divorce and can help clients navigate through the requirements.

    WHAT DIVORCE PROCESS IS RIGHT FOR ME? PART IV – ADR

    Posted by Broder Orland Murray & DeMattie LLC on April 7, 2017 with 0 Comment

    The previous posts in this series discussed mediation, collaborative divorce, and litigation, and this post will continue with ADR.

    ADR

    The most popular models of ADR utilized in family law matters for individuals living in Greenwich or Westport are ADR mediation and arbitration.

    In our practice at Broder Orland Murray & DeMattie, LLC, if the parties and counsel cannot reach a settlement, the next step before trial is often to participate in an ADR mediation. ADR mediation is not binding and the mediator does not force a party to sign an agreement. Each party has input into the process and the ability to walk away if he or she is not comfortable.

    Continue reading “WHAT DIVORCE PROCESS IS RIGHT FOR ME? PART IV – ADR” →

    WHAT DIVORCE PROCESS IS RIGHT FOR ME? PART III – LITIGATION

    Posted by Broder Orland Murray & DeMattie LLC on February 3, 2017 with 0 Comment

    The previous posts in this series discussed mediation and collaborative divorce and this post will continue with litigation.

    LITIGATION

    You most likely associate the word “litigation” with nasty court room battles at a great expense. In some instances that is the case, however, “litigation” does not always have to be an expensive battle. In its simplest form, litigation is the process of taking legal action. Whether you choose mediation, collaborative, litigation, or alternative dispute resolution divorce models, you must take legal action against your spouse, which means a Marshal serves your spouse with the Summons, Complaint, and Automatic Orders, and then you file those documents with the Court. The differences between the various models hinge on what course you and your spouse decide to take after the action is filed with the Court. Sometimes you do not have a choice based on your spouse’s actions, and the default model is litigation. Irrespective of the model, you and your spouse must still resolve the same issues including legal custody, physical custody, alimony, child support, housing, division of bank, brokerage, and retirement accounts, and the division of personal property.

    Continue reading “WHAT DIVORCE PROCESS IS RIGHT FOR ME? PART III – LITIGATION” →

    PREPARING FOR DIVORCE

    Posted by Broder Orland Murray & DeMattie LLC on January 6, 2017 with 0 Comment

    For most people, deciding to get divorced is not a snap decision. It often comes after many years of pain and turmoil in a marriage. Therefore, there should be sufficient time to prepare for divorce as it is critical to ensuring that the process goes as efficiently as possible.

    Experienced divorce attorneys in Westport, Greenwich, Darien, New Canaan and Stamford, often are asked by a potential client in an initial meeting, “What should I be doing before filing for divorce to make sure the process goes as smoothly as possible?” The answer is multifaceted and often depends on the particular facts of the case but below are certain general steps that each divorce litigant should address prior to an action commencing:

    Continue reading “PREPARING FOR DIVORCE” →

    CHILD SUPPORT PART II: THE CONNECTICUT CHILD SUPPORT GUIDELINES

    Posted by Broder Orland Murray & DeMattie LLC on December 30, 2016 with 0 Comment

    As discussed in Part I of this series, child support is the obligation that a parent has to contribute to the financial costs of raising their child. Child support must be determined in the following actions in which the parties have minor children: dissolution of marriage, annulment of marriage, legal separation, or child custody proceedings. A court is required to consider a multitude of factors as listed in Connecticut General Statutes Section 46b-84(a). In addition to these factors, Connecticut has adopted the Child Support Guidelines, which must also be considered by a court.

    Divorce attorneys in Greenwich, Stamford, Darien, New Canaan and Westport, are familiar with both the statutory criteria and the Child Support Guidelines, and at Broder and Orland, LLC, our attorneys are skilled at understanding and applying the law and the nuances of determining child support.

    At their most basic level the Child Support Guidelines are a mathematical formula based off of the Income Shares Model. The Income Shares Model takes into account the incomes of both parents and presumes that a child in a divorcing family should receive the same portion of parental income that he/she would have received if the parents had continued living together. The Child Support Guidelines use the Income Shares Model to determine an appropriate amount of the parents’ combined income that should be designated as child support.

    Continue reading “CHILD SUPPORT PART II: THE CONNECTICUT CHILD SUPPORT GUIDELINES” →

    DIVIDING QUALIFIED RETIREMENT PLANS IN A DIVORCE VIA QDRO

    Posted by Broder Orland Murray & DeMattie LLC on December 23, 2016 with 0 Comment

    For many divorcing couples in Connecticut, retirement assets — such as 401k plans, pension plans or IRA accounts — represent a substantial portion of the marital estate. This tends to be especially true in marriages of long duration. Accordingly, it is not surprising that many of our clients express concerns about whether they will be entitled to share in retirement assets that are titled in their spouse’s name and, if so, what this will look like. Just like assets such as bank accounts, real estate, cars or jewelry, retirement assets are a form of property that can be divided at the time of a divorce. In fact, the division of retirement assets is often a critical component of a divorce settlement or divorce decree.

