Custody & Alimony
It is a common misconception that custody of the children is always given to the mother and that the father must always pay child support – but this is not the case in Connecticut. In Connecticut, a family law court determines custody and visitation using the amorphous “best interests of the child” standard.
The “Best Interests of the Child”
Your income, occupation, relationship with the child, and time available to spend with your child, as well as the child’s preferences, will all be considered in determining the best needs of the child.
In most cases, the court will presume that joint legal custody (making decisions concerning such topics as education and healthcare) is in the best interests of the child. Occasionally, physical custody (where the child lives) can also be shared equally. In that instance, child support may be reduced, because each parent has equal or nearly-equal time with the child.
If you are granted physical custody of your child, we will work to get you the maximum child support award available, fight to make sure that your child is insured and that your spouse pays their proportional share of your child’s education, healthcare, and other costs.
If you were denied physical custody of your child, we will fight for the most generous parenting time schedule that the court will allow, including overnights, weekends, birthdays, holidays, and school vacations.
At the Kocian Law Group, we understand that your children are the most important thing to both you, and your spouse. We are parents too, and we will fight for you and for your children’s future by working to ensure that they have healthcare coverage, post-majority support, and that they are protected with parental life insurance.
Your divorce may also involve a discussion of alimony if you have been married long enough and one spouse has demonstrated a financial need. Alimony must be included in your final divorce decree. If you are awarded alimony or required to pay alimony, the arrangement may be modified by the court for any number of reasons, including a change in financial circumstances, remarriage, or the passage of an agreed-upon amount of time.
If your spouse has made a claim against you for alimony, we will fight to defend your legal rights and to prevent or minimize the awarding of alimony as appropriate. In Connecticut, either spouse, has a right to seek alimony, and alimony can be awarded to either party – usually based on the financial circumstances of the parties.
We understand that divorce does not end with the divorce decree. There are tax consequences to alimony, child support, and child custody. We will help you to understand the tax consequences that you face in the future.