    As an initial matter, it is important to understand that many different kinds of retirement assets exist, and that they are all divisible in a divorce in one form or another. The focus of this article, however, is on employer-sponsored “qualified” retirement plans, which are retirement plans that are afforded special favorable tax treatment because they satisfy certain federal requirements. Common examples of qualified retirement plans that may comprise part of a marital estate are 401(k) plans or pension plans. Fortunately, for divorcing couples, there is a mechanism called a Qualified Domestic Relations Order (commonly referred to as a “QDRO”), pursuant to which qualified retirement plans may be divided between divorcing spouses (whether at a 50/50 allocation, or otherwise) without these funds losing their favorable tax treatment and without application of any early withdrawal penalties. In short, a QDRO is a judicial order that assigns to the non-titled spouse (referred to as the “Alternate Payee”) the right to receive all or a portion of the benefits payable to the titled spouse (referred to as the “Participant”) under a qualified retirement plan.

    Continue reading “DIVIDING QUALIFIED RETIREMENT PLANS IN A DIVORCE VIA QDRO” →

    WHAT DIVORCE PROCESS IS RIGHT FOR ME? PART II – COLLABORATIVE

    Posted by Broder Orland Murray & DeMattie LLC on December 9, 2016 with 0 Comment

    The previous post discussed mediation and this post will continue with collaborative divorce.

    COLLABORATIVE DIVORCE

    Collaborative divorce offers an alternative between mediation and litigation. In a strict collaborative process, the divorcing couple executes a contract binding each other and his or her respective attorney to the non-adversarial process and disqualifying the attorney’s right to represent his or her client in any future litigation. The collaborative process generally follows the same track as the mediation process, with the exception that each spouse is represented by an attorney instead of having a mediator facilitate the process.

    The major advantage of collaborative divorce compared to mediation is the fact that each spouse is represented by an attorney. First, this generally provides a person with added comfort since his or she will have an experienced advocate on his or her side, which means the spouses will not have to navigate through potentially complex issues alone. Second, representation should help level the proverbial playing field, since an experienced family law attorney should have the requite knowledge and skills to: (a) request production of the necessary information and documents and (b) analyze the information and documents on behalf of the client to properly advise the client as to reasonable settlement options related to legal custody, physical custody, alimony, child support, housing, division of bank, brokerage, and retirement accounts, and the division of personal property. Third, on the date of the divorce, each spouse will be represented by an attorney in court, instead of going through the uncontested divorce hearing unrepresented.

    Continue reading “WHAT DIVORCE PROCESS IS RIGHT FOR ME? PART II – COLLABORATIVE” →

    STARTING THE DIVORCE PROCESS

    Posted by Broder Orland Murray & DeMattie LLC on November 11, 2016 with 0 Comment

    You finally summoned the courage to call a “divorce attorney.” Now what?

    For many clients, the most difficult day of the entire divorce, is the day initial contact is made with a divorce attorney. Thoughts of divorce may have been festering for a long time. Or sometimes, there is a spontaneous revelation such as the discovery of an e-mail or a text message, which prompts that call. Regardless of the reason, the actual prospect that you may be divorced suddenly hits you in the face once you start the process. It is a scary proposition for most.

    Clients are often referred to divorce attorneys through other people, including friends, family, therapists, and financial planners. Others, because they don’t have these personal contacts on which to rely or because they choose to be discreet, find their divorce attorney on line.

    It is most typical that a brief phone conversation takes place between the attorney and potential client, after an initial conflicts check is performed. This serves as a preliminary screening to determine whether it is appropriate to set up an initial office consultation and also includes a discussion of the financial terms of that consultation. Some lawyers in Westport, Greenwich, Stamford, New Canaan and Darien, charge a fee for an initial office consultation; others do not. It is important to discuss that during the preliminary phone conversation.

    Continue reading “STARTING THE DIVORCE PROCESS” →

    CHILD SUPPORT PART I: A BRIEF OVERVIEW

    Posted by Broder Orland Murray & DeMattie LLC on November 4, 2016 with 0 Comment

    “How can I ensure the financial well-being of my children?” is one of the most frequent questions posed to divorce lawyers in Greenwich, Stamford, Darien, New Canaan, and Westport. Divorce is a difficult time for families and all parents want to know that their children will be taken care of both during the pendency of the litigation and long after the final papers are signed. Obtaining support for minor children is therefore one of the most significant issues in a divorce or separation proceeding, and Connecticut courts take the matter very seriously.

    Child support cases can sometimes become difficult, depending on the particular circumstances of a given case. This multi-part series will discuss some of the major issues and considerations associated with child support in Connecticut.

    Child support stems from a parent’s statutory and common law duty to support his or her minor children. Support payments are meant to cover a broad range of expenses for the minor child, including but not limited to basic necessities such as shelter, food and clothing. Under most circumstances a parent has a duty to support his or her minor child until that child is emancipated or reaches the age of eighteen; in the case where a child does not graduate high school by the age of eighteen, child support payments typically continue until the earlier of the child’s graduation from high school or the child’s nineteenth birthday. Child support is typically paid from one parent to the other parent on a monthly or weekly basis. Payments can be made via cash, check, direct deposit or through a wage withholding order on the payor’s earnings.

    Continue reading “CHILD SUPPORT PART I: A BRIEF OVERVIEW” →

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